senate Bill S6248

Signed By Governor
2013-2014 Legislative Session

Amends chapter 508 of the laws of 2013 relating to eligible years for payment in lieu of taxes for certain agreements

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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
Jul 22, 2014 signed chap.145
Jul 11, 2014 delivered to governor
Jun 02, 2014 returned to senate
passed assembly
May 28, 2014 ordered to third reading cal.723
substituted for a9390
Jan 23, 2014 referred to ways and means
Jan 22, 2014 delivered to assembly
passed senate
Jan 13, 2014 ordered to third reading cal.11
Jan 08, 2014 referred to rules

Votes

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S6248 - Bill Details

See Assembly Version of this Bill:
A9390
Law Section:
Taxation
Laws Affected:
Amd ยง2, Chap 508 of 2013

S6248 - Bill Texts

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Relates to eligible years for payment in lieu of taxes for certain agreements.

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BILL NUMBER:S6248

TITLE OF BILL: An act to amend chapter 508 of the laws of 2013,
relating to a certain agreement for a payment in lieu of taxes, in
relation to eligible years for payments in lieu of taxes

PURPOSE:

Chapter amendment for Senate Bill S.4753

SUMMARY OF PROVISIONS:

Amends Section 2 to say this act shall take effect immediately and
shall apply only to taxable years beginning on and after January 1,
2008 and ending on or before December 31, 2012.

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.

A recent policy shift within the New York State Department of Tax and
Finance (NYSDTF) regarding this type of agreement denied credit to
this lessee as a result of the business not being a party to the PILOT
agreement between the landlord and tax jurisdiction. As a result, the
lessee that had been approved for the tax credit, had paid taxes
consistent with their lease agreements, and had been audited by the
state during the relevant time period, was assessed for credits
awarded in prior years. This business is now being assessed for
credits awarded in prior years from 2008 to 2010.

This entity has complied with the spirit of the law, and has relied on
the tax credit as a significant component of its budget. This business
also proactively changed its PILOT agreement in order to comply moving
forward, and should not be penalized for a change in policy within the
NYSDTF that would have been followed if it had been policy all along.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after the date Chapter 508 of the
laws of 2013 took effect.


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

                                  6248

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend  chapter 508 of the laws of 2013, relating to a  certain
  agreement  for  a  payment  in  lieu of taxes, in relation to eligible
  years for payments in lieu of taxes

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

  Section  1. Section 2 of chapter 508 of the laws of 2013 relating to a
certain agreement for a payment in lieu of taxes is amended to  read  as
follows:
  S  2.  This  act shall take effect immediately and shall apply ONLY to
taxable years beginning on and after January 1, 2008 AND  ENDING  ON  OR
BEFORE DECEMBER 31, 2012.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after the date chapter 508  of
the laws of 2013 took effect.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13464-01-4

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