S T A T E O F N E W Y O R K
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4493
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
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Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to providing a tax credit and
deduction for certain costs of testing well water
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (d) of section 615 of the tax law is amended by
adding a new paragraph 5 to read as follows:
(5) EXPENSES INCURRED BY THE OWNER OF THE REAL PROPERTY FOR THE TEST-
ING OF WELL WATER, NOT TO EXCEED FIVE HUNDRED DOLLARS LESS ANY AMOUNT
CLAIMED AS A CREDIT AGAINST TAX PURSUANT TO SECTION SIX HUNDRED
FIFTEEN-A OF THIS PART BY SAID OWNER, WHERE THE WELL IN QUESTION
SERVICES THE OWNER'S RESIDENCE. THE TEST MAY BE CONDUCTED FOR ANY LEGAL
PURPOSE, BUT ANYONE CLAIMING THIS DEDUCTION WHERE, IN FACT, NO TEST HAS
BEEN CONDUCTED SHALL, IN ADDITION TO ANY OTHER LEGAL RECOURSE, BE
SUBJECT TO A CIVIL PENALTY OF TWO THOUSAND DOLLARS.
S 2. The tax law is amended by adding a new section 615-a to read as
follows:
S 615-A. CREDIT FOR EXPENSES INCURRED BY AN OWNER OF REAL PROPERTY IN
TESTING RESIDENTIAL WELL WATER. AN OWNER OF RESIDENTIAL REAL PROPERTY
SHALL BE ENTITLED TO A CREDIT AGAINST THE TAX OTHERWISE DUE UNDER THIS
ARTICLE OF FIFTY DOLLARS FOR EXPENSES INCURRED IN TESTING WELL WATER
WHERE THE TESTED WELL SERVICES SUCH REAL PROPERTY. THE TEST MAY BE
CONDUCTED FOR ANY LEGAL PURPOSE, BUT ANYONE CLAIMING THIS CREDIT WHERE,
IN FACT, NO TEST HAS BEEN CONDUCTED SHALL, IN ADDITION TO ANY OTHER
LEGAL RECOURSE, BE SUBJECT TO A CIVIL PENALTY OF TWO THOUSAND DOLLARS.
S 3. This act shall take effect immediately and shall apply to tax
years beginning on and after January 1, 2011.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08201-01-1