Senate Bill S5033A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5033--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government -- recom-
   mitted to the Committee on Local Government in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the real property tax law and the tax law,  in  relation
   to the school tax relief (STAR) credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 425 of the real property  tax  law  is  amended  by
 adding a new subdivision 17 to read as follows:
   17. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
 THE CONTRARY IF A QUALIFIED TAXPAYER HAS NOT RECEIVED AN ADVANCE PAYMENT
 OF  CREDIT  PURSUANT  TO SUBPARAGRAPH (B) OF PARAGRAPH TEN OF SUBSECTION
 (EEE) OF SECTION SIX HUNDRED SIX OF THE TAX LAW BY DECEMBER THIRTY-FIRST
 SUCH TAXPAYER SHALL BE AUTHORIZED TO  APPLY  FOR  A  SCHOOL  TAX  RELIEF
 EXEMPTION PURSUANT TO THIS SECTION. SUCH TAXPAYER SHALL HAVE THIRTY DAYS
 FROM  THE  LAST  DAY OF THE PRIOR TAXABLE YEAR OR THE APPLICABLE TAXABLE
 STATUS DATE TO APPLY FOR THE EXEMPTION,  WHICHEVER  IS  LATER;  PROVIDED
 HOWEVER THAT FOR THE TWO THOUSAND SEVENTEEN TAX YEAR SUCH TAXPAYER SHALL
 HAVE THIRTY DAYS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  2.  The  opening  paragraph  of subparagraph (B) of paragraph 10 of
 subsection (eee) of section 606 of the tax law, as amended by section  2
 of  part  TT  of  chapter  59 of the laws of 2017, is amended to read as
 follows:
   On or before the date specified below, [or as soon thereafter as prac-
 ticable,] the commissioner shall determine the eligibility 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10266-03-8

 S. 5033--A                          2
 
 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 paragraph three, four or six of this
 subsection, whichever is applicable. Such payment shall be issued by the
 date  specified below, or as soon thereafter as is practicable; provided
 that if such payment is issued after such date, it shall be  subject  to
 interest  at the rate prescribed by subparagraph (A) of paragraph two of
 subsection (j) of section six  hundred  ninety-seven  of  this  article.
 Nothing  contained  herein  shall be deemed to preclude the commissioner
 from issuing payments after  such  date  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.
   § 3. This act shall take effect immediately.