A. 7616 2
(B) For taxable years beginning after two thousand [seventeen] THIR-
TEEN, the following brackets and dollar amounts shall apply, as adjusted
by the cost of living adjustment prescribed in section six hundred one-a
of this part [for tax years two thousand thirteen through two thousand
seventeen]:
If the New York taxable income is: The tax is:
Not over $16,000 4% of taxable income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.90% of excess over
$26,000
Over $40,000 BUT NOT OVER $1,946 plus [6.85%]
$150,000 6.45% of excess over
$40,000
OVER $150,000 BUT NOT OVER $9,041 PLUS 6.65% OF
$300,000 EXCESS OVER $150,000
OVER $300,000 BUT NOT OVER $19,016 PLUS 6.85% OF
$1,000,000 EXCESS OVER $300,000
OVER $1,000,000 BUT NOT OVER $66,966 PLUS 7.85% OF
$2,000,000 EXCESS OVER $1,000,000
OVER $2,000,000 $145,466 PLUS 8.82% OF
EXCESS OVER $2,000,000
S 2. Paragraph 1 of subsection (b) of section 601 of the tax law, as
amended by section 2 of part FF of chapter 59 of the laws of 2013, is
amended to read as follows:
(1) (A) For taxable years beginning after two thousand eleven and
before two thousand [eighteen] FOURTEEN:
If the New York taxable income is: The tax is:
Not over $16,000 4% of taxable income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.90% of excess over
$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.45% of excess over
$40,000
Over $150,000 but not over $300,000 $9,041 plus 6.65% of excess over
$150,000
Over $300,000 but not over $2,000,000 $19,016 plus 6.85% of excess over
$300,000
Over $2,000,000 $135,466 plus 8.82% of excess over
$2,000,000
(B) For taxable years beginning after two thousand [seventeen] THIR-
TEEN, the following brackets and dollars amounts shall apply, as
adjusted by the cost of living adjustment prescribed in section six
hundred one-a of this part [for tax years two thousand thirteen through
two thousand seventeen]:
A. 7616 3
If the New York taxable income is: The tax is:
Not over $12,000 4% of taxable income
Over $12,000 but not over $16,500 $480 plus 4.5% of excess over
$12,000
Over $16,500 but not over $19,500 $683 plus 5.25% of excess over
$16,500
Over $19,500 but not over $30,000 $840 plus 5.90% of excess over
$19,500
Over $30,000 BUT NOT OVER $1,460 plus [6.85%]
$100,000 6.45% of excess over
$30,000
OVER $100,000 BUT NOT OVER $5,975 PLUS 6.65% OF
$250,000 EXCESS OVER $100,000
OVER $250,000 BUT NOT OVER $15,950 PLUS 6.85% OF
$750,000 EXCESS OVER $250,000
OVER $750,000 BUT NOT OVER $1,500,000 $50,200 PLUS 7.85% OF EXCESS OVER
$750,000
OVER $1,500,000 $109,075 PLUS 8.82% OF EXCESS OVER
$1,500,000
S 3. Paragraph 1 of subsection (c) of section 601 of the tax law, as
amended by section 3 of part FF of chapter 59 of the laws of 2013, is
amended to read as follows:
(1) (A) For taxable years beginning after two thousand eleven and
before two thousand [eighteen] FOURTEEN:
If the New York taxable income is: The tax is:
Not over $8,000 4% of taxable income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.90% of excess over
$13,000
Over $20,000 but not over $75,000 $973 plus 6.45% of excess over
$20,000
Over $75,000 but not over $200,000 $4,521 plus 6.65% of excess over
$75,000
Over $200,000 but not over $1,000,000 $12,833 plus 6.85% of excess over
$200,000
Over $1,000,000 $67,633 plus 8.82% of excess over
$1,000,000
(B) For taxable years beginning after two thousand [seventeen] THIR-
TEEN, the following brackets and dollars amounts shall apply, as
adjusted by the cost of living adjustment prescribed in section six
hundred one-a of this part [for tax years two thousand thirteen through
two thousand seventeen]:
If the New York taxable income is: The tax is:
Not over $8,000 4% of taxable income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.90% of excess over
A. 7616 4
$13,000
Over $20,000 BUT NOT OVER $75,000 $973 plus [6.85%]
6.45% of excess over $20,000
OVER $75,000 BUT NOT OVER $200,000 $4,521 PLUS 6.65% OF EXCESS
OVER $75,000
OVER $200,000 BUT NOT OVER $12,833 PLUS 6.85% OF EXCESS
$500,000 OVER $200,000
OVER $500,000 BUT NOT OVER $33,383 PLUS 7.85% OF EXCESS
$1,000,000 OVER $500,000
OVER $1,000,000 $72,633 PLUS 8.82% OF EXCESS
OVER $1,000,000
S 4. Subsection (d-1) of section 601 of the tax law, as added by
section 7 of part A of chapter 56 of the laws of 2011, the opening para-
graph as amended by section 4, subparagraph (D) of paragraph 1 as
amended by section 5, subparagraph (C) of paragraph 2 as amended by
section 6 and subparagraph (C) of paragraph 3 as amended by section 7 of
part FF of chapter 59 of the laws of 2013, is amended to read as
follows:
(d-1) Alternative tax table benefit recapture. Notwithstanding the
provisions of subsection (d) of this section, for taxable years begin-
ning after two thousand eleven [and before two thousand eighteen], there
is hereby imposed a supplemental tax in addition to the tax imposed
under subsections (a), (b) and (c) of this section for the purpose of
recapturing the benefit of the tax tables contained in such subsections;
PROVIDED, HOWEVER, THAT THE SUPPLEMENTAL TAX RELATED TO THE 7.85 PERCENT
TAX RATE SHALL ONLY APPLY FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND
THIRTEEN. During these taxable years, any reference in this chapter to
subsection (d) of this section shall be read as a reference to this
subsection.
(1) For resident married individuals filing joint returns and resident
surviving spouses, the supplemental tax shall be an amount equal to the
sum of the tax table benefits described in subparagraphs (A), (B), (C)
[and], (D) AND (E) of this paragraph multiplied by their respective
fractions in such subparagraphs.
(A) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 6.45 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section.
The fraction for this subparagraph is computed as follows: the numerator
is the lesser of fifty thousand dollars or the excess of New York
adjusted gross income for the taxable year over one hundred thousand
dollars and the denominator is fifty thousand dollars.
(B) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 6.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the tax table benefit in subparagraph (A) of this paragraph. The
fraction for this subparagraph is computed as follows: the numerator is
the lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the taxable year over one hundred fifty thousand
dollars and the denominator is fifty thousand dollars. Provided, howev-
A. 7616 5
er, this subparagraph shall not apply to taxpayers who are not subject
to the 6.65 percent tax rate.
(C) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefit in subparagraphs (A) and (B) of
this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or the
excess of New York adjusted gross income for the taxable year over three
hundred thousand dollars and the denominator is fifty thousand dollars.
Provided, however, this subparagraph shall not apply to taxpayers who
are not subject to the 6.85 percent tax rate.
(D) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 7.85 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFIT IN SUBPARAGRAPHS (A), (B) AND (C)
OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS
FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE
EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER ONE
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. PROVIDED,
HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT
SUBJECT TO THE 7.85 PERCENT TAX RATE.
(E) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 8.82 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B) [and],
(C) AND (D) of this paragraph. The fraction for this subparagraph is
computed as follows: the numerator is the lesser of fifty thousand
dollars or the excess of New York adjusted gross income for the taxable
year over two million dollars and the denominator is fifty thousand
dollars. [This subparagraph shall apply only to taxable years beginning
on or after January first, two thousand twelve and before January first,
two thousand eighteen.
(E)] (F) Provided, however, the total tax prior to the application of
any tax credits shall not exceed the highest rate of tax set forth in
the tax tables in subsection (a) of this section multiplied by the
taxpayer's taxable income.
(2) For resident heads of households, the supplemental tax shall be an
amount equal to the sum of the tax table benefits described in subpara-
graphs (A), (B) [and], (C) AND (D) of this paragraph multiplied by their
respective fractions in such subparagraphs.
(A) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 6.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this section.
A. 7616 6
The fraction for this subparagraph is computed as follows: the numerator
is the lesser of fifty thousand dollars or the excess of New York
adjusted gross income for the taxable year over one hundred thousand
dollars and the denominator is fifty thousand dollars.
(B) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this section
less the tax table benefit in subparagraph (A) of this paragraph. The
fraction for this subparagraph is computed as follows: the numerator is
the lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the taxable year over two hundred fifty thousand
dollars and the denominator is fifty thousand dollars. Provided, howev-
er, this subparagraph shall not apply to taxpayers who are not subject
to the 6.85 percent tax rate.
(C) THE TABLE TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT
OF TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF
SUBSECTION (B) OF THIS SECTION NOT SUBJECT TO THE 7.85 PERCENT RATE OF
TAX FOR THE TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR
DENOMINATED TAX FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX
TABLE APPLICABLE TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (B)
OF THIS SECTION LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS
(A) AND (B) OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS
COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND
DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE
YEAR OVER SEVEN HUNDRED FIFTY THOUSAND DOLLARS AND THE DENOMINATOR IS
FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT
APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 7.85 PERCENT TAX RATE.
(D) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 8.82 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this section
less the sum of the tax table benefits in subparagraphs (A) [and], (B)
AND (C) of this paragraph. The fraction for this subparagraph is
computed as follows: the numerator is the lesser of fifty thousand
dollars or the excess of New York adjusted gross income for the taxable
year over one million five hundred thousand dollars and the denominator
is fifty thousand dollars. [This subparagraph shall apply only to taxa-
ble years beginning on or after January first, two thousand twelve and
before January first, two thousand eighteen.
(D)] (E) Provided, however, the total tax prior to the application of
any tax credits shall not exceed the highest rate of tax set forth in
the tax tables in subsection (b) of this section multiplied by the
taxpayer's taxable income.
(3) For resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts, the supple-
mental tax shall be an amount equal to the sum of the tax table benefits
described in subparagraphs (A), (B) [and], (C) AND (D) of this paragraph
multiplied by their respective fractions in such subparagraphs.
(A) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(c) of this section not subject to the 6.65 percent rate of tax for the
A. 7616 7
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (c) of this section.
The fraction is computed as follows: the numerator is the lesser of
fifty thousand dollars or the excess of New York adjusted gross income
for the taxable year over one hundred thousand dollars and the denomina-
tor is fifty thousand dollars.
(B) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(c) of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (c) of this section
less the tax table benefit in subparagraph (A) of this paragraph. The
fraction for this subparagraph is computed as follows: the numerator is
the lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the taxable year over two hundred thousand dollars and
the denominator is fifty thousand dollars. Provided, however, this
subparagraph shall not apply to taxpayers who are not subject to the
6.85 percent tax rate.
(C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 7.85 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION
LESS THE TAX TABLE BENEFIT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE
FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED
GROSS INCOME FOR THE TAXABLE YEAR OVER FIVE HUNDRED THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS
SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE
7.85 PERCENT TAX RATE.
(D) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 8.82 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this section
less the sum of the tax table benefits in subparagraphs (A) [and], (B)
AND (C) of this paragraph. The fraction for this subparagraph is
computed as follows: the numerator is the lesser of fifty thousand
dollars or the excess of New York adjusted gross income for the taxable
year over one million five hundred thousand dollars and the denominator
is fifty thousand dollars. [This subparagraph shall apply only to taxa-
ble years beginning on or after January first, two thousand twelve and
before January first, two thousand eighteen.
(D)] (E) Provided, however, the total tax prior to the application of
any tax credits shall not exceed the highest rate of tax set forth in
the tax tables in subsection (c) of this section multiplied by the
taxpayer's taxable income.
S 5. Subsection (d-2) of section 601 of the tax law is REPEALED.
S 6. Subsection (a) of section 601-a of the tax law, as amended by
section 10 of part FF of chapter 59 of the laws of 2013, is amended to
read as follows:
A. 7616 8
(a) For tax year two thousand thirteen, the commissioner, not later
than September first, two thousand twelve, shall multiply the amounts
specified in subsection (b) of this section for tax year two thousand
twelve by one plus the cost of living adjustment described in subsection
(c) of this section. For tax year two thousand fourteen, the commission-
er, not later than September first, two thousand thirteen, shall multi-
ply the amounts specified in subsection (b) of this section for tax year
two thousand thirteen by one plus the cost of living adjustment. For
each succeeding tax year after tax year two thousand fourteen [and
before tax year two thousand eighteen], the commissioner, not later than
September first of such tax year, shall multiply the amounts specified
in subsection (b) of this section for such tax year by one plus the cost
of living adjustment described in subsection (c) of this section for
such tax year.
S 7. Subsection (f) of section 614 of the tax law, as amended by
section 11 of part FF of chapter 59 of the laws of 2013, is amended to
read as follows:
(f) Adjusted standard deduction. For taxable years beginning after two
thousand [seventeen] FOURTEEN, the standard deductions set forth in this
section shall be the amounts set forth in this section adjusted by the
cost of living adjustment prescribed in section six hundred one-a of
this part for tax [years] YEAR two thousand thirteen [through two thou-
sand seventeen].
S 8. Section 11 of part A of chapter 56 of the laws of 2011 relating
to personal income rate and benefit recapture as amended by section 12
of part FF of chapter 59 of the laws of 2013, is amended to read as
follows:
S 11. Notwithstanding any provision of law to the contrary, the method
of determining the amount to be deducted and withheld from wages on
account of taxes imposed by or pursuant to the authority of article 22
of the tax law in connection with the implementation of the provisions
of this act shall be prescribed by regulations of the commissioner of
taxation and finance with due consideration to the effect such withhold-
ing tables and methods would have on the receipt and amount of revenue.
The commissioner of taxation and finance shall adjust such withholding
tables and methods in regard to taxable years beginning in 2012 and
after in such manner as to result, so far as practicable, in withholding
from an employee's wages an amount substantially equivalent to the tax
reasonably estimated to be due for such taxable years as a result of the
provisions of this act. Any such regulations to implement a change in
withholding tables and methods for tax year 2012 shall be adopted and
effective as soon as practicable and the commissioner of taxation and
finance may adopt such regulations on an emergency basis notwithstanding
anything to the contrary in section 202 of the state administrative
procedure act. The commissioner of taxation and finance, in carrying out
the duties and responsibilities under this section, may accompany such a
rule making procedure with a similar procedure with respect to the taxes
required to be deducted and withheld by local laws imposing taxes pursu-
ant to the authority of articles 30, 30-A and 30-B of the tax law, the
provisions of any other law in relation to such a procedure to the
contrary notwithstanding. The withholding tables and methods for tax
[years] YEAR 2013 [through 2017] shall not be prescribed by regulation,
notwithstanding any provision of the state administrative procedure act
to the contrary.
S 9. This act shall take effect immediately.