S T A T E O F N E W Y O R K
________________________________________________________________________
2110
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Aging
AN ACT to amend the elder law, in relation to reports by the office for
the aging regarding assistance to families for caring for elderly
dependents; and to amend the tax law, in relation to providing an
additional personal income tax exemption for resident individuals in
certain cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 213 of the elder law is amended by adding a new
subdivision 6 to read as follows:
6. THE OFFICE FOR THE AGING SHALL BIENNIALLY REPORT TO THE GOVERNOR
AND LEGISLATURE CONCERNING THE EFFECTS OF SUBSECTION (C) OF SECTION SIX
HUNDRED SIXTEEN OF THE TAX LAW ON PROGRAMS OFFERED UNDER THE AUSPICES OR
WITH THE SUPPORT, DIRECT OR INDIRECT, OF THE OFFICE FOR THE AGING. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE USE OR NON-USE OF THIS
INCENTIVE IN COORDINATION WITH SUCH PROGRAMS, THE EXTENT TO WHICH THIS
INCENTIVE HAS AIDED FAMILIES IN CARING FOR ELDERLY DEPENDENTS, AND COOR-
DINATION BY THE OFFICE OF THE AVAILABILITY OF THIS ASSISTANCE WITH OTHER
PROGRAMS FOR THE AGED AND RECOMMENDATIONS FOR PUBLIC INFORMATION ACTIV-
ITIES.
§ 2. Section 616 of the tax law is amended by adding a new subsection
(c) to read as follows:
(C) ADDITIONAL EXEMPTION. IN ADDITION TO THE EXEMPTIONS PROVIDED FOR
IN SUBSECTION (A) OF THIS SECTION FOR TAXABLE YEARS BEGINNING AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, A RESIDENT INDIVIDUAL
SHALL BE ALLOWED A NEW YORK EXEMPTION IN AN AMOUNT EQUAL TO THE
EXEMPTION PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION FOR EACH
DEPENDENT WHO IS OF THE AGE OF SIXTY-TWO OR OLDER, WHO RESIDES WITH SUCH
RESIDENT INDIVIDUAL, AND FOR WHOM THE RESIDENT INDIVIDUAL IS ENTITLED TO
AN EXEMPTION FOR THE TAXABLE YEAR FOR FEDERAL INCOME TAX PURPOSES,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05073-01-9
A. 2110 2
PROVIDED HOWEVER, THAT IF THE NEW YORK INCOME TAXES OF A HUSBAND AND
WIFE ARE SEPARATELY DETERMINED BUT THEIR FEDERAL INCOME TAX IS DETER-
MINED ON A JOINT RETURN, ONLY ONE OF THEM, AT THEIR OPTION, SHALL BE
ENTITLED TO THE ADDITIONAL EXEMPTION PROVIDED FOR IN THIS SUBSECTION.
§ 3. This act shall take effect immediately.