S T A T E   O F   N E W   Y O R K
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                                  8038

                            I N  S E N A T E

                              June 7, 2016
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to the taxation of unincorporated businesses

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

  Section 1. Subdivisions (a) and (b) of section 11-514 of the  adminis-
trative code of the city of New York, as amended by section 18 of part Q
of chapter 60 of the laws of 2016, are amended to read as follows:
  (a)  General.  An  unincorporated  business income tax return shall be
made and filed, and the balance of any tax shown on  the  face  of  such
return,  not  previously paid as installments of estimated tax, shall be
paid, on or before the fifteenth day of the fourth month  following  the
close  of  a  taxable  year  [for taxable years beginning before January
first, two thousand sixteen, and], EXCEPT THAT IN THE CASE OF  AN  UNIN-
CORPORATED  BUSINESS  CLASSIFIED AS A PARTNERSHIP FOR FEDERAL INCOME TAX
PURPOSES, SUCH RETURN SHALL BE MADE AND FILED AND SUCH BALANCE SHALL  BE
PAID  on  or  before  the fifteenth day of the third month following the
close of a taxable year for taxable years beginning on or after  January
first, two thousand sixteen, BY OR FOR EVERY:
  (1)  [by  or  for  every]  unincorporated  business, for taxable years
beginning after nineteen hundred eighty-six but before nineteen  hundred
ninety-seven,  having  unincorporated  business gross income, determined
for purposes of this subdivision without any deduction for the  cost  of
goods  sold or services performed, of more than ten thousand dollars, or
having any amount of unincorporated business taxable income;
  (2) [by or for every] partnership, for taxable years  beginning  after
nineteen  hundred  ninety-six but before two thousand nine, having unin-
corporated business gross income, determined for purposes of this subdi-
vision without any deduction for the cost  of  goods  sold  or  services
performed, of more than twenty-five thousand dollars, or having unincor-
porated business taxable income of more than fifteen thousand dollars;
  (3)  [by  or  for every] unincorporated business other than a partner-
ship, for taxable years beginning after nineteen hundred ninety-six  but

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

                                                           LBD15559-01-6

S. 8038                             2

before  two  thousand nine, having unincorporated business gross income,
determined for purposes of this subdivision without  any  deduction  for
the  cost of goods sold or services performed, of more than seventy-five
thousand  dollars,  or  having unincorporated business taxable income of
more than thirty-five thousand dollars; and
  (4) [by or for  every]  unincorporated  business,  for  taxable  years
beginning after two thousand eight, having unincorporated business gross
income,   determined  for  purposes  of  this  subdivision  without  any
deduction for the cost of goods sold or services performed, of more than
ninety-five thousand dollars.
  (b) Decedents. The return for any deceased individual  shall  be  made
and filed by his or her executor, administrator, or other person charged
with his or her property. If a final return of a decedent is for a frac-
tional  part of a year, the due date of such return shall be[, for taxa-
ble years beginning before January first,  two  thousand  sixteen,]  the
fifteenth  day  of  the  fourth month following the close of the twelve-
month period that began with the first day of such  fractional  part  of
the  year[,  and, for taxable years beginning on or after January first,
two thousand sixteen, the fifteenth day of the third month following the
close of the twelve-month period that began with the first day  of  such
fractional part of the year].
  S  2.  Subdivision (i) of section 11-527 of the administrative code of
the city of New York, as amended by section 19 of part Q of  chapter  60
of the laws of 2016, is amended to read as follows:
  (i)  Prepaid  tax.  For  purposes of this section, any tax paid by the
taxpayer before the last day prescribed for its payment and  any  amount
paid by the taxpayer as estimated tax for a taxable year shall be deemed
to  have  been paid by the taxpayer[, for taxable years beginning before
January first, two thousand sixteen,] on the fifteenth day of the fourth
month following the close of his or her taxable  year  with  respect  to
which  such  amount  constitutes a credit or payment, [and,] EXCEPT THAT
for taxable years beginning on or  after  January  first,  two  thousand
sixteen,  IN  THE  CASE  OF  A  TAXPAYER CLASSIFIED AS A PARTNERSHIP FOR
FEDERAL INCOME TAX PURPOSES, SUCH AMOUNT SHALL BE DEEMED  TO  HAVE  BEEN
PAID  on the fifteenth day of the third month following the close of his
or her taxable year with respect to  which  such  amount  constitutes  a
credit or payment.
  S 3. This act shall take effect immediately.