| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Feb 27, 2018 | print number 8956a |
| Feb 27, 2018 | amend (t) and recommit to corporations, authorities and commissions |
| Jan 09, 2018 | referred to corporations, authorities and commissions |
assembly Bill A8956A
2017-2018 Legislative Session
Authorizes the city of New York to impose a personal income surcharge on high income residents to fund transit improvements and reduced fares for low income residents
Sponsored By
O'DONNELL
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
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A8956 - Details
- See Senate Version of this Bill:
- S6830
- Current Committee:
- Assembly Corporations, Authorities And Commissions
- Law Section:
- Public Authorities Law
- Laws Affected:
- Amd §§1205 & 2799-hh, add §1270-i, Pub Auth L; add §1304-E, amd §§1310 & 1313, Tax L; add §11-1704.2, amd §11-1706, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2019-2020: A2743, S3246
2021-2022: A4434, S1194
2023-2024: A4474, S602
A8956 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8956
I N A S S E M B L Y
January 9, 2018
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to providing for
the appointment of an emergency manager for the metropolitan transpor-
tation authority, and providing for his or her powers and duties; to
amend the tax law, in relation to establishing personal income tax
rates and a tax table benefit recapture for taxpayers who reside in
the metropolitan commuter transportation district; to direct the comp-
troller to transfer moneys in the general fund to the MTA financial
assistance fund; and providing for the repeal of certain provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "better trains, better cities act of 2017".
§ 2. The public authorities law is amended by adding a new section
1263-a to read as follows:
§ 1263-A. EMERGENCY MANAGER. 1. THERE IS HEREBY ESTABLISHED THE OFFICE
OF EMERGENCY MANAGER OF THE AUTHORITY. SUCH MANAGER SHALL OVERSEE THE
AUTHORITY, AND IMPLEMENT THE PLAN ESTABLISHED BY THE EMERGENCY MANAGER
SUBMITTED TO EACH HOUSE OF THE LEGISLATURE DURING THE COURSE OF THE
CONFIRMATION OF THE EMERGENCY MANAGER.
2. THE EMERGENCY MANAGER OF THE AUTHORITY SHALL BE APPOINTED BY THE
GOVERNOR, SUBJECT TO SEPARATE CONFIRMATION BY EACH OF THE HOUSES OF THE
LEGISLATURE. SUCH CONFIRMATIONS SHALL BE COMPLETED WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT UPON NOMI-
NATION BY THE GOVERNOR, EACH NOMINEE FOR EMERGENCY MANAGER SHALL DEVELOP
AND SUBMIT TO THE LEGISLATURE, PRIOR TO HIS OR HER CONFIRMATION, A PLAN
OUTLINING HOW THE NOMINEE, IF CONFIRMED, WILL EXPEDITE REPAIRS TO
AUTHORITY FACILITIES AND EQUIPMENT, EXPAND CAPACITY, AND ENSURE THE
RELIABILITY AND SAFETY OF THE AUTHORITY FACILITIES AND EQUIPMENT AND THE
SERVICES PROVIDED THEREBY. NO NOMINEE SHALL BE CONFIRMED UNTIL SUCH PLAN
SHALL HAVE BEEN RECEIVED AND REVIEWED BY EACH HOUSE OF THE LEGISLATURE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
AA LBD13277-05-7
A. 8956 2
3. THE EMERGENCY MANAGER SHALL HAVE ALL THE POWERS OF THE BOARD OF THE
AUTHORITY AS THEY RELATE TO EXPEDITING REPAIRS TO AUTHORITY FACILITIES
AND EQUIPMENT, EXPANDING CAPACITY, AND ENSURING RELIABILITY AND SAFETY
OF THE AUTHORITY FACILITIES AND EQUIPMENT AND SERVICES PROVIDED THEREBY,
AND SHALL IMPLEMENT THE PLAN HE OR SHE SUBMITTED TO THE LEGISLATURE. THE
EMERGENCY MANAGER'S AUTHORITY TO IMPLEMENT HIS OR HER PLAN SHALL SUPER-
SEDE THE AUTHORITY OF THE BOARD OF THE AUTHORITY, UNLESS SUCH BOARD
SHALL BY A VOTE OF TEN VOTING MEMBERS THEREOF OVERRIDES A SPECIFIC
ACTION OF THE EMERGENCY MANAGER.
§ 3. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (a) of section 601 of the tax law, as added by section 1 of
part R of chapter 59 of the laws of 2017, are amended to read as
follows:
(i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable
income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550 $2,093 plus 6.33% of excess over
$43,000
Over $161,550 but not over $323,200 $9,597 plus 6.57% of excess over
$161,550
Over $323,200 but not over $2,155,350 $20,218 plus 6.85% of excess over
$323,200
Over $2,155,350 $145,720 plus 8.82% of excess over
$2,155,350
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $17,150 4% OF THE NEW YORK TAXABLE
INCOME
OVER $17,150 BUT NOT OVER $23,600 $686 PLUS 4.5% OF EXCESS OVER
$17,150
OVER $23,600 BUT NOT OVER $27,900 $976 PLUS 5.25% OF EXCESS OVER
$23,600
OVER $27,900 BUT NOT OVER $43,000 $1,202 PLUS 5.9% OF EXCESS OVER
$27,900
OVER $43,000 BUT NOT OVER $161,550 $2,093 PLUS 6.21% OF EXCESS OVER
$43,000
OVER $161,550 BUT NOT OVER $323,200 $9,597 PLUS 6.57% OF EXCESS OVER
$161,550
OVER $323,200 BUT NOT OVER $20,218 PLUS 6.85% OF EXCESS OVER
$2,000,000 $323,200
OVER $2,000,000 BUT NOT OVER $135,079 PLUS 8.98% OF EXCESS
$6,000,000 OVER $2,000,000
OVER $6,000,000 BUT NOT OVER $494,279 PLUS 9.08% OF EXCESS
A. 8956 3
$11,000,000 OVER $6,000,000
OVER $11,000,000 $948,279 PLUS 9.28% OF EXCESS
OVER $11,000,000
(ii) For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
Not over $17,150 4% of the New York taxable
income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $43,000 but not over $161,550 $2,093 plus 6.21% of excess over
$43,000
Over $161,550 but not over $323,200 $9,455 plus 6.49% of excess over
$161,550
Over $323,200 but not over $19,946 plus 6.85% of excess over
$2,155,350 $323,200
Over $2,155,350 $145,448 plus 8.82% of excess over
$2,155,350
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
NOT OVER $17,150 4% OF THE NEW YORK TAXABLE
INCOME
OVER $17,150 BUT NOT OVER $23,600 $686 PLUS 4.5% OF EXCESS OVER
$17,150
OVER $23,600 BUT NOT OVER $27,900 $976 PLUS 5.25% OF EXCESS OVER
$23,600
OVER $27,900 BUT NOT OVER $43,000 $1,202 PLUS 5.9% OF EXCESS OVER
$27,900
OVER $43,000 BUT NOT OVER $161,550 $2,093 PLUS 6.21% OF EXCESS OVER
$43,000
OVER $161,550 BUT NOT OVER $323,200 $9,455 PLUS 6.49% OF EXCESS OVER
$161,550
OVER $323,200 BUT NOT OVER $2,000,000 $19,946 PLUS 6.85% OF EXCESS OVER
$323,200
OVER $2,000,000 BUT NOT OVER $134,807 PLUS 8.98% OF EXCESS
$6,000,000 OVER 2,000,000
OVER $6,000,000 BUT NOT OVER $494,007 PLUS 9.08% OF EXCESS
$11,000,000 OVER $6,000,000
OVER $11,000,000 $948,000 PLUS 9.28% OVER
$11,000,000
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
A. 8956 4
$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550 $2,093 plus 6.09% of excess over
$43,000
Over $161,550 but not over $323,200 $9,313 plus 6.41% of excess over
$161,550
Over $323,200 $19,674 plus 6.85% of excess over
$323,200
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $17,150 4% OF THE NEW YORK TAXABLE INCOME
OVER $17,150 BUT NOT OVER $23,600 $686 PLUS 4.5% OF EXCESS OVER
$17,150
OVER $23,600 BUT NOT OVER $27,900 $976 PLUS 5.25% OF EXCESS OVER
$23,600
OVER $27,900 BUT NOT OVER $43,000 $1,202 PLUS 5.9% OF EXCESS OVER
$27,900
OVER $43,000 BUT NOT OVER $161,550 $2,093 PLUS 6.09% OF EXCESS OVER
$43,000
OVER $161,550 BUT NOT OVER $323,200 $9,313 PLUS 6.41% OF EXCESS OVER
$161,550
OVER $323,200 BUT NOT OVER $19,674 PLUS 6.85% OF EXCESS OVER
$2,000,000 $323,200
OVER $2,000,000 BUT NOT OVER $134,535 PLUS 8.98% OF EXCESS OVER
$6,000,000 $2,000,000
OVER $6,000,000 BUT NOT OVER $493,735 PLUS 9.08% OF EXCESS OVER
$11,000,000 $6,000,000
OVER $11,000,000 $947,735 PLUS 9.28% OF EXCESS OVER
$11,000,000
§ 4. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (b) of section 601 of the tax law, as added by section 2 of
part R of chapter 59 of the laws of 2017, are amended to read as
follows:
(i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.33% of excess over
$32,200
Over $107,650 but not over $269,300 $6,344 plus 6.57% of excess over
$107,650
Over $269,300 but not over $1,616,450 $16,964 plus 6.85% of excess over
$269,300
Over $1,616,450 $109,244 plus 8.82% of excess over
$1,616,450
A. 8956 5
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,800 4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650 $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900 $730 PLUS 5.25% OF EXCESS OVER
$17,650
OVER $20,900 BUT NOT OVER $32,200 $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650 $1,568 PLUS 6.33% OF EXCESS OVER
$32,200
OVER $107,650 BUT NOT OVER $269,300 $6,344 PLUS 6.57% OF EXCESS OVER
$107,650
OVER $269,300 BUT NOT OVER $16,964 PLUS 6.85% OF EXCESS OVER
$1,605,650 $269,300
OVER $1,605,650 BUT NOT OVER $108,504 PLUS 8.98% OF EXCESS OVER
$5,500,000 $1,605,650
OVER $5,500,000 BUT NOT OVER $458,217 PLUS 9.08% OF EXCESS OVER
$10,500,000 $5,500,000
OVER $10,500,000 $912,217 PLUS 9.28% OF EXCESS OVER
$10,500,000
(ii) For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.21% of excess over
$32,200
Over $107,650 but not over $269,300 $6,253 plus 6.49% of excess over
$107,650
Over $269,300 but not over $16,744 plus 6.85% of excess over
$1,616,450 $269,300
Over $1,616,450 $109,024 plus 8.82% of excess over
$1,616,450
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,800 4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650 $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900 $730 PLUS 5.25% OF EXCESS OVER
$17,650
OVER $20,900 BUT NOT OVER $32,200 $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650 $1,568 PLUS 6.21% OF EXCESS OVER
$32,200
OVER $107,650 BUT NOT OVER $269,300 $6,253 PLUS 6.49% OF EXCESS OVER
$107,650
OVER $269,300 BUT NOT OVER $16,744 PLUS 6.85% OF EXCESS OVER
$1,605,650 $269,300
OVER $1,605,650 BUT NOT OVER $108,284 PLUS 8.98% OF EXCESS OVER
A. 8956 6
$5,500,000 $1,605,650
OVER $5,500,000 BUT NOT OVER $457,997 PLUS 9.08% OF EXCESS OVER
$10,500,000 $5,500,000
OVER $10,500,000 $911,997 PLUS 9.28% OF EXCESS OVER
$10,500,000
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.09% of excess over
$32,200
Over $107,650 but not over $269,300 $6,162 plus 6.41% of excess over
$107,650
Over $269,300 $16,524 plus 6.85% of excess over
$269,300
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,800 4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650 $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900 $730 PLUS 5.25% OF EXCESS OVER
$17,650
OVER $20,900 BUT NOT OVER $32,200 $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650 $1,568 PLUS 6.09% OF EXCESS OVER
$32,200
OVER $107,650 BUT NOT OVER $269,300 $6,162 PLUS 6.41% OF EXCESS OVER
$107,650
OVER $269,300 BUT NOT OVER $16,524 PLUS 6.85% OF EXCESS OVER
$1,605,650 $269,300
OVER $1,605,650 BUT NOT OVER $108,064 PLUS 8.98% OF EXCESS
$5,500,000 OVER $1,605,650
OVER $5,500,000 BUT NOT OVER $457,777 PLUS 9.08% OF EXCESS
$10,500,000 OVER $5,500,000
OVER $10,500,000 $911,777 PLUS 9.28% OF EXCESS
OVER $10,500,000
§ 5. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (c) of section 601 of the tax law, as added by section 3 of
part R of chapter 59 of the laws of 2017, are amended to read as
follows:
(i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
A. 8956 7
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.33% of excess over
$21,400
Over $80,650 but not over $215,400 $4,793 plus 6.57% of excess over
$80,650
Over $215,400 but not over $1,077,550 $13,646 plus 6.85% of excess over
$215,400
Over $1,077,550 $72,703 plus 8.82% of excess over
$1,077,550
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,500 4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700 $340 PLUS 4.5% OF EXCESS OVER
$8,500
OVER $11,700 BUT NOT OVER $13,900 $484 PLUS 5.25% OF EXCESS OVER
$11,700
OVER $13,900 BUT NOT OVER $21,400 $600 PLUS 5.9% OF EXCESS OVER
$13,900
OVER $21,400 BUT NOT OVER $80,650 $1,042 PLUS 6.33% OF EXCESS OVER
$21,400
OVER $80,650 BUT NOT OVER $215,400 $4,793 PLUS 6.57% OF EXCESS OVER
$80,650
OVER $215,400 BUT NOT OVER $13,646 PLUS 6.85% OF EXCESS OVER
$1,070,350 $215,400
OVER $1,070,350 BUT NOT OVER $72,210 PLUS 8.98% OF EXCESS OVER
$5,000,000 $1,070,350
OVER $5,000,000 BUT NOT OVER $425,093 PLUS 9.08% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $879,093 PLUS 9.28% OF EXCESS OVER
$10,000,000
(ii) For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.21% of excess over
$21,400
Over $80,650 but not over $215,400 $4,721 plus 6.49% of excess over
$80,650
Over $215,400 but not over $13,467 plus 6.85% of excess over
$1,077,550 $215,400
Over $1,077,550 $72,524 plus 8.82% of excess over
A. 8956 8
$1,077,550
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,500 4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700 $340 PLUS 4.5% OF EXCESS OVER
$8,500
OVER $11,700 BUT NOT OVER $13,900 $484 PLUS 5.25% OF EXCESS OVER
$11,700
OVER $13,900 BUT NOT OVER $21,400 $600 PLUS 5.9% OF EXCESS OVER
$13,900
OVER $21,400 BUT NOT OVER $80,650 $1,042 PLUS 6.21% OF EXCESS OVER
$21,400
OVER $80,650 BUT NOT OVER $215,400 $4,721 PLUS 6.49% OF EXCESS OVER
$80,650
OVER $215,400 BUT NOT OVER $13,467 PLUS 6.85% OF EXCESS OVER
$1,070,350 $215,400
OVER $1,070,350 BUT NOT OVER $72,031 PLUS 8.98% OF EXCESS OVER
5,000,000 $1,070,350
OVER $5,000,000 BUT NOT OVER $424,914 PLUS 9.08% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $878,914 PLUS 9.28% OF EXCESS OVER
$10,000,000
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.09% of excess over
$21,400
Over $80,650 but not over $215,400 $4,650 plus 6.41% of excess over
$80,650
Over $215,400 $13,288 plus 6.85% of excess over
$215,400
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,500 4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700 $340 PLUS 4.5% OF EXCESS OVER
$8,500
OVER $11,700 BUT NOT OVER $13,900 $484 PLUS 5.25% OF EXCESS OVER
$11,700
OVER $13,900 BUT NOT OVER $21,400 $600 PLUS 5.9% OF EXCESS OVER
$13,900
OVER $21,400 BUT NOT OVER $80,650 $1,042 PLUS 6.09% OF EXCESS OVER
A. 8956 9
$21,400
OVER $80,650 BUT NOT OVER $215,400 $4,650 PLUS 6.41% OF EXCESS OVER
$80,650
OVER $215,400 BUT NOT OVER $13,288 PLUS 6.85% OF EXCESS OVER
$1,070,350 $215,400
OVER $1,070,350 BUT NOT OVER $71,852 PLUS 8.98% OF EXCESS OVER
$5,000,000 $1,070,350
OVER $5,000,000 BUT NOT OVER $424,735 PLUS 9.08% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $878,735 PLUS 9.28% OF EXCESS OVER
$10,000,000
§ 6. Section 601 of the tax law is amended by adding a new subsection
(d-2) to read as follows:
(D-2) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE IN METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND
TWENTY-ONE FOR A TAXPAYER RESIDING IN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW WHOSE NEW YORK TAXABLE
INCOME IS OVER $2,000,000 IF THE TAXPAYER IS MARRIED FILING JOINTLY,
OVER $1,605,650 IF THE TAXPAYER IS A HEAD OF HOUSEHOLD, OR OVER
$1,070,350 IF THE TAXPAYER FILES SINGLY, 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 RECAPTURING 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 SUCH 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) AND (C) 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF
THIS SECTION NOT SUBJECT TO THE 8.98 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE
SUM OF TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH
ONE OF SUBSECTION (D-1) OF THIS SECTION. THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER TWO MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS.
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF
THIS SECTION NOT SUBJECT TO THE 9.08 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARA-
GRAPH ONE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFIT
A. 8956 10
IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER SIX MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO
TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.08 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF
THIS SECTION NOT SUBJECT TO THE 9.28 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF PARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE SUM OF
THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH
ONE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 ELEVEN MILLION DOLLARS AND THE DENOMINATOR IS
FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT
APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.28 PERCENT TAX RATE.
(D) 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 SUCH RESIDENT HEADS OF HOUSEHOLDS, THE SUPPLEMENTAL TAX SHALL
BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS DESCRIBED IN
SUBPARAGRAPHS (A), (B) AND (C) 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 8.98 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION. THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER ONE MILLION SIX HUNDRED FIVE THOUSAND SIX HUNDRED
FIFTY 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 9.08 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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
A. 8956 11
DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE
YEAR OVER FIVE MILLION FIVE 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 9.08 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 9.28 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 TEN MILLION FIVE HUNDRED THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(D) 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 SUCH RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVID-
UALS FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS, THE
SUPPLEMENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE
BENEFITS DESCRIBED IN SUBPARAGRAPHS (A), (B) AND (C) 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 8.98 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) 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 MILLION SEVENTY THOUSAND THREE HUNDRED
FIFTY 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 9.08 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 FIVE MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
A. 8956 12
DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAY-
ERS WHO ARE NOT SUBJECT TO THE 9.08 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 9.28 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 TEN MILLION DOLLARS AND THE DENOMINATOR IS
FIFTY THOUSAND DOLLARS.
(D) 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.
§ 7. Notwithstanding any provision of law to the contrary, and in
accordance with section 4 of the state finance law, the comptroller is
hereby authorized and directed to transfer on April 1, 2018, April 1,
2019 and April 1, 2020, $2,072,000,000 from the general fund to the MTA
financial assistance fund, mobility tax trust account.
§ 8. This act shall take effect immediately; provided that sections
one, two, and seven of this act shall expire and be deemed repealed
January 1, 2021.
A8956A (ACTIVE) - Details
- See Senate Version of this Bill:
- S6830
- Current Committee:
- Assembly Corporations, Authorities And Commissions
- Law Section:
- Public Authorities Law
- Laws Affected:
- Amd §§1205 & 2799-hh, add §1270-i, Pub Auth L; add §1304-E, amd §§1310 & 1313, Tax L; add §11-1704.2, amd §11-1706, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2019-2020: A2743, S3246
2021-2022: A4434, S1194
2023-2024: A4474, S602
A8956A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8956--A
I N A S S E M B L Y
January 9, 2018
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public authorities law, the tax law and the adminis-
trative code of the city of New York, in relation to authorizing and
imposing a tax surcharge on the personal income of certain high-income
residents of such city in order to fund transit infrastructure
improvements and reduced fares for low-income residents of such city
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1205 of the public authorities law is amended by
adding a new subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY AND ANY
OF ITS SUBSIDIARY CORPORATIONS SHALL ESTABLISH AND IMPLEMENT A HALF-FARE
RATE PROGRAM FOR LOW-INCOME RESIDENTS OF THE CITY WHO ARE EIGHTEEN YEARS
OF AGE OR OLDER AND YOUNGER THAN SIXTY-FIVE YEARS OF AGE. FOR PURPOSES
OF THIS SUBDIVISION, THE TERM "LOW-INCOME" SHALL MEAN AN ANNUAL INCOME
THAT IS BELOW THE FEDERAL POVERTY LINE AS DETERMINED BY THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO SUBDIVISION 2
OF SECTION 9902 OF TITLE 42 OF THE UNITED STATES CODE. THE HALF-FARE
RATE PROGRAM ESTABLISHED AND IMPLEMENTED PURSUANT TO THIS SUBDIVISION
SHALL INCLUDE SUBWAY AND BUS SERVICE, EXCLUSIVE OF EXPRESS BUS SERVICE
DURING PEAK HOURS. SUCH HALF-RATE PROGRAM SHALL NOT BE MADE AVAILABLE TO
SUCH LOW-INCOME RESIDENTS OF THE CITY EIGHTEEN YEARS OF AGE OR OLDER AND
YOUNGER THAN SIXTY-FIVE YEARS OF AGE WHO ARE ELIGIBLE FOR THE HALF-FARE
RATE PROGRAMS AVAILABLE TO SENIORS AND PEOPLE WITH DISABILITIES PURSUANT
TO SUBDIVISION TWO OR EIGHT OF THIS SECTION. UPON THE WRITTEN REQUEST OF
THE MAYOR AND IN ACCORDANCE WITH SUCH REQUEST, THE AUTHORITY OR ITS
SUBSIDIARY CORPORATIONS SHALL DELEGATE AUTHORITY TO THE CITY TO ASSIST
WITH THE ADMINISTRATION OF SUCH HALF-FARE RATE PROGRAM, INCLUDING THE
ELIGIBILITY OF APPLICANTS.
§ 2. The public authorities law is amended by adding a new section
1270-i to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13277-11-8
A. 8956--A 2
§ 1270-I. NEW YORK CITY DEDICATED PERSONAL INCOME TAX SURCHARGE FUND.
1. THE AUTHORITY SHALL ESTABLISH A FUND TO BE KNOWN AS THE "NEW YORK
CITY DEDICATED PERSONAL INCOME TAX SURCHARGE FUND" WHICH SHALL BE KEPT
SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE
AUTHORITY. THE FUND SHALL CONSIST OF A "TRANSIT INFRASTRUCTURE IMPROVE-
MENT ACCOUNT" AND A "LOW-INCOME RESIDENT REDUCED FARE ACCOUNT."
2. THERE SHALL BE DEPOSITED INTO THE NEW YORK CITY DEDICATED PERSONAL
INCOME TAX SURCHARGE FUND THE MONEYS TRANSFERRED TO THE METROPOLITAN
TRANSPORTATION AUTHORITY FROM THE NEW YORK CITY TRANSITIONAL FINANCE
AUTHORITY PURSUANT TO SUBSECTION (E) OF SECTION THIRTEEN HUNDRED FOUR-E
OF THE TAX LAW, AND ANY OTHER PROVISION OF LAW DIRECTING OR PERMITTING
THE DEPOSIT OF MONEYS IN SUCH FUND, TO BE USED EXCLUSIVELY FOR THE
FINANCING OF TRANSIT INFRASTRUCTURE IMPROVEMENTS AND REDUCED FARES FOR
LOW-INCOME RESIDENTS OF THE CITY OF NEW YORK.
3. MONEYS IN THE TRANSIT INFRASTRUCTURE IMPROVEMENT ACCOUNT (A) SHALL
BE USED TO FUND CAPITAL PROJECTS THAT SATISFY THE FOLLOWING CRITERIA:
(I) DEFINED AS STATE OF GOOD REPAIR, NORMAL REPLACEMENT, OR AN AMERICANS
WITH DISABILITIES ACT RELATED SYSTEM IMPROVEMENT WITHIN THE CAPITAL
PROGRAM OF THE AUTHORITY; AND (II) INCLUDED IN ANY OF THE FOLLOWING
CATEGORIES WITHIN THE CAPITAL PROGRAM OF THE AUTHORITY: NEW YORK CITY
TRANSIT AUTHORITY BUSES, SUBWAY CARS, TRACK, LINE EQUIPMENT, LINE STRUC-
TURES, SIGNALS AND COMMUNICATIONS, TRACTION POWER, SHOPS AND YARDS,
DEPOTS, SERVICE VEHICLES, PASSENGER STATION PROJECTS, AS NEEDED TO
COMPLY WITH THE AMERICANS WITH DISABILITIES ACT, STATEN ISLAND RAILWAY
AND AUTHORITY BUS COMPANY PROJECTS; AND (B) MAY BE (I) PLEDGED BY THE
AUTHORITY AS SECURITY FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS
ISSUED AFTER JULY FIRST, TWO THOUSAND EIGHTEEN TO FINANCE CAPITAL
PROJECTS THAT MEET THE CRITERIA IDENTIFIED IN PARAGRAPH (A) OF THIS
SUBDIVISION, INCLUDING BONDS ISSUED TO REFUND SUCH BONDS AND (II) USED
FOR PAYMENT OF PRINCIPAL AND INTEREST ON SUCH BONDS, FUNDING OF RESERVES
REQUIRED IN CONNECTION WITH SUCH BONDS, AND THE PAYMENT OF COSTS OF
ISSUANCE RELATED TO SUCH BONDS. TO THE EXTENT MONEYS IN THE TRANSIT
INFRASTRUCTURE IMPROVEMENT ACCOUNT HAVE BEEN PLEDGED BY THE AUTHORITY TO
SECURE THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS AS HEREIN
PROVIDED, MONEYS DEPOSITED INTO THE NEW YORK CITY DEDICATED PERSONAL
INCOME TAX SURCHARGE FUND SHALL FIRST BE DEPOSITED INTO THE TRANSIT
INFRASTRUCTURE ACCOUNT TO THE EXTENT NECESSARY TO MAKE PAYMENTS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. AFTER MAKING SUCH PAYMENTS, MONEYS
DEPOSITED IN THE TRANSIT INFRASTRUCTURE IMPROVEMENT ACCOUNT SHALL BE
USED TO FUND PROJECTS THAT MEET THE CRITERIA IDENTIFIED IN PARAGRAPH (A)
OF THIS SUBDIVISION.
4. THE STATE DOES HEREBY PLEDGE AND AGREE WITH THE HOLDERS OF ANY
ISSUE OF BONDS SECURED BY PLEDGE DESCRIBED IN PARAGRAPH (B) OF SUBDIVI-
SION THREE OF THIS SECTION THAT THE STATE WILL NOT LIMIT OR ALTER THE
RIGHTS HEREBY VESTED IN THE METROPOLITAN TRANSPORTATION AUTHORITY TO
FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH BONDHOLDERS PURSUANT TO
THIS TITLE, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS
OR THE SECURITY FOR SUCH BONDS UNTIL SUCH BONDS ARE FULLY PAID AND
DISCHARGED. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO
RESTRICT THE RIGHT OF THE STATE TO AMEND, MODIFY, REPEAL OR OTHERWISE
ALTER STATUTES IMPOSING OR RELATING TO THE TAXES PAYABLE TO THE NEW YORK
CITY TRANSITIONAL FINANCE AUTHORITY PURSUANT TO SECTION THIRTEEN HUNDRED
THIRTEEN OF THE TAX LAW, BUT SUCH TAXES SHALL IN ALL EVENTS CONTINUE TO
BE SO PAYABLE SO LONG AS ANY SUCH TAXES ARE IMPOSED. NOTHING IN THIS
SECTION SHALL BE DEEMED TO OBLIGATE THE STATE TO MAKE ANY ADDITIONAL
A. 8956--A 3
PAYMENTS OR IMPOSE ANY TAXES TO SATISFY THE DEBT SERVICE OBLIGATIONS OF
THE METROPOLITAN TRANSPORTATION AUTHORITY.
5. MONEYS IN THE LOW-INCOME RESIDENT REDUCED FARE ACCOUNT SHALL BE
USED TO FUND THE HALF-FARE RATE PROGRAM FOR LOW-INCOME RESIDENTS OF THE
CITY OF NEW YORK PURSUANT TO SUBDIVISION NINE OF SECTION TWELVE HUNDRED
FIVE OF THIS ARTICLE AND MAY BE USED FOR PAYMENT OF THE REASONABLE OPER-
ATING COSTS INCURRED BY THE NEW YORK CITY TRANSIT AUTHORITY FOR THE
ADMINISTRATION OF THE HALF-FARE RATE PROGRAM, PROVIDED THAT NO MORE THAN
ONE PERCENT OF THE MONEYS DEPOSITED INTO THE LOW-INCOME RESIDENT REDUCED
FARE ACCOUNT PURSUANT TO SUBDIVISION SIX OF THIS SECTION SHALL BE USED
FOR SUCH COSTS.
6. THE MONEYS DEPOSITED INTO THE FUND FROM THE NEW YORK CITY TRANSI-
TIONAL FINANCE AUTHORITY SHALL BE EQUALLY DIVIDED BETWEEN THE TRANSIT
INFRASTRUCTURE IMPROVEMENT ACCOUNT AND THE LOW-INCOME RESIDENT REDUCED
FARE ACCOUNT.
7. TWICE EACH CALENDAR YEAR, THE MAYOR OF THE CITY OF NEW YORK SHALL
CONDUCT A REVIEW OF THE AMOUNT OF MONEYS DEPOSITED IN EACH OF THE TWO
ACCOUNTS. TO THE EXTENT SUCH REVIEW INDICATES THAT:
A. THE MONEYS IN THE TRANSIT INFRASTRUCTURE IMPROVEMENT ACCOUNT ARE
SUFFICIENT TO SATISFY THE REQUIREMENTS OF ANY DEBT SERVICE INCURRED IN
SUCH CALENDAR YEAR AS A RESULT OF OBLIGATIONS ISSUED AND SECURED PURSU-
ANT TO PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION, AND THE MONEYS
IN THE LOW-INCOME RESIDENT REDUCED FARE ACCOUNT ARE INSUFFICIENT TO
SATISFY THE TOTAL NEEDS OF THE LOW-INCOME RESIDENT REDUCED FARE PROGRAM
ESTABLISHED PURSUANT TO SUBDIVISION NINE OF SECTION TWELVE HUNDRED FIVE
OF THIS ARTICLE, THE MAYOR OF THE CITY OF NEW YORK, OR SUCH MAYOR'S
DESIGNEE, MAY DIRECT THE METROPOLITAN TRANSPORTATION AUTHORITY TO TRANS-
FER A SPECIFIED AMOUNT OF MONEYS FROM THE TRANSIT INFRASTRUCTURE
IMPROVEMENT ACCOUNT TO THE LOW-INCOME RESIDENT REDUCED FARE ACCOUNT; AND
B. THE MONEYS IN THE LOW-INCOME RESIDENT REDUCED FARE ACCOUNT ARE
SUFFICIENT TO SATISFY THE NEEDS OF THE HALF-FARE RATE PROGRAM FOR LOW-
INCOME RESIDENTS OF THE CITY OF NEW YORK ESTABLISHED PURSUANT TO SUBDI-
VISION NINE OF SECTION TWELVE HUNDRED FIVE OF THIS ARTICLE, IN SUCH
CALENDAR YEAR, THE MAYOR OF THE CITY OF NEW YORK, OR SUCH MAYOR'S DESIG-
NEE, MAY DIRECT THE METROPOLITAN TRANSPORTATION AUTHORITY TO TRANSFER A
SPECIFIED AMOUNT OF MONEYS FROM THE LOW-INCOME RESIDENT REDUCED FARE
ACCOUNT TO THE TRANSIT INFRASTRUCTURE IMPROVEMENT ACCOUNT.
§ 3. Subdivision 5 of section 2799-hh of the public authorities law,
as added by chapter 16 of the laws of 1997, is amended to read as
follows:
5. Tax revenues received by the authority pursuant to section thirteen
hundred thirteen of the tax law, together with any alternative revenues
received by the authority, shall be applied in the following order of
priority: first pursuant to the authority's contracts with bondholders,
then to pay the authority's operating expenses not otherwise provided
for, THEN TO A DEDICATED PERSONAL INCOME TAX SURCHARGE FUND PURSUANT TO
SUBSECTION (D) OF SECTION THIRTEEN HUNDRED FOUR-E OF THE TAX LAW IN THE
AMOUNT PROVIDED FOR IN SUCH SECTION, and then pursuant to the authori-
ty's agreements with the city, which agreements shall require the
authority to transfer the balance of such taxes not required to meet
contractual or other obligations of the authority to the city as
frequently as practicable.
§ 4. The tax law is amended by adding a new section 1304-E to read as
follows:
§ 1304-E. TAX SURCHARGE FOR TRANSIT INFRASTRUCTURE IMPROVEMENTS AND
REDUCED FARES FOR LOW-INCOME RESIDENTS OF THE CITY OF NEW YORK. (A) IN
A. 8956--A 4
ADDITION TO THE TAXES AUTHORIZED BY SUBSECTION (A) OF SECTION THIRTEEN
HUNDRED ONE OF THIS ARTICLE, ANY CITY IMPOSING SUCH TAXES IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY
SUCH CITY FOR EACH TAXABLE YEAR BEGINNING AFTER TWO THOUSAND SEVENTEEN,
A TAX SURCHARGE ON THE CITY TAXABLE INCOME OF CERTAIN CITY RESIDENT
INDIVIDUALS, ESTATES AND TRUSTS.
(B) A TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION
SHALL BE DETERMINED AS FOLLOWS:
(1) RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES. THE TAX SURCHARGE UNDER THIS SECTION ON THE CITY
TAXABLE INCOME OF CERTAIN CITY RESIDENT MARRIED INDIVIDUALS WHO MAKE A
SINGLE RETURN JOINTLY WITH HIS OR HER SPOUSE UNDER SUBSECTION (B) OF
SECTION THIRTEEN HUNDRED SIX OF THIS ARTICLE AND ON THE CITY TAXABLE
INCOME OF CERTAIN CITY RESIDENT SURVIVING SPOUSES SHALL BE DETERMINED IN
ACCORDANCE WITH THE FOLLOWING TABLE:
FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX SURCHARGE IS:
OVER $1,000,000 .534% OF EXCESS OVER $1,000,000
(2) RESIDENT HEADS OF HOUSEHOLDS. THE TAX SURCHARGE UNDER THIS SECTION
ON THE CITY TAXABLE INCOME OF CERTAIN CITY RESIDENT HEADS OF HOUSEHOLDS
SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING TABLE:
FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX SURCHARGE IS:
OVER $750,000 .534% OF EXCESS OVER $750,000
(3) RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS. THE TAX
SURCHARGE UNDER THIS SECTION ON THE CITY TAXABLE INCOME OF CERTAIN CITY
RESIDENT INDIVIDUALS WHO ARE NOT CITY RESIDENT MARRIED INDIVIDUALS WHO
MAKE A SINGLE RETURN JOINTLY WITH HIS OR HER SPOUSE UNDER SUBSECTION (B)
OF SECTION THIRTEEN HUNDRED SIX OF THIS ARTICLE OR CITY RESIDENT HEADS
OF HOUSEHOLDS OR CITY RESIDENT SURVIVING SPOUSES, AND ON THE CITY TAXA-
BLE INCOME OF CERTAIN CITY RESIDENT ESTATES AND TRUSTS SHALL BE DETER-
MINED IN ACCORDANCE WITH THE FOLLOWING TABLE:
FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX SURCHARGE IS:
OVER $500,000 .534% OF EXCESS OVER $500,000
(C) A TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION
SHALL BE ADMINISTERED AND COLLECTED IN THE SAME MANNER AS THE TAXES
IMPOSED PURSUANT TO THE AUTHORITY OF THIS ARTICLE, AND ALL OF THE
PROVISIONS OF THIS ARTICLE, INCLUDING SECTION THIRTEEN HUNDRED TEN,
SHALL APPLY TO THE TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF
THIS SECTION.
(D) SUBJECT TO THE PRIORITY OF PAYMENTS IDENTIFIED IN SECTION TWENTY-
SEVEN HUNDRED NINETY-NINE-HH OF THE PUBLIC AUTHORITIES LAW, THE NEW YORK
CITY TRANSITIONAL FINANCE AUTHORITY SHALL TRANSFER TO THE METROPOLITAN
TRANSPORTATION AUTHORITY THE AMOUNT ESTIMATED BY THE MAYOR OF THE CITY
OF NEW YORK TO BE THE AMOUNT RECEIVED BY THE NEW YORK CITY TRANSITIONAL
FINANCE AUTHORITY FROM THE TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHOR-
ITY OF THIS SECTION, UP TO THE TOTAL AMOUNT AVAILABLE AFTER DEDUCTING
FROM REVENUES RECEIVED BY THE NEW YORK CITY TRANSITIONAL FINANCE AUTHOR-
ITY PURSUANT TO THIS SECTION AND SUBSECTION (C) OF SECTION THIRTEEN
HUNDRED THIRTEEN OF THIS ARTICLE AMOUNTS TO BE PAID PURSUANT TO THE NEW
YORK CITY TRANSITIONAL FINANCE AUTHORITY'S CONTRACTS WITH BONDHOLDERS
AND THE NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY'S OPERATING
EXPENSES NOT OTHERWISE PROVIDED FOR. AFTER THE MAYOR OF THE CITY OF NEW
YORK HAS RECEIVED DATA FROM THE DEPARTMENT ALLOWING SUCH MAYOR TO DETER-
A. 8956--A 5
MINE THE ACTUAL AMOUNT OF REVENUES RECEIVED BY THE NEW YORK CITY TRANSI-
TIONAL FINANCE AUTHORITY THAT ARE ATTRIBUTABLE TO THE TAX SURCHARGE
IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION, SUCH MAYOR SHALL
INFORM THE NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY OF SUCH ACTUAL
AMOUNT, MINUS ANY ACTUAL OPERATING COSTS ASSUMED BY THE CITY OF NEW YORK
ATTRIBUTABLE TO THE HALF-FARE RATE PROGRAM PURSUANT TO SUBDIVISION NINE
OF SECTION TWELVE HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, AND THE
NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY SHALL ADJUST THE NEXT
PAYMENT TO BE MADE TO THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT
TO THIS SECTION TO REFLECT ANY DIFFERENCE BETWEEN SUCH ACTUAL AMOUNT
MINUS SUCH OPERATING COSTS AND THE ESTIMATE PREVIOUSLY PROVIDED BY SUCH
MAYOR.
(E) ANY REVENUES TRANSFERRED TO THE METROPOLITAN TRANSPORTATION
AUTHORITY PURSUANT TO SUBSECTION (D) OF THIS SECTION SHALL BE PAID INTO
A DEDICATED PERSONAL INCOME TAX SURCHARGE FUND TO BE USED EXCLUSIVELY
FOR THE FINANCING OF TRANSIT INFRASTRUCTURE IMPROVEMENTS AND REDUCED
FARES FOR LOW-INCOME RESIDENTS OF THE CITY OF NEW YORK IN ACCORDANCE
WITH THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-I OF THE PUBLIC
AUTHORITIES LAW. SUCH REVENUES SHALL ONLY SUPPLEMENT AND SHALL NOT
SUPPLANT ANY FEDERAL, STATE, OR LOCAL FUNDS EXPENDED BY THE METROPOLITAN
TRANSPORTATION AUTHORITY FOR NEW YORK CITY TRANSIT AUTHORITY, THE METRO-
POLITAN TRANSPORTATION AUTHORITY BUS COMPANY OR STATEN ISLAND RAPID
TRANSIT OPERATING AUTHORITY PROJECTS, AND SHALL NOT AFFECT ANY PAYMENT
BY THE CITY OF NEW YORK PURSUANT TO AGREEMENTS RELATING TO THE METROPOL-
ITAN TRANSPORTATION AUTHORITY BUS COMPANY AND STATEN ISLAND RAPID TRANS-
IT OPERATING AUTHORITY.
§ 5. Paragraphs 1 and 2 of subsection (e) of section 1310 of the tax
law, as added by chapter 481 of the laws of 1997, are amended to read as
follows:
(1) Notwithstanding any other provision of law to the contrary, any
city imposing a tax under this article is hereby authorized and
empowered to adopt and amend local laws for any taxable year beginning
after nineteen hundred ninety-seven, as specified in such local laws,
providing for a credit as provided in paragraph two of this subsection
against the taxes imposed pursuant to the authority granted by section
thirteen hundred one of this article on the city taxable income deter-
mined pursuant to sections thirteen hundred four, thirteen hundred
four-A [and], thirteen hundred four-B AND THIRTEEN HUNDRED FOUR-E of
this article and on the ordinary income portion of a lump sum distrib-
ution determined pursuant to section thirteen hundred one-B of this
article, to any city resident individual, estate or trust whose city
adjusted gross income includes income, gain, loss or deductions from one
or more unincorporated businesses conducted by such city resident indi-
vidual, estate or trust on which a tax is imposed by chapter five of
title eleven of the administrative code of the city of New York, or a
distributive share of income, gain, loss and deductions of, or guaran-
teed payments from, one or more partnerships on which a tax is imposed
by such chapter. Any such local laws may contain provisions to ensure
that such credit shall not reduce the tax paid by a city resident below
that which would be paid by such city resident if such city resident
were a city nonresident.
(2) (A) Subject to the limitation set forth in subparagraph (B) of
this paragraph, the credit allowed to a taxpayer for a taxable year
shall be equal to all or a portion of the amount determined in paragraph
three of this subsection, provided, however, such portion shall not be
less than:
A. 8956--A 6
(i) If the city taxable income is forty-two thousand dollars or less,
sixty-five percent of the amount determined in paragraph three of this
subsection.
(ii) If the city taxable income is greater than forty-two thousand
dollars but not greater than one hundred forty-two thousand dollars, a
percentage of the amount determined in paragraph three of this
subsection to be determined by subtracting from sixty-five percent, one
tenth of a percentage point (.001) for every increment of two hundred
dollars, or fractional part thereof, of city taxable income in excess of
forty-two thousand dollars.
(iii) If the city taxable income is greater than one hundred forty-two
thousand dollars, fifteen percent of the amount determined in paragraph
three of this subsection.
(B) Notwithstanding anything to the contrary in subparagraph (A) of
this paragraph, the credit allowed to a taxpayer for a taxable year
under this subsection shall not exceed the sum of the taxes that would
otherwise be imposed on such taxpayer for such taxable year pursuant to
the authority granted by section thirteen hundred one of this article on
the city taxable income determined pursuant to sections thirteen hundred
four, thirteen hundred four-A [and], thirteen hundred four-B AND THIR-
TEEN HUNDRED FOUR-E of this article and on the ordinary income portion
of a lump sum distribution determined pursuant to section thirteen
hundred one-B of this article, reduced by the credits allowed to such
taxpayer pursuant to subsections (a), (c) and (d) of this section.
§ 6. The opening paragraph of subsection (c) of section 1313 of the
tax law, as amended by section 8 of part C of chapter 58 of the laws of
2005, is amended to read as follows:
Subject to the provisions of subsection (g) of this section, the comp-
troller, after reserving such refund fund and such costs shall, commenc-
ing on or before the fifteenth day of each month, pay to the New York
city transitional finance authority on a daily basis the balance of
taxes imposed pursuant to the authority of this article or former arti-
cle two-E of the general city law to be applied by the authority, in the
following order of priority: first pursuant to the authority's contracts
with bondholders, then to pay the authority's operating expenses not
otherwise provided for, THEN TO A DEDICATED PERSONAL INCOME TAX
SURCHARGE FUND PURSUANT TO SUBSECTION (D) OF SECTION THIRTEEN HUNDRED
FOUR-E OF THIS ARTICLE and then pursuant to the authority's agreements
with the city, which agreements shall require the authority to transfer
the balance of such taxes not required to meet contractual or other
obligations of the authority to the city as frequently as practicable;
except that the comptroller shall:
§ 7. The administrative code of the city of New York is amended by
adding a new section 11-1704.2 to read as follows:
§ 11-1704.2 TAX SURCHARGE FOR TRANSIT INFRASTRUCTURE IMPROVEMENTS AND
REDUCED FARES FOR LOW-INCOME RESIDENTS OF THE CITY. (A) IN ADDITION TO
THE TAXES IMPOSED BY SECTIONS 11-1701, 11-1703, 11-1704 AND 11-1704.1 OF
THIS SUBCHAPTER, THERE IS HEREBY IMPOSED FOR EACH TAXABLE YEAR BEGINNING
AFTER TWO THOUSAND SEVENTEEN, A TAX SURCHARGE ON THE CITY TAXABLE INCOME
OF CERTAIN CITY RESIDENT INDIVIDUALS, ESTATES AND TRUSTS.
(B) THE TAX SURCHARGE IMPOSED PURSUANT TO THIS SECTION SHALL BE DETER-
MINED AS FOLLOWS:
(1) RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES. THE TAX SURCHARGE UNDER THIS SECTION ON THE CITY
TAXABLE INCOME OF CERTAIN CITY RESIDENT MARRIED INDIVIDUALS WHO MAKE A
SINGLE RETURN JOINTLY WITH HIS OR HER SPOUSE UNDER SUBDIVISION (B) OF
A. 8956--A 7
SECTION 11-1751 OF THIS CHAPTER AND ON THE CITY TAXABLE INCOME OF
CERTAIN CITY RESIDENT SURVIVING SPOUSES SHALL BE DETERMINED IN ACCORD-
ANCE WITH THE FOLLOWING TABLE:
FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX SURCHARGE IS:
OVER $1,000,000 .534% OF EXCESS OVER $1,000,000
(2) RESIDENT HEADS OF HOUSEHOLDS. THE TAX SURCHARGE UNDER THIS SECTION
ON THE CITY TAXABLE INCOME OF CERTAIN CITY RESIDENT HEADS OF HOUSEHOLDS
SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING TABLE:
FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX SURCHARGE IS:
OVER $750,000 .534% OF EXCESS OVER $750,000
(3) RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS. THE TAX
SURCHARGE UNDER THIS SECTION ON THE CITY TAXABLE INCOME OF CERTAIN CITY
RESIDENT INDIVIDUALS WHO ARE NOT CITY RESIDENT MARRIED INDIVIDUALS WHO
MAKE A SINGLE RETURN JOINTLY WITH HIS OR HER SPOUSE UNDER SUBDIVISION
(B) OF SECTION 11-1751 OF THIS CHAPTER OR CITY RESIDENT HEADS OF HOUSE-
HOLDS OR CITY RESIDENT SURVIVING SPOUSES, AND ON THE CITY TAXABLE INCOME
OF CERTAIN CITY RESIDENT ESTATES AND TRUSTS SHALL BE DETERMINED IN
ACCORDANCE WITH THE FOLLOWING TABLE:
FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX SURCHARGE IS:
OVER $500,000 .534% OF EXCESS OVER $500,000
(C) THE TAX SURCHARGE IMPOSED PURSUANT TO THIS SECTION SHALL BE ADMIN-
ISTERED AND COLLECTED IN THE SAME MANNER AS THE TAXES IMPOSED PURSUANT
TO SECTIONS 11-1701, 11-1703, 11-1704 AND 11-1704.1, AND SHALL BE
DISTRIBUTED IN ACCORDANCE WITH SUBSECTION (D) OF SECTION 1304-E OF THE
TAX LAW, AND ALL OF THE PROVISIONS OF THIS CHAPTER, INCLUDING SECTION
11-1706 OF THIS SUBCHAPTER, AND SECTIONS 11-1721 AND 11-1773 OF THIS
CHAPTER, SHALL APPLY TO THE TAX SURCHARGE IMPOSED PURSUANT TO THIS
SECTION.
§ 8. Paragraphs 1 and 2 of subdivision (c) of section 11-1706 of the
administrative code of the city of New York, as added by chapter 481 of
the laws of 1997, subparagraph (A) of paragraph 2 as amended by local
law number 35 of the city of New York for the year 2007, are amended to
read as follows:
(1) A city resident individual, estate or trust whose city adjusted
gross income includes income, gain, loss or deductions from one or more
unincorporated businesses conducted by such city resident individual,
estate or trust that are subject to the tax imposed by chapter five of
this title, or a distributive share of income, gain, loss and deductions
of, or guaranteed payments from, one or more partnerships that are
subject to the tax imposed by such chapter, shall be allowed a credit as
provided in paragraph two of this subdivision against the tax otherwise
due under sections 11-1701, 11-1703, 11-1704 [and], 11-1704.1 AND
11-1704.2 of this [chapter] SUBCHAPTER.
(2) (A) Subject to the limitation set forth in subparagraph (B) of
this paragraph, the credit allowed to a taxpayer for a taxable year
under this subdivision shall be determined as follows:
(i) For taxable years beginning on or after January first, nineteen
hundred ninety-seven and before January first, two thousand seven:
(I) If the city taxable income is forty-two thousand dollars or less,
the credit shall be sixty-five percent of the amount determined in para-
graph three of this subdivision.
A. 8956--A 8
(II) If the city taxable income is greater than forty-two thousand
dollars but not greater than one hundred forty-two thousand dollars, the
amount of the credit shall be a percentage of the amount determined in
paragraph three of this subdivision, such percentage to be determined by
subtracting from sixty-five percent, one-tenth of a percentage point
(.001) for every increment of two hundred dollars, or fractional part
thereof, of city taxable income in excess of forty-two thousand dollars.
(III) If the city taxable income is greater than one hundred forty-two
thousand dollars, the credit shall be fifteen percent of the amount
determined in paragraph three of this subdivision.
(ii) For taxable years beginning on or after January first, two thou-
sand seven:
(I) If the city taxable income is forty-two thousand dollars or less,
the credit shall be one hundred percent of the amount determined in
paragraph three of this subdivision.
(II) If the city taxable income is greater than forty-two thousand
dollars but less than one hundred forty-two thousand dollars, the amount
of the credit shall be a percentage of the amount determined in para-
graph three of this subdivision, such percentage to be determined by
subtracting from one hundred percent, a percentage determined by
subtracting forty-two thousand dollars from city taxable income, divid-
ing the result by one hundred thousand dollars and multiplying by seven-
ty-seven percent.
(III) If the city taxable income is one hundred forty-two thousand
dollars or greater, the credit shall be twenty-three percent of the
amount determined in paragraph three of this subdivision.
(B) Notwithstanding anything to the contrary in subparagraph (A) of
this paragraph, the credit allowed to a taxpayer for a taxable year
under this subdivision shall not exceed the sum of the taxes that would
otherwise be imposed by sections 11-1701, 11-1703, 11-1704 [and],
11-1704.1 AND 11-1704.2 of this [chapter] SUBCHAPTER on such taxpayer
for such taxable year after the allowance of any other credits allowed
by this section or section 11-1721 of this chapter.
§ 9. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2018;
provided that subdivision 9 of section 1205 of the public authorities
law, as added by section one of this act, shall take effect January 1,
2019.