S T A T E O F N E W Y O R K
________________________________________________________________________
4165
2009-2010 Regular Sessions
I N S E N A T E
April 15, 2009
___________
Introduced by Sens. MONTGOMERY, THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
AN ACT to amend the tax law, in relation to establishing the maximum
residential real property, personal income tax credit
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 (qq) to read as follows:
(QQ) MAXIMUM RESIDENTIAL REAL PROPERTY TAX CREDIT. (1) DEFINITIONS.
FOR THE PURPOSES OF THIS SUBSECTION:
(A) "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL OF THE STATE WHO
OWNS THE RESIDENTIAL REAL PROPERTY IN WHICH HE OR SHE RESIDES, AND HAS
RESIDED IN SUCH RESIDENTIAL REAL PROPERTY FOR NOT LESS THAN TEN YEARS.
(B) "HOUSEHOLD" MEANS THE TAXPAYER OR TAXPAYERS AND ALL OTHER PERSONS,
NOT NECESSARILY RELATED, WHO ALL RESIDE IN THE RESIDENTIAL REAL PROPERTY
OWNED BY THE TAXPAYER OR TAXPAYERS, AND SHARE ITS FURNISHINGS, FACILI-
TIES AND ACCOMMODATIONS; PROVIDED THAT NO PERSON MAY BE A MEMBER OF MORE
THAN ONE HOUSEHOLD AT ONE TIME.
(C) "HOUSEHOLD GROSS INCOME" MEANS THE AGGREGATE ADJUSTED GROSS INCOME
OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE YEAR; PROVIDED THAT SUCH
TERM SHALL ONLY INCLUDE ALL SUCH INCOME RECEIVED BY ALL MEMBERS OF THE
HOUSEHOLD WHILE MEMBERS OF SUCH HOUSEHOLD.
(D) "NET REAL PROPERTY TAX" MEANS THE REAL PROPERTY TAXES ASSESSED ON
THE RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY THE TAXPAYER OR
TAXPAYERS AFTER ANY EXEMPTION OR ABATEMENT RECEIVED PURSUANT TO THE REAL
PROPERTY TAX LAW.
(2) CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE
TAXES IMPOSED BY THIS ARTICLE, EQUAL TO SEVENTY PERCENT OF THE AMOUNT
WHICH THE TAXPAYER'S NET REAL PROPERTY TAX EXCEEDS THE TAXPAYER'S MAXI-
MUM REAL PROPERTY TAX, AS DETERMINED BY PARAGRAPH THREE OF THIS
SUBSECTION. IF SUCH CREDIT EXCEEDS THE TAX FOR SUCH TAXABLE YEAR, AS
REDUCED BY THE OTHER CREDITS PERMITTED BY THIS ARTICLE, THE QUALIFIED
TAXPAYER MAY RECEIVE, AND THE COMPTROLLER, SUBJECT TO A CERTIFICATE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00031-01-9
S. 4165 2
THE DEPARTMENT, SHALL PAY AS AN OVERPAYMENT, WITHOUT INTEREST, ANY
EXCESS BETWEEN SUCH TAX AS SO REDUCED AND THE AMOUNT OF THE CREDIT. IF A
QUALIFIED TAXPAYER IS NOT REQUIRED TO FILE A RETURN PURSUANT TO SECTION
SIX HUNDRED FIFTY-ONE OF THIS ARTICLE, A QUALIFIED TAXPAYER MAY NEVER-
THELESS RECEIVE AND THE COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE
DEPARTMENT, SHALL PAY AS AN OVERPAYMENT THE FULL AMOUNT OF THE CREDIT,
WITHOUT INTEREST.
(3) MAXIMUM REAL PROPERTY TAX. A QUALIFIED TAXPAYER'S MAXIMUM REAL
PROPERTY TAX SHALL BE DETERMINED AS FOLLOWS:
HOUSEHOLD GROSS INCOME MAXIMUM REAL PROPERTY TAX
LESS THAN TWENTY-FIVE FOUR PERCENT OF THE
THOUSAND DOLLARS HOUSEHOLD GROSS INCOME
MORE THAN TWENTY-FIVE FIVE PERCENT OF THE
THOUSAND DOLLARS, BUT HOUSEHOLD GROSS INCOME
LESS THAN OR EQUAL TO
FIFTY THOUSAND DOLLARS
MORE THAN FIFTY THOUSAND SIX PERCENT OF THE
DOLLARS, BUT LESS THAN OR HOUSEHOLD GROSS INCOME
EQUAL TO ONE HUNDRED
THOUSAND DOLLARS
MORE THAN ONE HUNDRED SEVEN PERCENT OF
THOUSAND DOLLARS, BUT THE HOUSEHOLD
LESS THAN OR EQUAL TO GROSS INCOME
ONE HUNDRED FIFTY
THOUSAND DOLLARS
MORE THAN ONE HUNDRED EIGHT PERCENT OF
FIFTY THOUSAND DOLLARS, THE HOUSEHOLD
BUT LESS THAN OR EQUAL GROSS INCOME
TO TWO HUNDRED THOUSAND
DOLLARS
MORE THAN TWO HUNDRED NINE PERCENT
THOUSAND DOLLARS, BUT OF THE HOUSE-
LESS THAN OR EQUAL TO HOLD GROSS
TWO HUNDRED FIFTY INCOME
THOUSAND DOLLARS
MORE THAN TWO HUNDRED NO LIMITATION
FIFTY THOUSAND
DOLLARS
(4) EXCLUSIONS FROM ELIGIBILITY. NO CREDIT SHALL BE GRANTED UNDER THIS
SUBSECTION:
(A) IF THE QUALIFIED TAXPAYER'S HOUSEHOLD GROSS INCOME EXCEEDS TWO
HUNDRED FIFTY THOUSAND DOLLARS; OR
(B) THE QUALIFIED TAXPAYER RECEIVED THE SCHOOL TAX RELIEF EXEMPTION,
PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX
LAW, DURING THE TAXABLE YEAR.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, and shall apply to
taxable years commencing on or after such date.