senate Bill S7484A

Signed By Governor
2011-2012 Legislative Session

Relates to payments in lieu of taxes made by certain entities for property located at 176 Rinaldi Boulevard, Poughkeepsie, New York

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 approval memo.9
signed chap.430
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
ordered to third reading rules cal.594
substituted for a10732
referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1480
committee discharged and committed to rules
Jun 18, 2012 print number 7484a
amend and recommit to investigations and government operations
May 25, 2012 referred to investigations and government operations

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7484 - Bill Details

See Assembly Version of this Bill:
A10732
Law Section:
Taxation

S7484 - Bill Texts

view summary

Relates to payments in lieu of taxes made by certain entities for property located at 176 Rinaldi Boulevard, Poughkeepsie, New York.

view sponsor memo
BILL NUMBER:S7484

TITLE OF BILL:
An act
in relation to a certain agreement for a payment in lieu of taxes

PURPOSE:
Relates to payments in lieu of taxes made by certain entities for
property located at 176 Rinaldi Boulevard, Poughkeepsie, New York

SUMMARY OF PROVISIONS:
Section 1. Makes provisions for payments in lieu of taxes made by
certain entities for specified properties and relates to eligibility
for real property tax credit.

Section 2. Effective date.

JUSTIFICATION:

Qualified Empire Zone Enterprises (QEZE) are vital businesses within
our communities that encourage job growth and foster economic
development. As an incentive to participate, these entities qualify
for tax exemptions and refunds. For example, under New York State tax
law, a QEZE tenant that is responsible for property taxes under its
lease is eligible for a refund for paid property taxes. Payments by a
lessee made pursuant to a PILOT agreement qualify as property taxes
that are eligible for this refund.

Nevertheless, there has been a recent policy shift within the New York
State Tax Department of Finance (NYSTDF) regarding this type of
agreement. NYSTDF has denied credit for lessee payments as a result
of them not being a "party to" the PILOT agreement between the
landlord and the tax jurisdiction. As a result, lessees who have been
approved for the tax credit, have paid taxes consistent with their
lease agreements, and have been audited by the state during the
relevant time period, are now being assessed for credits awarded in
prior years and face denials in future years.

These entities have complied with the spirit of the law, and have
relied on the tax credit as a significant component of their budgets.
Such a policy not only creates a disincentive for these businesses to
continue their work in our communities, but jeopardizes their current
fiscal integrity.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2008.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7484

                            I N  S E N A T E

                              May 25, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT in relation to a certain agreement for a payment in lieu of taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  the  provisions  of  subdivision  (e) of
section 15 of the tax law, any payment in lieu of taxes made by a quali-
fied empire zone enterprise to the state, a municipal corporation, or  a
public  benefit corporation pursuant to its lease agreement for property
located at 176 Rinaldi Boulevard, Poughkeepsie, New York with a landlord
that is a party to a payment in lieu  of  taxes  agreement  between  the
landlord  and the state, municipal corporation, or public benefit corpo-
ration shall be deemed, for the purposes of subdivision (e)  of  section
15  of  the  tax law, to have been made pursuant to a payment in lieu of
taxes agreement with the state, municipal corporation, or public benefit
corporation. Such qualified empire zone enterprise shall be eligible  to
claim the real property tax credit provided by section 15 of the tax law
provided  that  for  each  of such periods, the landlord has not filed a
claim for the real property tax credit for  such  payments  nor  made  a
payment  in lieu of taxes to the state, municipal corporation, or public
benefit corporation pursuant to its agreement with the state,  municipal
corporation, or public benefit corporation for such payments.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2008.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16007-01-2

S7484A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10732
Law Section:
Taxation

S7484A (ACTIVE) - Bill Texts

view summary

Relates to payments in lieu of taxes made by certain entities for property located at 176 Rinaldi Boulevard, Poughkeepsie, New York.

view sponsor memo
BILL NUMBER:S7484A

TITLE OF BILL:
An act
in relation to a certain agreement for a payment in lieu of taxes

PURPOSE:
Relates to payments in lieu of taxes made by certain entities for
property located at 176 Rinaldi Boulevard, Poughkeepsie, New York

SUMMARY OF PROVISIONS:
Section 1. Makes provisions for payments in lieu of taxes made by
certain entities for specified properties and relates to eligibility
for real property tax credit.

Section 2. Effective date.

JUSTIFICATION:
Qualified Empire Zone Enterprises (QEZE) are vital businesses within
our communities that encourage job growth and foster economic
development. As an incentive to participate, these entities qualify
for tax exemptions and refunds. For example, under New York State tax
law, a QEZE tenant that is responsible for property taxes under its
lease is eligible for a refund for paid property taxes. Payments by a
lessee made pursuant to a PILOT agreement qualify as property taxes
that are eligible for this refund.

Nevertheless, there has been a recent policy shift within the New York
State Tax Department of Finance (NYSTDF) regarding this type of
agreement. NYSTDF has denied credit for lessee payments as a result
of them not being a "party to" the PILOT agreement between the
landlord and the tax jurisdiction. As a result, lessees who have been
approved for the tax credit, have paid taxes consistent with their
lease agreements, and have been audited by the state during the
relevant time period, are now being assessed for credits awarded in
prior years and face denials in future years.

These entities have complied with the spirit of the law, and have
relied on the tax credit as a significant component of their budgets.
Such a policy not only creates a disincentive for these businesses to
continue their work in our communities, but jeopardizes their current
fiscal integrity.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2008.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7484--A

                            I N  S E N A T E

                              May 25, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN ACT in relation to a certain agreement for a payment in lieu of taxes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Notwithstanding  the  provisions  of  subdivision  (e)  of
section 15 of the tax law, any payment in lieu of taxes made by a quali-
fied  empire zone enterprise to the state, a municipal corporation, or a
public benefit corporation pursuant to its lease agreement for  property
located at 176 Rinaldi Boulevard, Poughkeepsie, New York with a landlord
that  is  a  party  to  a payment in lieu of taxes agreement between the
landlord and the state, municipal corporation, or public benefit  corpo-
ration  shall  be deemed, for the purposes of subdivision (e) of section
15 of the tax law, to have been made pursuant to a payment  in  lieu  of
taxes agreement with the state, municipal corporation, or public benefit
corporation.  Such qualified empire zone enterprise shall be eligible to
claim the real property tax credit provided by section 15 of the tax law
provided that for each of such periods, the landlord  has  not  filed  a
claim  for  the  real  property  tax credit for such payments nor made a
payment in lieu of taxes to the state, municipal corporation, or  public
benefit  corporation pursuant to its agreement with the state, municipal
corporation, or public benefit corporation for such payments.   Notwith-
standing  any section of law to the contrary, such credit shall be based
upon the payments in lieu of taxes and employment of the tenant.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2008.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16007-02-2

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