S T A T E O F N E W Y O R K
________________________________________________________________________
9179
I N A S S E M B L Y
February 2, 2016
___________
Introduced by M. of A. FARRELL, HEASTIE, MORELLE, HOOPER, AUBRY, PERRY,
MAGNARELLI, BENEDETTO -- Multi-Sponsored by -- M. of A. ABBATE,
ABINANTI, ARROYO, BARRON, BICHOTTE, BLAKE, BRAUNSTEIN, BRENNAN, BRIN-
DISI, BRONSON, CAHILL, CERETTO, CLARK, COLTON, COOK, CRESPO, CYMBROW-
ITZ, DAVILA, DenDEKKER, DILAN, DINOWITZ, FAHY, GLICK, GOTTFRIED,
HARRIS, HUNTER, HYNDMAN, JAFFEE, JEAN-PIERRE, JOYNER, KAVANAGH, KIM,
LAVINE, LENTOL, LIFTON, LINARES, LUPARDO, MARKEY, MILLER, MOSLEY,
MOYA, NOLAN, O'DONNELL, ORTIZ, PEOPLES-STOKES, PICHARDO, PRETLOW,
RAMOS, RICHARDSON, RIVERA, ROBINSON, RODRIGUEZ, ROSENTHAL, ROZIC,
RUSSELL, RYAN, SANTABARBARA, SCHIMEL, SEAWRIGHT, SEPULVEDA, SIMON,
SIMOTAS, SKARTADOS, SKOUFIS, SOLAGES, STECK, STIRPE, THIELE, TITUS,
WALKER, WEINSTEIN, WRIGHT -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to the earned income credit
(Part A); and to amend the tax law, in relation to income tax rates;
and to repeal certain provisions of such law relating thereto (Part B)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
relating to income tax. Each component is wholly contained within a Part
identified as Parts A through B. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Paragraph 1 of subsection (d) of section 606 of the tax
law, as amended by section 1 of part Q of chapter 63 of the laws of
2000, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13914-01-6
A. 9179 2
(1) General. A taxpayer shall be allowed a credit as provided herein
equal to (i) the applicable percentage of the earned income credit
allowed under section thirty-two of the internal revenue code for the
same taxable year, (ii) reduced by the credit permitted under subsection
(b) of this section.
The applicable percentage shall be (i) seven and one-half percent for
taxable years beginning in nineteen hundred ninety-four, (ii) ten
percent for taxable years beginning in nineteen hundred ninety-five,
(iii) twenty percent for taxable years beginning after nineteen hundred
ninety-five and before two thousand, (iv) twenty-two and one-half
percent for taxable years beginning in two thousand, (v) twenty-five
percent for taxable years beginning in two thousand one, (vi) twenty-
seven and one-half percent for taxable years beginning in two thousand
two, and (vii) thirty percent for taxable years beginning in two thou-
sand three, and (VIII) THIRTY-TWO AND ONE-HALF PERCENT FOR THE TAXABLE
YEAR BEGINNING IN TWO THOUSAND EIGHTEEN, AND (IX) THIRTY-FIVE PERCENT
FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN AND thereafter.
Provided, however, that if the reversion event, as defined in this para-
graph, occurs, the applicable percentage shall be twenty percent for
taxable years ending on or after the date on which the reversion event
occurred. The reversion event shall be deemed to have occurred on the
date on which federal action, including but not limited to, administra-
tive, statutory or regulatory changes, materially reduces or eliminates
New York state's allocation of the federal temporary assistance for
needy families block grant, or materially reduces the ability of the
state to spend federal temporary assistance for needy families block
grant funds for the earned income credit or to apply state general fund
spending on the earned income credit toward the temporary assistance for
needy families block grant maintenance of effort requirement, and the
commissioner of the office of temporary and disability assistance shall
certify the date of such event to the commissioner of taxation and
finance, the director of the division of the budget, the speaker of the
assembly and the temporary president of the senate.
S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after 2018.
PART B
Section 1. Paragraph 1 of subsection (a) of section 601 of the tax
law, as amended by section 1 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 SEVENTEEN, 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 TAXABLE YEARS TWO THOUSAND THIRTEEN AND THEREAFTER:
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 6.25% OF EXCESS OVER
A. 9179 3
$40,000
OVER $150,000 BUT NOT OVER $300,000 $8,821 PLUS 6.65% OF EXCESS OVER
$150,000
OVER $300,000 BUT NOT OVER $1,000,000 $18,796 PLUS 6.85% OF EXCESS OVER
$300,000
OVER $1,000,000 BUT NOT OVER $66,746 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $419,546 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $885,546 PLUS 9.82% OF EXCESS OVER
$10,000,000
(B) For taxable years beginning after two thousand eleven and before two
thousand eighteen:
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, 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 $1,946 plus 6.85% of excess over
$40,000]
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 SEVENTEEN, 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 TAXABLE YEARS TWO THOUSAND THIRTEEN AND THEREAFTER:
A. 9179 4
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 $100,000 $1,460 PLUS 6.25% OF EXCESS OVER
$30,000
OVER $100,000 BUT NOT OVER $250,000 $5,835 PLUS 6.65% OF EXCESS OVER
$100,000
OVER $250,000 BUT NOT OVER $1,000,000 $15,810 PLUS 6.85% OF EXCESS OVER
$250,000
OVER $1,000,000 BUT NOT OVER $67,185 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $419,985 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $885,985 PLUS 9.82% OF EXCESS OVER
$10,000,000
(B) For taxable years beginning after two thousand eleven and before two
thousand eighteen:
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 $100,000 $1,460 plus 6.45% of excess over
$30,000
Over $100,000 but not over $250,000 $5,975 plus 6.65% of excess over
$100,000
Over $250,000 but not over $1,500,000 $15,950 plus 6.85% of excess over
$250,000
Over $1,500,000 $101,575 plus 8.82% of excess over
$1,500,000
[(B) For taxable years beginning after two thousand seventeen, 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 $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
A. 9179 5
$19,500
Over $30,000 $1,460 plus 6.85% of excess over
$30,000]
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 SEVENTEEN, 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 TAXABLE YEARS TWO THOUSAND THIRTEEN AND THEREAFTER:
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 6.25% OF EXCESS OVER
$20,000
OVER $75,000 BUT NOT OVER $200,000 $4,411 PLUS 6.65% OF EXCESS OVER
$75,000
OVER $200,000 BUT NOT OVER $1,000,000 $12,723 PLUS 6.85% OF EXCESS OVER
$200,000
OVER $1,000,000 BUT NOT OVER $67,523 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $420,323 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $886,323 PLUS 9.82% OF EXCESS OVER
$10,000,000
(B) For taxable years beginning after two thousand eleven and before
two thousand eighteen:
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, the
following brackets and dollars amounts shall apply, as adjusted by the
cost of living adjustment prescribed in section six hundred one-a of
A. 9179 6
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
$13,000
Over $20,000 $973 plus 6.85% of excess over
$20,000]
S 4. 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) 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] THEREAFTER, 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 5. Subsection (d-2) of section 601 of the tax law is REPEALED and a
new section (d-2) is added to read as follows:
(D-2) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE. NOTWITHSTANDING THE
PROVISIONS OF SUBSECTIONS (D) AND (D-1) OF THIS SECTION, FOR TAXABLE
YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN AND THEREAFTER, 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 RECAP-
TURING THE BENEFIT OF THE TAX TABLES CONTAINED IN SUCH SUBSECTIONS.
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),
(D), (E) AND (F) OF THIS PARAGRAPH MULTIPLIED BY THEIR RESPECTIVE FRAC-
TIONS 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 6.25 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.
A. 9179 7
(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-
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 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)
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.
(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 9.32 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), (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 FIVE MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(F) 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 9.82 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), (C),
A. 9179 8
(D) AND (E) 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 TEN MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(G) 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 TAXPAY-
ER'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), (C), (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
(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.
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 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) 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.
(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 9.32 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), (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
A. 9179 9
EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER FIVE
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(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
(B) OF THIS SECTION NOT SUBJECT TO THE 9.82 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), (B), (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 TEN MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(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 (B) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'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), (C), (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
(C) 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 (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 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 (C) 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
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EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER ONE
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(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
(C) OF THIS SECTION NOT SUBJECT TO THE 9.32 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 SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C)
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
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(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
(C) OF THIS SECTION NOT SUBJECT TO THE 9.82 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 (C) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B), (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 TEN MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(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 (C) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
S 6. 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, 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 two thousand thirteen [through two thousand seventeen] AND
THEREAFTER.
S 7. 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 2018 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 2018 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
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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.
S 8. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2018.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.