The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5874
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Ways and Means
 
 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 (kkk) to read as follows:
   (KKK) DISABLED PERSON RETROFIT  TAX  CREDIT.  (1)  FOR  TAXABLE  YEARS
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, A TAXPAYER
 WHO  HAS A DISABILITY SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HERE-
 INAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF
 THE CREDIT SHALL BE EQUAL TO THIRTY PERCENT OF THE COST OF THE  EXPENDI-
 TURES MADE BY THE TAXPAYER WITH RESPECT TO THE INSTALLATION OF QUALIFIED
 IMPROVEMENTS  AT A DWELLING OCCUPIED BY THE TAXPAYER AS HIS OR HER DOMI-
 CILE AND MAY BE ALLOWED IN THE FOLLOWING 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 PARTIC-
 ULAR 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 DOMICILE AND AT WHICH  THE  TAXPAYER
 INSTALLS QUALIFIED IMPROVEMENTS.
   (2) AS USED IN THIS SUBSECTION "DISABILITY" MEANS:
   (A)  A  PHYSICAL,  MENTAL OR MEDICAL IMPAIRMENT RESULTING FROM ANATOM-
 ICAL, PHYSIOLOGICAL, GENETIC OR NEUROLOGICAL CONDITIONS  WHICH  PREVENTS
 THE EXERCISE OF A NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY
 ACCEPTED CLINICAL OR LABORATORY DIAGNOSTIC TECHNIQUES;
   (B) A RECORD OF SUCH AN IMPAIRMENT; OR
   (C) A CONDITION REGARDED BY OTHERS AS SUCH AN IMPAIRMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09089-01-1

 A. 5874                             2
 
   (3)  AS  USED  IN  THIS  SUBSECTION "QUALIFIED IMPROVEMENTS" MEANS THE
 INSTALLATION OF:
   (A)  A  NO-STEP  ENTRANCE  OR ENTRANCES ALLOWING ACCESS INTO THE RESI-
 DENCE;
   (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.
   (4) 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.
   (5)  (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 DOMICILE 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 PROPOR-
 TION TO THE AMOUNT OF TIME THE TAXPAYER DID NOT OCCUPY THE  DWELLING  AS
 HIS OR HER DOMICILE.
   (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.
   (6)  THE  TAXPAYER  SHALL FURNISH SUCH INFORMATION AS THE COMMISSIONER
 DETERMINES IS NECESSARY TO DETERMINE ANY CREDIT UNDER THIS SUBSECTION.
   (7) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED SHALL BE FIVE  HUNDRED
 THOUSAND  DOLLARS  EACH  YEAR. SUCH AGGREGATE AMOUNT OF CREDITS SHALL BE
 ALLOCATED BY THE DEPARTMENT.
   (8) THE CREDIT PROVIDED FOR UNDER THIS SUBSECTION SHALL BE LIMITED  TO
 TAXPAYERS  WHO  ARE ABLE TO FURNISH ANY AND ALL REQUESTED INFORMATION TO
 THE COMMISSIONER TO DETERMINE ELIGIBILITY FOR SUCH CREDIT.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full  force  and  effect  on  and after January 1, 2022;
 provided further, this act shall apply to all tax years commencing on or
 after January 1, 2022.