Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to investigations and government operations |
Apr 24, 2009 |
referred to investigations and government operations |
Senate Bill S4500
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4500 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5389
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Tax Law
- Laws Affected:
- Amd ยง250, Tax L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3048, A3396
2013-2014: A3602
2009-S4500 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4500 TITLE OF BILL : An act to amend the tax law, in relation to limiting the tax imposed on refinanced mortgages to the difference between the total indebtedness secured by the new mortgage and the remaining indebtedness secured by the former mortgage PURPOSE OR GENERAL IDEA OF BILL : To address the concerns of real property owners double taxation. This bill would allow real property owners who refinance their mortgages to be taxed on the remaining amount of indebtedness instead of the original amount of the mortgage. JUSTIFICATION : Real property owners, especially homeowners, should not be punished for taking advantage of refinancing options. Under the current law, real property owners, in essence, are being taxed twice: first on the original amount of the mortgage and second on the new mortgage after refinancing. This legislation will alleviate this burden by taxing only the remaining amount of indebtedness. The mortgage refinancing boom of the past few years reached a high-water mark in 2003. Assuming that the pace of refinancing in the second half of 2003 was roughly equal to that of the first half, nearly 12 million mortgage loans were refinanced in 2003 on the heels of more than 8 million in 2002. With about 75 million home-owning households in the United States, 580 of which have mortgages, this means that more than one out of every four home mortgages in the
2009-S4500 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4500 2009-2010 Regular Sessions I N S E N A T E April 24, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the tax law, in relation to limiting the tax imposed on refinanced mortgages to the difference between the total indebtedness secured by the new mortgage and the remaining indebtedness secured by the former mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 250 of the tax law, as amended by section 1 of part Q of chapter 60 of the laws of 2004, is amended to read as follows: (b) Where all or part of the indebtedness secured by a mortgage of real property within any city in the state having a population of one million or more has been paid and new funds are advanced or re-advanced which are to be secured by such mortgage, OR BY A NEW MORTGAGE WHICH SECURES THE BALANCE OF INDEBTEDNESS REMAINING UNPAID UNDER THE FORMER MORTGAGE PLUS ALL NEW FUNDS ADVANCED OR RE-ADVANCED, the contract or agreement by which such funds are advanced or re-advanced shall be deemed a mortgage of real property for purposes of this article, and shall be taxable as such upon the amount of such new funds, OR UPON THE DIFFERENCE IN AMOUNTS BETWEEN THE TOTAL INDEBTEDNESS SECURED BY THE NEW MORTGAGE AND THE REMAINING INDEBTEDNESS WHICH HAD BEEN SECURED BY THE FORMER MORTGAGE, except as otherwise provided in section two hundred fifty-three-b of this article. 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 the calculation of amount of tax due on mortgages executed on and after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07213-01-9
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