S T A T E O F N E W Y O R K
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3947--A
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Real Property Taxation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to requiring STAR program
payments to be issued timely
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (B) of paragraph 10 of subsection (eee) of
section 606 of the tax law, as amended by section 8 of part A of chapter
73 of the laws of 2016, is amended and a new subparagraph (F) is added
to read as follows:
(B) On or before September [fifteenth] FIRST of each year, or as soon
thereafter as practicable, the commissioner shall determine the eligi-
bility of taxpayers for this credit utilizing the information available
to him or her as obtained from the applications submitted [on or before
July first of that year, or such later date as may have been prescribed
by the commissioner for that purpose,] and from such other sources as
the commissioner deems reliable and appropriate. For those taxpayers
whom the commissioner has determined eligible for this credit, the
commissioner shall advance a payment in the amount specified in para-
graph three, four or six of this subsection, whichever is applicable.
Such payment shall be [issued by September thirtieth] POSTMARKED NO
LATER THAN FIFTEEN DAYS PRIOR TO THE EXPIRATION OF THE INTEREST FREE
PERIOD TO PAY SCHOOL TAXES of the year the credit is allowed, or [as
soon thereafter as is practicable] NO LATER THAN NINETY DAYS AFTER THE
RECEIPT OF AN APPLICATION FOR THE CREDIT, WHICHEVER IS LATER. [Nothing
contained herein shall be deemed to preclude the commissioner from issu-
ing payments after September thirtieth to qualified taxpayers whose
applications were made after July first of that year, or such later date
as may have been prescribed by the commissioner for such purpose.]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07549-04-7
A. 3947--A 2
(F) IN THE EVENT THAT AN ADVANCED PAYMENT IS POSTMARKED AFTER THE
DATES PRESCRIBED UNDER SUBPARAGRAPH (B) OF THIS PARAGRAPH THE COMMIS-
SIONER SHALL APPLY TO SUCH CREDIT A LATE FEE OF FIVE PERCENT, WITH AN
ADDITIONAL ONE PERCENT PER MONTH THEREAFTER UNTIL SUCH CREDIT IS POST-
MARKED. IN THE EVENT THAT AN ADVANCED PAYMENT IS ISSUED IN AN INCORRECT
AMOUNT AND A TAXPAYER MUST RETURN THE ADVANCED PAYMENT, THE COMMISSIONER
SHALL APPLY TO SUCH CREDIT A LATE FEE OF FIVE PERCENT, WITH AN ADDI-
TIONAL ONE PERCENT PER MONTH THEREAFTER UNTIL SUCH CREDIT IS REISSUED IN
THE CORRECT AMOUNT.
§ 2. This act shall take effect immediately, and shall apply to taxa-
ble years beginning on and after 2017.