Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 05, 2014 |
signed chap.204 |
Aug 01, 2014 |
delivered to governor |
Jun 19, 2014 |
returned to assembly passed senate 3rd reading cal.1071 substituted for s4307 |
Jun 19, 2014 |
substituted by a5959 |
Jun 09, 2014 |
advanced to third reading |
Jun 03, 2014 |
2nd report cal. |
Jun 02, 2014 |
1st report cal.1071 |
May 13, 2014 |
reported and committed to finance |
Jan 08, 2014 |
referred to investigations and government operations |
Mar 20, 2013 |
referred to investigations and government operations |
Senate Bill S4307
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A5959 - Signed by Governor
- 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
Votes
co-Sponsors
(D) Senate District
2013-S4307 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5959
- Law Section:
- Tax Law
- Laws Affected:
- Amd §687, Tax L; amd §11-1787, NYC Ad Cd
2013-S4307 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4307 TITLE OF BILL: An act to amend the tax law and the administrative code of the city of New York, in relation to suspending the income tax refund statute of limitations for individuals due to financial disability Purpose of Bill: The bill would suspend (toll) the statute of limitations for an "individual taxpayer" who to file a claim for an income tax credit or refund during a period when an individual is unable to manage his or her financial affairs due to a severe physical or mental impairment ("financial disability"). Summary of provisions: Section 1 of the bill would re-letter current subsection (k) of section 687 of the Tax Law to be subsection (l) and add a new subsection (k). Proposed paragraph (1) of new subsection (k) would suspend the statute of limitations for an "individual taxpayer" to file a claim for a state or local income tax credit or refund during any period when that individual is "financially disabled?." An individual taxpayer is an individual who is subject to any State or local personal income tax or
2013-S4307 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4307 2013-2014 Regular Sessions I N S E N A T E March 20, 2013 ___________ Introduced by Sen. MARCELLINO -- (at request of the Department of Taxa- tion and Finance) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the tax law and the administrative code of the city of New York, in relation to suspending the income tax refund statute of limitations for individuals due to financial disability THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (k) of section 687 of the tax law is relettered subsection (l) and a new subsection (k) is added to read as follows: (K) RUNNING OF PERIODS OF LIMITATION SUSPENDED WHILE TAXPAYER IS UNABLE TO MANAGE FINANCIAL AFFAIRS DUE TO DISABILITY. -- (1) IN THE CASE OF AN INDIVIDUAL TAXPAYER, THE RUNNING OF THE PERIODS SPECIFIED IN SUBSECTIONS (A), (B), AND (C) OF THIS SECTION SHALL BE SUSPENDED DURING ANY PERIOD OF SUCH INDIVIDUAL'S LIFE THAT SUCH INDIVIDUAL IS FINANCIALLY DISABLED. FOR PURPOSES OF THIS SUBSECTION, AN INDIVIDUAL TAXPAYER IS AN INDIVIDUAL WHO IS SUBJECT TO ANY STATE OR LOCAL PERSONAL INCOME TAX OR SURCHARGE ADMINISTERED BY THE COMMISSIONER. (2) FOR PURPOSES OF PARAGRAPH ONE OF THIS SUBSECTION, AN INDIVIDUAL TAXPAYER IS FINANCIALLY DISABLED IF SUCH INDIVIDUAL IS UNABLE TO MANAGE HIS OR HER FINANCIAL AFFAIRS BY REASON OF A MEDICALLY DETERMINABLE PHYS- ICAL OR MENTAL IMPAIRMENT OF THAT INDIVIDUAL WHICH CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS. AN INDIVIDUAL SHALL NOT BE CONSIDERED TO HAVE SUCH AN IMPAIRMENT UNLESS PROOF OF THE EXIST- ENCE THEREOF IS FURNISHED IN SUCH FORM AND MANNER AS THE COMMISSIONER MAY REQUIRE. (3) AN INDIVIDUAL TAXPAYER SHALL NOT BE TREATED AS FINANCIALLY DISA- BLED DURING ANY PERIOD THAT SUCH INDIVIDUAL'S SPOUSE OR ANY OTHER PERSON IS AUTHORIZED TO ACT ON BEHALF OF SUCH INDIVIDUAL IN FINANCIAL MATTERS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09096-01-3
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