S T A T E O F N E W Y O R K
________________________________________________________________________
7210--A
I N S E N A T E
January 3, 2018
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law and the administrative code of the city of
New York, in relation to implementing a state and local taxes credit
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 AND LOCAL TAXES CREDIT. (1) ALLOWANCE OF CREDIT. FOR TAXABLE
YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND
BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, A RESIDENT TAXPAYER WHO
ITEMIZED HIS OR HER DEDUCTIONS ON HIS OR HER FEDERAL INCOME TAX RETURN
SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN PARAGRAPH THREE
OF THIS SUBSECTION, AGAINST THE TAX AUTHORIZED BY THIS ARTICLE FOR THE
TAXABLE YEAR REDUCED BY THE CREDITS 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 COMMISSIONER, SHALL PAY AS
AN OVERPAYMENT, WITHOUT INTEREST, THE AMOUNT OF SUCH EXCESS.
(2) ALLOWABLE TAXES. THE TERM "ALLOWABLE STATE AND LOCAL TAXES" SHALL
MEAN THE TAXES IMPOSED BY A POLITICAL SUBDIVISION OF THIS STATE THAT
WOULD HAVE BEEN DEDUCTIBLE PURSUANT TO PARAGRAPHS ONE AND THREE OF
SUBSECTION (A) OF SECTION ONE HUNDRED SIXTY-FOUR OF THE INTERNAL REVENUE
CODE FOR TAXABLE YEARS ENDING BEFORE JANUARY FIRST, TWO THOUSAND EIGH-
TEEN LESS THE LIMITATION IMPOSED BY PARAGRAPH SIX OF SUBSECTION (A) OF
SECTION ONE HUNDRED SIXTY-FOUR OF THE INTERNAL REVENUE CODE.
(3) COMPUTATION OF CREDIT. THE AMOUNT OF CREDIT ALLOWABLE PURSUANT TO
THIS SUBSECTION SHALL EQUAL THE ALLOWABLE STATE AND LOCAL TAXES MULTI-
PLIED BY THE RATE OF TAX IMPOSED ON THE TAXPAYER'S CITY TAXABLE INCOME
PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THIS ARTICLE.
§ 2. Section 11-1706 of the administrative code of the city of New
York is amended by adding a new subdivision (g) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14101-02-8
S. 7210--A 2
(G) STATE AND LOCAL TAXES CREDIT. (1) ALLOWANCE OF CREDIT. FOR TAXABLE
YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND
BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, A RESIDENT TAXPAYER WHO
ITEMIZED HIS OR HER DEDUCTIONS ON HIS OR HER FEDERAL INCOME TAX RETURN
SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN PARAGRAPH THREE
OF THIS SUBDIVISION, AGAINST THE TAX AUTHORIZED BY THIS CHAPTER FOR THE
TAXABLE YEAR REDUCED BY THE CREDITS PERMITTED BY THIS CHAPTER. IF THE
CREDIT EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE
COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS
AN OVERPAYMENT, WITHOUT INTEREST, THE AMOUNT OF SUCH EXCESS.
(2) ALLOWABLE TAXES. THE TERM "ALLOWABLE STATE AND LOCAL TAXES" SHALL
MEAN THE TAXES IMPOSED BY A POLITICAL SUBDIVISION OF THIS STATE THAT
WOULD HAVE BEEN DEDUCTIBLE PURSUANT TO PARAGRAPHS ONE AND THREE OF
SUBSECTION (A) OF SECTION ONE HUNDRED SIXTY-FOUR OF THE INTERNAL REVENUE
CODE FOR TAXABLE YEARS ENDING BEFORE JANUARY FIRST, TWO THOUSAND EIGH-
TEEN LESS THE LIMITATION IMPOSED BY PARAGRAPH SIX OF SUBSECTION (A) OF
SECTION ONE HUNDRED SIXTY-FOUR OF THE INTERNAL REVENUE CODE.
(3) COMPUTATION OF CREDIT. THE AMOUNT OF CREDIT ALLOWABLE PURSUANT TO
THIS SUBDIVISION SHALL EQUAL THE ALLOWABLE STATE AND LOCAL TAXES MULTI-
PLIED BY THE RATE OF TAX IMPOSED ON THE TAXPAYER'S CITY TAXABLE INCOME
PURSUANT TO SECTION 11-1701 OF THIS SUBCHAPTER.
§ 3. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2018.