Senate Bill S7030

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

                                  7030

                            I N  S E N A T E

                             March 17, 2016
                               ___________

Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation  to  increasing  the  volunteer
  firefighters' and ambulance workers' credit

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

  Section 1. Subsection (e-2) of section 606 of the tax law, as added by
section 1 of part U of chapter 62 of the laws of 2006,  paragraph  2  as
amended  by  chapter  532  of the laws of 2007, paragraph 3 as added and
paragraph 4 as renumbered by section 4 of part N of chapter  61  of  the
laws  of 2006, and as relettered by section 1 of part K of chapter 59 of
the laws of 2014, is amended to read as follows:
  (e-2) Volunteer firefighters' and ambulance workers' credit.  (1)  For
taxable  years beginning on and after January first, two thousand seven,
a resident taxpayer who serves as an  active  volunteer  firefighter  as
defined in subdivision one of section two hundred fifteen of the general
municipal  law or as a volunteer ambulance worker as defined in subdivi-
sion fourteen of section two hundred nineteen-k of the general municipal
law AND HAS BEEN IN GOOD STANDING FOR A PERIOD OF  FOUR  YEARS  OR  LESS
shall  be allowed a credit against the tax imposed by this article equal
to [two] FIVE hundred dollars.  FOR TAXABLE YEARS BEGINNING ON AND AFTER
JANUARY FIRST, TWO THOUSAND SIXTEEN, A RESIDENT TAXPAYER WHO  SERVES  AS
AN  ACTIVE  VOLUNTEER  FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER AND HAS
BEEN IN GOOD STANDING FOR A MINIMUM OF FIVE YEARS  SHALL  BE  ALLOWED  A
CREDIT  AGAINST  THE  TAX  IMPOSED BY THIS ARTICLE EQUAL TO ONE THOUSAND
DOLLARS. In order to receive this  credit  a  volunteer  firefighter  or
volunteer  ambulance worker must have been active for the entire taxable
year for which the credit is sought.
  (2) If a taxpayer receives a real property tax exemption  relating  to
such  service  under  title two of article four of the real property tax
law, such taxpayer shall not be  eligible  for  this  credit;  provided,
however (A) if the taxpayer receives such real property tax exemption in
the  two  thousand  seven taxable year as a result of making application

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

                                                           LBD14043-02-6

S. 7030                             2

therefor in a prior year or (B) if the  taxpayer  notifies  his  or  her
assessor  in writing by December thirty-first, two thousand seven of the
taxpayer's intent to discontinue such real property tax exemption by not
re-applying  for  such  real  property tax exemption by the next taxable
status date, such taxpayer shall be eligible for this credit for the two
thousand seven taxable year.
  (3) In the case of a husband and wife who file a joint return and  who
both  individually  qualify  for  the  credit under this subsection, the
amount of the credit  allowed  shall  be  [four  hundred]  ONE  THOUSAND
dollars  WHERE  AT  LEAST ONE OF THE QUALIFYING SPOUSES HAS SERVED AS AN
ACTIVE VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER FOR LESS THAN
FIVE YEARS. IN THE CASE OF A HUSBAND AND WIFE WHO FILE A  JOINT  RETURN,
WHO  BOTH  INDIVIDUALLY QUALIFY FOR THE CREDIT UNDER THIS SUBSECTION AND
WHO HAVE EACH SERVED A MINIMUM OF FIVE YEARS, THE AMOUNT OF  THE  CREDIT
ALLOWED SHALL BE TWO THOUSAND DOLLARS.
  (4)  If the amount of the credit allowed under this subsection for any
taxable year shall exceed the taxpayer's tax for such year,  the  excess
shall  be treated as an overpayment of tax to be credited or refunded in
accordance with the provisions of section six hundred eighty-six of this
article, provided, however, that no interest shall be paid thereon.
  S 2. Subsection (e-1) of section 606 of  the  tax  law,  as  added  by
section  1  of  part U of chapter 62 of the laws of 2006, paragraph 2 as
amended by chapter 532 of the laws of 2007, paragraph  3  as  added  and
paragraph  4  as  renumbered by section 4 of part N of chapter 61 of the
laws of 2006, is amended to read as follows:
  (e-1) Volunteer firefighters' and ambulance workers' credit.  (1)  For
taxable  years beginning on and after January first, two thousand seven,
a resident taxpayer who serves as an  active  volunteer  firefighter  as
defined in subdivision one of section two hundred fifteen of the general
municipal  law or as a volunteer ambulance worker as defined in subdivi-
sion fourteen of section two hundred nineteen-k of the general municipal
law AND HAS BEEN IN GOOD STANDING FOR A PERIOD OF  FOUR  YEARS  OR  LESS
shall  be allowed a credit against the tax imposed by this article equal
to [two] FIVE hundred dollars.  FOR TAXABLE YEARS BEGINNING ON AND AFTER
JANUARY FIRST, TWO THOUSAND SIXTEEN, A RESIDENT TAXPAYER WHO  SERVES  AS
AN  ACTIVE  VOLUNTEER  FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER AND HAS
BEEN IN GOOD STANDING FOR A MINIMUM OF FIVE YEARS  SHALL  BE  ALLOWED  A
CREDIT  AGAINST  THE  TAX  IMPOSED BY THIS ARTICLE EQUAL TO ONE THOUSAND
DOLLARS. In order to receive this  credit  a  volunteer  firefighter  or
volunteer  ambulance worker must have been active for the entire taxable
year for which the credit is sought.
  (2) If a taxpayer receives a real property tax exemption  relating  to
such  service  under  title two of article four of the real property tax
law, such taxpayer shall not be  eligible  for  this  credit;  provided,
however (A) if the taxpayer receives such real property tax exemption in
the  two  thousand  seven taxable year as a result of making application
therefor in a prior year or (B) if the  taxpayer  notifies  his  or  her
assessor  in writing by December thirty-first, two thousand seven of the
taxpayer's intent to discontinue such real property tax exemption by not
re-applying for such real property tax exemption  by  the  next  taxable
status date, such taxpayer shall be eligible for this credit for the two
thousand seven taxable year.
  (3)  In the case of a husband and wife who file a joint return and who
both individually qualify for the  credit  under  this  subsection,  the
amount  of  the  credit  allowed  shall  be  [four hundred] ONE THOUSAND
dollars WHERE AT LEAST ONE OF THE QUALIFYING SPOUSES HAS  SERVED  AS  AN

S. 7030                             3

ACTIVE VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER FOR LESS THAN
FIVE  YEARS.  IN THE CASE OF A HUSBAND AND WIFE WHO FILE A JOINT RETURN,
WHO BOTH INDIVIDUALLY QUALIFY FOR THE CREDIT UNDER THIS  SUBSECTION  AND
WHO  HAVE  EACH SERVED A MINIMUM OF FIVE YEARS, THE AMOUNT OF THE CREDIT
ALLOWED SHALL BE TWO THOUSAND DOLLARS.
  (4) If the amount of the credit allowed under this subsection for  any
taxable  year  shall exceed the taxpayer's tax for such year, the excess
shall be treated as an overpayment of tax to be credited or refunded  in
accordance with the provisions of section six hundred eighty-six of this
article, provided, however, that no interest shall be paid thereon.
  S  3.  This  act shall take effect immediately; provided, however, the
amendments to subsection (e-2) of section 606 of the  tax  law  made  by
section one of this act shall be subject to the expiration and reversion
of  such subsection pursuant to section 1 of part K of chapter 59 of the
laws of 2014, as amended, when upon such date the provisions of  section
two of this act shall take effect.