S T A T E O F N E W Y O R K
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S. 2447 A. 5771
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
February 20, 2009
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IN SENATE -- Introduced by Sen. MARCELLINO -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
IN ASSEMBLY -- Introduced by M. of A. CONTE, KOLB, RAIA, SALADINO,
TOBACCO -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a personal
income tax credit for the improvement or replacement of a residential
septic system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 606 of the tax law is amended by adding a new
subsection (p-1) to read as follows:
(P-1) RESIDENTIAL SEPTIC SYSTEM CREDIT. (1) ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS
SUBSECTION, AGAINST THE TAX IMPOSED BY THIS ARTICLE TO THE IMPROVEMENT
OR REPLACEMENT OF A RESIDENTIAL SEPTIC SYSTEM USED TO PROCESS SEWAGE FOR
SINGLE TO FOUR-FAMILY RESIDENCES LOCATED IN THIS STATE.
(2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO:
(A) THE COSTS OF IMPROVING, DURING THE TAXABLE YEAR, AN EXISTING RESI-
DENTIAL SEPTIC SYSTEM, NOT TO EXCEED FIVE HUNDRED DOLLARS; OR
(B) THE COSTS OF REPLACING, DURING THE TAXABLE YEAR, AN EXISTING RESI-
DENTIAL SEPTIC SYSTEM, NOT TO EXCEED ONE THOUSAND DOLLARS.
(3) LIMITATION. A CREDIT ALLOWED UNDER THIS SUBSECTION SHALL BE
ALLOWED ONLY ONCE WITH RESPECT TO A PARTICULAR RESIDENCE.
(4) CARRYOVER. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS
SUBSECTION EXCEEDS THE TAXPAYER'S TAX FOR ANY TAXABLE YEAR, THE EXCESS
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 2. This act shall take effect January 1, 2010 and shall apply to
taxable years commencing on or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04296-01-9