S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4844
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  B. MILLER  --  read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  an  employer
   sponsored retirement plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  4  of
 section  425  of  the  real property tax law, as amended by section 1 of
 part B of chapter 59 of the laws of 2018, is amended to read as follows:
   (ii) The term "income" as used herein shall mean the  "adjusted  gross
 income"  for  federal income tax purposes as reported on the applicant's
 federal or state income tax return for the applicable income  tax  year,
 subject  to  any subsequent amendments or revisions, reduced by distrib-
 utions, to  the  extent  included  in  federal  adjusted  gross  income,
 received from an individual retirement account and an individual retire-
 ment annuity AND AN EMPLOYER SPONSORED RETIREMENT PLAN; provided that if
 no  such  return  was filed for the applicable income tax year, "income"
 shall mean the adjusted gross income that would have been so reported if
 such a return had been filed.   Provided further,  that  effective  with
 exemption applications for final assessment rolls to be completed in two
 thousand  nineteen,  where an income-eligibility determination is wholly
 or partly based upon the income of one or more individuals who  did  not
 file  a return for the applicable income tax year, then in order for the
 application to be considered complete, each such individual must file  a
 statement  with  the  department showing the source or sources of his or
 her income for that income tax year, and the amount or amounts  thereof,
 that  would  have  been reported on such a return if one had been filed.
 Such statement shall be filed at such time, and in such form and manner,
 as may be prescribed by the department, and  shall  be  subject  to  the
 secrecy  provisions  of  the  tax law to the same extent that a personal
 income tax return would be.  The department shall make  such  forms  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08829-01-1

 A. 4844                             2
 
 instructions  available  for  the  filing  of such statements. The local
 assessor shall upon the request of a taxpayer assist  such  taxpayer  in
 the filing of the statement with the department.
   § 2. This act shall take effect immediately.