Assembly Bill A6318

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

                                  6318

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M.  of  A. SILVER, BICHOTTE, LENTOL, SIMANOWITZ, WEPRIN,
  ORTIZ, BROOK-KRASNY -- Multi-Sponsored by -- M. of A. ARROYO, BENEDET-
  TO, BRAUNSTEIN, BRINDISI, COLTON, COOK, CRESPO, CYMBROWITZ, DenDEKKER,
  GJONAJ, GOLDFEDER, HEVESI, MARKEY, McDONALD, MILLER, MOSLEY,  PEOPLES-
  STOKES,  PERRY, PRETLOW, RIVERA, ROBINSON, RODRIGUEZ, RUSSELL, SKARTA-
  DOS, TITUS, WEINSTEIN, WRIGHT -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the tax law, in relation  to  creating  the  primary  or
  secondary education tuition credit

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (ccc) to read as follows:
  (CCC)  PRIMARY  OR  SECONDARY EDUCATION TUITION CREDIT. (1) GENERAL. A
RESIDENT TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS  PROVIDED
IN  PARAGRAPH  FOUR  OF THIS SUBSECTION, AGAINST THE TAX IMPOSED BY THIS
ARTICLE, FOR ALLOWABLE PRIMARY OR SECONDARY EDUCATION TUITION EXPENSES.
  (2) ALLOWABLE AND QUALIFIED PRIMARY  OR  SECONDARY  EDUCATION  TUITION
EXPENSES. FOR THE PURPOSES OF THIS CREDIT:
  (A)  THE  TERM  "ALLOWABLE  PRIMARY  OR  SECONDARY  EDUCATION  TUITION
EXPENSES" SHALL MEAN THE AMOUNT OF QUALIFIED PRIMARY OR SECONDARY EDUCA-
TION TUITION EXPENSES OF ELIGIBLE STUDENTS PAID BY THE  TAXPAYER  DURING
THE  TAXABLE  YEAR,  IN  EXCESS OF ONE THOUSAND DOLLARS BUT NO MORE THAN
FIVE THOUSAND DOLLARS;
  (B) THE TERM "ELIGIBLE  STUDENT"  SHALL  MEAN  ANY  DEPENDENT  OF  THE
TAXPAYER WITH RESPECT TO WHOM THE TAXPAYER IS ALLOWED AN EXEMPTION UNDER
SECTION SIX HUNDRED SIXTEEN OF THIS ARTICLE FOR THE TAXABLE YEAR;
  (C)  THE  TERM  "QUALIFIED  PRIMARY  OR  SECONDARY  EDUCATION  TUITION
EXPENSES" SHALL MEAN THE TUITION REQUIRED FOR THE ENROLLMENT OR  ATTEND-
ANCE  OF  AN  ELIGIBLE STUDENT AT AN INSTITUTION OF PRIMARY OR SECONDARY
EDUCATION, INCLUDING TUTORING IN CONNECTION WITH SUCH COURSE OF STUDY AT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09898-03-5
              

A. 6318                             2

SUCH INSTITUTION.  IN ADDITION, SUCH EXPENSE SHALL INCLUDE  NURSERY  AND
KINDERGARTEN TUITION.  PROVIDED, HOWEVER, TUITION PAYMENTS MADE PURSUANT
TO  THE  RECEIPT  OF ANY SCHOLARSHIPS OR FINANCIAL AID SHALL BE EXCLUDED
FROM THE DEFINITION OF "QUALIFIED PRIMARY OR SECONDARY EDUCATION TUITION
EXPENSES".
  (D)  EXPENSES  PAID  BY  DEPENDENT.  IF AN EXEMPTION UNDER SECTION SIX
HUNDRED SIXTEEN OF THIS ARTICLE WITH RESPECT TO AN INDIVIDUAL IS ALLOWED
TO ANOTHER TAXPAYER FOR A TAXABLE YEAR BEGINNING IN THE CALENDAR YEAR IN
WHICH SUCH INDIVIDUAL'S TAXABLE YEAR BEGINS,
  (I) NO CREDIT UNDER THIS SUBSECTION SHALL BE ALLOWED TO SUCH  INDIVID-
UAL FOR SUCH INDIVIDUAL'S TAXABLE YEAR, AND
  (II) FOR PURPOSES OF SUCH CREDIT QUALIFIED PRIMARY OR SECONDARY EDUCA-
TION  TUITION  EXPENSES PAID BY SUCH INDIVIDUAL DURING SUCH INDIVIDUAL'S
TAXABLE YEAR SHALL BE TREATED AS PAID BY SUCH OTHER TAXPAYER.
  (3) INSTITUTION OF PRIMARY OR SECONDARY EDUCATION. FOR THE PURPOSES OF
THIS CREDIT, THE TERM "INSTITUTION OF PRIMARY  OR  SECONDARY  EDUCATION"
SHALL  MEAN  ANY  NOT-FOR-PROFIT  ELEMENTARY  OR  SECONDARY SECTARIAN OR
NONSECTARIAN SCHOOL LOCATED IN THIS STATE, INCLUDING ANY FREE ELEMENTARY
OR SECONDARY SCHOOL IN THIS STATE PURSUANT  TO  ARTICLE  ELEVEN  OF  THE
CONSTITUTION.
  (4)  AMOUNT  OF  CREDIT.  THE  AMOUNT  OF THE CREDIT SHALL BE EQUAL TO
TWELVE AND ONE-HALF PERCENT OF ALLOWABLE PRIMARY OR SECONDARY  EDUCATION
EXPENSES PER ELIGIBLE STUDENT.
  (5)  REFUNDABILITY.  THE CREDIT UNDER THIS SUBSECTION SHALL BE ALLOWED
AGAINST THE TAXES IMPOSED BY THIS ARTICLE FOR THE TAXABLE  YEAR  REDUCED
BY  THE CREDITS PERMITTED BY THIS ARTICLE. IF THE CREDIT EXCEEDS THE TAX
AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE COMPTROLLER, SUBJECT TO
A CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS AN OVERPAYMENT,  WITHOUT
INTEREST, THE AMOUNT OF SUCH EXCESS.
  S 2. This act shall take effect immediately and shall apply to taxable
years  beginning  on or after January 1, 2015, provided, however, allow-
able primary or secondary tuition expenses incurred and paid on or after
July 1, 2015, shall be eligible for the primary or  secondary  education
tuition credit for taxable year 2015.