S T A T E   O F   N E W   Y O R K
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                                  5333--A
                                                         Cal. No. 382
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced  by M. of A. WEPRIN, JAFFEE, MOSLEY -- read once and referred
   to the Committee on Ways and Means --  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading

 AN ACT to amend the tax law, in relation to creating a  disabled  person
   retrofit tax credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
 subsection (jjj) to read as follows:
   (JJJ)  DISABLED  PERSON  RETROFIT  TAX  CREDIT.  (1) FOR TAXABLE YEARS
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,  A  TAXPAYER
 SHALL  BE  ALLOWED  A  CREDIT,  TO  BE COMPUTED AS HEREINAFTER PROVIDED,
 AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT  SHALL
 BE  EQUAL  TO THIRTY PERCENT OF THE COST OF THE EXPENDITURES MADE BY THE
 TAXPAYER WITH RESPECT TO THE INSTALLATION OF QUALIFIED IMPROVEMENTS AT A
 DWELLING OCCUPIED BY THE TAXPAYER AS HIS OR HER  PRIMARY  RESIDENCE  AND
 MAY BE ALLOWED IN THE TAXABLE YEAR IN WHICH THE EXPENDITURE IS INCURRED;
 PROVIDED  THAT THE LIFETIME CREDIT ALLOWABLE WITH REGARD TO EXPENDITURES
 FOR THE INSTALLATION OF QUALIFIED IMPROVEMENTS AT A PARTICULAR  DWELLING
 BY  ANY TAXPAYER SHALL NOT EXCEED FIVE THOUSAND DOLLARS IN THE AGGREGATE
 FOR IMPROVEMENTS MADE TO THAT DWELLING. SUBJECT  TO  THE  PROVISIONS  OF
 THIS  SUBSECTION,  A  TAXPAYER  SHALL BE ALLOWED A CREDIT, NOT TO EXCEED
 FIVE THOUSAND DOLLARS IN THE  AGGREGATE,  FOR  EACH  DWELLING  THAT  THE
 TAXPAYER  OCCUPIES  AS  HIS  OR  HER  PRIMARY RESIDENCE AND AT WHICH THE
 TAXPAYER INSTALLS QUALIFIED IMPROVEMENTS.
   (2) AS USED IN THIS  SUBSECTION  "QUALIFIED  IMPROVEMENTS"  MEANS  THE
 INSTALLATION OF:
   (A)  A  NO-STEP  ENTRANCE  OR ENTRANCES ALLOWING ACCESS INTO THE RESI-
 DENCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06269-02-8

 A. 5333--A                          2
 
   (B) INTERIOR PASSAGE DOORS PROVIDING AT LEAST A THIRTY-TWO  INCH  WIDE
 OPENING;
   (C)  REINFORCEMENTS  IN  BATHROOM  WALLS ALLOWING INSTALLATION OF GRAB
 BARS AROUND THE TOILET, TUB AND SHOWER; AND
   (D) LIGHT SWITCHES AND OUTLETS PLACED IN LOCATIONS ACCESSIBLE TO DISA-
 BLED PERSONS.
   (3) IF THE AMOUNT OF CREDIT  ALLOWABLE  UNDER  THIS  SUBSECTION  SHALL
 EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
 TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
 TAX FOR SUCH YEAR OR YEARS.
   (4)  (A)  THE  PROVISIONS  OF  THIS  SUBSECTION SHALL NOT APPLY TO ANY
 DWELLING OWNED SOLELY FOR COMMERCIAL PURPOSES. IN THE CASE OF A BUILDING
 WHERE LESS THAN THE ENTIRE BUILDING  IS  USED  AS  A  RESIDENCE  OF  THE
 TAXPAYER,  ONLY THE PORTION OF THE TOTAL EXPENDITURES MADE IN THE BUILD-
 ING THAT IS ATTRIBUTABLE TO THE  RESIDENCE  OF  THE  TAXPAYER  SHALL  BE
 TREATED AS QUALIFIED EXPENDITURES FOR THE PURPOSES OF THIS SUBSECTION.
   (B)  IF THE TAXPAYER OCCUPIES THE DWELLING AS HIS OR HER PRIMARY RESI-
 DENCE FOR ONLY A PORTION OF A TAX YEAR IN  WHICH  A  CREDIT  UNDER  THIS
 SUBSECTION  IS  CLAIMED,  THE  AMOUNT  OF  THE ALLOWABLE CREDIT SHALL BE
 REDUCED IN PROPORTION TO THE AMOUNT OF TIME THE TAXPAYER DID NOT  OCCUPY
 THE DWELLING AS HIS OR HER PRIMARY RESIDENCE.
   (C)  IN  THE CASE OF A DWELLING THAT IS OWNED BY AND IS A RESIDENCE OF
 TWO OR MORE PERSONS, OTHER THAN A HUSBAND AND WIFE, THE PORTION  OF  THE
 TOTAL  EXPENDITURES  MADE  IN THE REHABILITATION OF THE BUILDING THAT IS
 ATTRIBUTABLE TO EACH TAXPAYER SHALL BE EQUAL TO THE TAXPAYER'S SHARE  OF
 OWNERSHIP IN SUCH BUILDING.
   (5)  THE  TAXPAYER  SHALL FURNISH SUCH INFORMATION AS THE COMMISSIONER
 DETERMINES IS NECESSARY TO DETERMINE ANY CREDIT UNDER THIS SUBSECTION.
   (6) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED SHALL BE  ONE  MILLION
 DOLLARS  EACH  YEAR. SUCH AGGREGATE AMOUNT OF CREDITS SHALL BE ALLOCATED
 BY THE DEPARTMENT AMONG TAXPAYERS IN ORDER OF PRIORITY  BASED  UPON  THE
 DATE  OF FILING. IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN
 ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS  ALLOWED
 FOR SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING
 BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT YEAR.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force  and  effect  on  and  after  January  1,  2019;
 provided further, this act shall apply to all tax years commencing on or
 after January 1, 2019.