S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1119
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL, ORTIZ, WEPRIN -- Multi-Sponsored by --
   M.  of  A.    ABBATE,  BENEDETTO,  COLTON, COOK, GLICK, HIKIND, PERRY,
   TITONE -- read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to the provision  of  a  credit
   against  state  personal  income tax for tax relief for certain school
   taxpayer renters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1310  of  the tax law is amended by adding a new
 subsection (g) to read as follows:
   (G) STATE SCHOOL TAX REDUCTION CREDIT FOR CERTAIN LOW INCOME  RENTERS.
 (1)  FOR  PURPOSES OF THIS SUBSECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL OF THE STATE  WHO
 HAS  OCCUPIED THE SAME QUALIFIED RESIDENCE FOR SIX MONTHS OR MORE OF THE
 TAXABLE YEAR WITH HIS OR HER CHILD OR CHILDREN AT LEAST ONE OF  WHOM  IS
 UNDER  THE  AGE OF EIGHTEEN, WHO IS REQUIRED OR CHOOSES TO FILE A RETURN
 UNDER THIS ARTICLE AND WHOSE HOUSEHOLD  GROSS  INCOME  DOES  NOT  EXCEED
 SIXTY THOUSAND DOLLARS FOR THE YEAR IN WHICH THE CREDIT IS CLAIMED.
   (B)  "HOUSEHOLD"  OR  "MEMBERS  OF  THE  HOUSEHOLD"  MEANS A QUALIFIED
 TAXPAYER AND ALL OTHER PERSONS, NOT NECESSARILY RELATED,  WHO  HAVE  THE
 SAME  QUALIFIED  RESIDENCE  AND  SHARE  ITS  FURNISHINGS, FACILITIES AND
 ACCOMMODATIONS. SUCH TERMS SHALL NOT INCLUDE A TENANT, SUBTENANT, ROOMER
 OR BOARDER WHO IS NOT RELATED TO THE QUALIFIED TAXPAYER  IN  ANY  DEGREE
 SPECIFIED  IN  PARAGRAPHS ONE THROUGH EIGHT OF SUBSECTION (A) OF SECTION
 ONE HUNDRED FIFTY-TWO OF THE INTERNAL REVENUE CODE.  PROVIDED,  HOWEVER,
 NO PERSON MAY BE A MEMBER OF MORE THAN ONE HOUSEHOLD AT ONE TIME.
   (C) "HOUSEHOLD GROSS INCOME" MEANS THE AGGREGATE ADJUSTED GROSS INCOME
 OF  ALL  MEMBERS  OF  THE HOUSEHOLD FOR THE TAXABLE YEAR AS REPORTED FOR
 FEDERAL INCOME TAX PURPOSES, OR WHICH  WOULD  BE  REPORTED  FOR  FEDERAL
 INCOME  TAX  PURPOSES IF A FEDERAL INCOME TAX RETURN WERE REQUIRED TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04966-01-7

 A. 1119                             2
 
 FILED, WITH THE MODIFICATIONS IN SUBSECTION (B) OF SECTION  SIX  HUNDRED
 TWELVE  OF THIS CHAPTER, BUT WITHOUT THE MODIFICATIONS IN SUBSECTION (C)
 OF SUCH SECTION, PLUS ANY  PORTION  FROM  THE  GAIN  FROM  THE  SALE  OR
 EXCHANGE  OF PROPERTY OTHERWISE EXCLUDED FROM SUCH AMOUNT, EARNED INCOME
 FROM SOURCES WITHOUT THE UNITED STATES  EXCLUDABLE  FROM  FEDERAL  GROSS
 INCOME  BY  SECTION  NINE  HUNDRED  ELEVEN OF THE INTERNAL REVENUE CODE;
 SUPPORT MONEY NOT INCLUDED IN ADJUSTED GROSS INCOME;  NONTAXABLE  STRIKE
 BENEFITS; SUPPLEMENTAL SECURITY INCOME PAYMENTS; THE GROSS AMOUNT OF ANY
 PENSION  OR ANNUITY BENEFITS TO THE EXTENT NOT INCLUDED IN SUCH ADJUSTED
 GROSS INCOME (INCLUDING BUT NOT LIMITED TO RAILROAD RETIREMENT  BENEFITS
 AND  ALL  PAYMENTS  RECEIVED  UNDER  THE FEDERAL SOCIAL SECURITY ACT AND
 VETERANS DISABILITY PENSIONS); NON-TAXABLE INTEREST  RECEIVED  FROM  THE
 STATE  OF NEW YORK, ITS AGENCIES, INSTRUMENTALITIES, PUBLIC CORPORATIONS
 OR POLITICAL SUBDIVISIONS (INCLUDING A PUBLIC CORPORATION CREATED PURSU-
 ANT TO AGREEMENT OR COMPACT WITH  ANOTHER  STATE  OR  CANADA);  WORKERS'
 COMPENSATION;  THE  GROSS  AMOUNT  OF  "LOSS OF TIME" INSURANCE; AND THE
 AMOUNT OF CASH PUBLIC ASSISTANCE AND RELIEF, OTHER THAN MEDICAL  ASSIST-
 ANCE FOR THE NEEDY, PAID TO OR FOR THE BENEFIT OF THE QUALIFIED TAXPAYER
 OR  MEMBERS  OF  HIS HOUSEHOLD. HOUSEHOLD GROSS INCOME SHALL NOT INCLUDE
 SURPLUS FOODS OR OTHER RELIEF IN KIND OR PAYMENTS  MADE  TO  INDIVIDUALS
 BECAUSE  OF  THEIR  STATUS AS VICTIMS OF NAZI PERSECUTION, AS DEFINED IN
 P.L. 103-286. PROVIDED,  FURTHER,  HOUSEHOLD  GROSS  INCOME  SHALL  ONLY
 INCLUDE  ALL  SUCH INCOME RECEIVED BY ALL MEMBERS OF THE HOUSEHOLD WHILE
 MEMBERS OF SUCH HOUSEHOLD.
   (D) "QUALIFIED RESIDENCE" MEANS A RESIDENTIAL RENTAL UNIT.
   (E) "ADJUSTED RENT" MEANS ANNUAL RENTAL PAID FOR THE RIGHT OF OCCUPAN-
 CY OF A QUALIFIED RESIDENCE, EXCLUDING CHARGES FOR HEAT, GAS,  ELECTRIC-
 ITY,  FURNISHINGS  AND  BOARD. WHERE CHARGES FOR HEAT, GAS, ELECTRICITY,
 FURNISHINGS OR BOARD ARE INCLUDED IN RENTAL BUT WHERE SUCH  CHARGES  AND
 THE  AMOUNT  THEREOF  ARE  NOT  SEPARATELY SET FORTH IN A WRITTEN RENTAL
 AGREEMENT, FOR PURPOSES  OF  DETERMINING  ADJUSTED  RENT  THE  QUALIFIED
 TAXPAYER SHALL REDUCE RENTAL PAID AS FOLLOWS:
   (I) FOR HEAT, OR HEAT AND GAS, DEDUCT FIFTEEN PERCENT OF RENTAL PAID;
   (II)  FOR  HEAT,  GAS  OR ELECTRICITY, DEDUCT TWENTY PERCENT OF RENTAL
 PAID;
   (III) FOR HEAT, GAS, ELECTRICITY AND FURNISHINGS,  DEDUCT  TWENTY-FIVE
 PERCENT OF RENTAL PAID;
   (IV)  FOR  HEAT, GAS, ELECTRICITY, FURNISHINGS AND BOARD, DEDUCT FIFTY
 PERCENT OF RENTAL PAID.
 IF THE DEPARTMENT OF TAXATION AND FINANCE DETERMINES THAT  THE  ADJUSTED
 RENT  SHOWN ON THE RETURN IS EXCESSIVE, THE COMMISSIONER MAY REDUCE SUCH
 RENT, FOR PURPOSES OF THE  COMPUTATION  OF  THE  CREDIT,  TO  AN  AMOUNT
 SUBSTANTIALLY EQUIVALENT TO RENT FOR A COMPARABLE ACCOMMODATION.
   (2)  FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SIXTEEN, A QUALI-
 FIED TAXPAYER SHALL BE ALLOWED AN ADDITIONAL STATE SCHOOL TAX  REDUCTION
 CREDIT AGAINST THE TAXES AUTHORIZED BY THIS ARTICLE REDUCED BY THE CRED-
 ITS  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 TAX COMMISSION, SHALL PAY AS AN OVERPAYMENT, WITHOUT
 INTEREST, THE AMOUNT OF SUCH EXCESS.
   (3) FOR QUALIFIED TAXPAYERS THE AMOUNT OF THE CREDIT  ALLOWABLE  UNDER
 THIS  SUBSECTION  SHALL  BE  THREE PERCENT OF THE ADJUSTED RENT PAID FOR
 SUCH QUALIFIED RESIDENCE.
   (4) IF A QUALIFIED TAXPAYER OCCUPIES A QUALIFIED RESIDENCE FOR A PERI-
 OD OF LESS THAN TWELVE MONTHS DURING THE TAXABLE YEAR OR OCCUPIES TWO OR
 MORE QUALIFIED RESIDENCES DURING DIFFERENT PERIODS IN SUCH TAXABLE YEAR,

 A. 1119                             3
 
 THE CREDIT ALLOWED PURSUANT TO THIS SUBSECTION SHALL BE COMPUTED IN SUCH
 MANNER AS THE DEPARTMENT OF TAXATION  AND  FINANCE  MAY,  BY  REGULATION
 PRESCRIBE,  IN  ORDER  TO PROPERLY REFLECT THE CREDIT OR PORTION THEREOF
 ATTRIBUTABLE  TO  SUCH QUALIFIED RESIDENCE OR RESIDENCES AND SUCH PERIOD
 OR PERIODS.
   (5) ONLY ONE CREDIT PER HOUSEHOLD AND PER QUALIFIED TAXPAYER SHALL  BE
 ALLOWED PER TAXABLE YEAR UNDER THIS SUBSECTION. WHEN TWO OR MORE MEMBERS
 OF  A  HOUSEHOLD  ARE  ABLE  TO  MEET THE QUALIFICATIONS FOR A QUALIFIED
 TAXPAYER, THE CREDIT SHALL BE EQUALLY  DIVIDED  BETWEEN  OR  AMONG  SUCH
 INDIVIDUALS UNLESS SUCH INDIVIDUALS FILE WITH THE DEPARTMENT OF TAXATION
 AND  FINANCE  A WRITTEN AGREEMENT AMONG SUCH INDIVIDUALS SETTING FORTH A
 DIFFERENT DIVISION.
   (A) PROVIDED, HOWEVER, WHERE A JOINT INCOME TAX RETURN HAS BEEN  FILED
 PURSUANT TO THE PROVISIONS OF SECTION THIRTEEN HUNDRED SIX OF THIS ARTI-
 CLE BY A QUALIFIED TAXPAYER AND HIS OR HER SPOUSE (OR WHERE BOTH SPOUSES
 ARE  QUALIFIED  TAXPAYERS AND HAVE FILED SUCH JOINT RETURN), THE CREDIT,
 OR THE PORTION OF THE CREDIT IF DIVIDED, TO WHICH THE HUSBAND  AND  WIFE
 ARE  ENTITLED  SHALL  BE APPLIED AGAINST THE TAX OF BOTH SPOUSES AND ANY
 OVERPAYMENT SHALL BE MADE TO BOTH SPOUSES.
   (B) WHERE ANY RETURN REQUIRED TO BE FILED PURSUANT TO  THE  PROVISIONS
 OF  SECTION  THIRTEEN  HUNDRED  SIX OF THIS ARTICLE IS COMBINED WITH ANY
 RETURN OF TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS CHAPTER  OR  ANY
 OTHER  LAW IF SUCH TAX IS ADMINISTERED BY THE DEPARTMENT OF TAXATION AND
 FINANCE, THE CREDIT OR THE PORTION OF THE CREDIT IF DIVIDED, ALLOWED  TO
 THE  QUALIFIED  TAXPAYER  MAY  BE  APPLIED  BY THE DEPARTMENT TOWARD ANY
 LIABILITY FOR THE AFOREMENTIONED TAXES.
   (6) NO CREDIT SHALL BE GRANTED UNDER THIS SUBSECTION:
   (A) IF HOUSEHOLD GROSS INCOME FOR THE TAXABLE YEAR EXCEEDS SIXTY THOU-
 SAND DOLLARS;
   (B) TO AN INDIVIDUAL WITH RESPECT TO WHOM A DEDUCTION UNDER SUBSECTION
 (C) OF SECTION ONE HUNDRED FIFTY-ONE OF THE  INTERNAL  REVENUE  CODE  IS
 ALLOWABLE TO ANOTHER TAXPAYER FOR THE TAXABLE YEAR; OR
   (C) TO AN INDIVIDUAL WHO IS NOT A RESIDENT INDIVIDUAL OF THE STATE FOR
 THE ENTIRE TAXABLE YEAR.
   (7) THE RIGHT TO CLAIM A CREDIT OR THE PORTION OF A CREDIT, WHERE SUCH
 CREDIT  HAS BEEN DIVIDED UNDER THIS SUBSECTION, SHALL BE PERSONAL TO THE
 QUALIFIED TAXPAYER AND SHALL NOT SURVIVE HIS DEATH, BUT SUCH  RIGHT  MAY
 BE  EXERCISED  ON BEHALF OF A CLAIMANT BY HIS LEGAL GUARDIAN OR ATTORNEY
 IN FACT DURING HIS LIFETIME.
   (8) RETURNS UNDER THIS SECTION SHALL BE  IN  SUCH  FORM  AS  SHALL  BE
 PRESCRIBED  BY  THE DEPARTMENT OF TAXATION AND FINANCE, WHICH SHALL MAKE
 AVAILABLE SUCH FORMS AND INSTRUCTION FOR FILING SUCH RETURNS.
   (9) THE DEPARTMENT MAY REQUIRE A QUALIFIED  TAXPAYER  TO  FURNISH  THE
 FOLLOWING  INFORMATION  IN  SUPPORT  OF  HIS  CLAIM FOR CREDIT UNDER THE
 SUBSECTION: HOUSEHOLD GROSS INCOME, RENT PAID, NAME AND ADDRESS OF OWNER
 OR MANAGING AGENT OF THE PROPERTY RENTED, THE NAMES OF  MEMBERS  OF  THE
 HOUSEHOLD  AND  OTHER  QUALIFYING  TAXPAYERS OCCUPYING THE RESIDENCE AND
 THEIR IDENTIFYING NUMBERS INCLUDING SOCIAL SECURITY  NUMBERS,  HOUSEHOLD
 GROSS  INCOME,  SIZE AND NATURE OF PROPERTY CLAIMED AS RESIDENCE AND ALL
 OTHER INFORMATION WHICH MAY BE REQUIRED BY THE DEPARTMENT  TO  DETERMINE
 THE CREDIT.
   (10)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS ARTICLE, THE CREDIT
 ALLOWED UNDER THIS SUBSECTION SHALL BE  DETERMINED  AFTER  THE  DETERMI-
 NATION  AND  APPLICATION  OF  ANY  OTHER  CREDITS  PERMITTED  UNDER  THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.