NY State Senate Bill 2021-S3980

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to budget and revenue
Feb 01, 2021	referred to budget and revenue

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2021-S3980 (ACTIVE) - Details

See Assembly Version of this Bill:: A5215
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Add Art 15 §§340 - 346, Tax L

2021-S3980 (ACTIVE) - Summary

Relates to the imposition of tax on certain financial transactions.

2021-S3980 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3980

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the tax law, in relation to the imposition of tax on
certain financial transactions

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to raise additional tax revenues by taxing
the trading activities of financial services firms including investment
banks and hedge funds. The tax applies at low rates to transfers of
stocks, bonds, and derivatives.

 
SUMMARY OF PROVISIONS:

Section 1 amends tax law by adding a new article 15 titled, "Tax on
Financial Transactions", containing the following sections:

-Section 340 is comprised of definitions for terms including "specified

base amount", "covered transaction", "security", "derivative financial
instrument", "specified index", "treatment of exchanges", "qualified
board or exchange", and "broker".

-Section 341 is titled "Imposition of Tax" and imposes a tax on each
covered transaction with respect to any security. The applicable
percentage of the specified base amount involves the trade of stocks,
bonds, and other financial instruments. Transfers of stock and other
equities are taxed at 0.5% of the trading value; transfers of bonds and
other debt instruments are taxed at 0.1% of trading value; transfers of
derivatives are taxed at 0.005% of the premium in the case of an option
(or similar instrument), any payment in the case of a forward contract
(or similar contract), and any payment in the case of a notional princi-
pal contract (or similar instrument).

-Section 342 is titled "Exceptions" and describes exceptions for certain
traded short-term indebtedness by way of a note, bond, debenture or
other like evidence. Initial issuances and lending agreements with a
maturity period of less than 60 days are exempt from the tax.

-Section 343 is titled "Liability for tax" and describes the directives
of responsibility for facilities in New York State and special rules for
direct transactions in regard to payors and payees.

-Section 344 is titled "Administration and regulation" and describes the
role of the commissioner in providing guidance and prescribing regu-
lations as necessary.

-Section 345 is titled "Interest and civil penalties" and describes the
penalty of 20 percent of the amount of tax in addition to an interest
penalty which increases with each month of non-payment.

Section 346 describes Criminal penalties.

Section 2 is a severability provision. Section 3 is the effective date.

 
JUSTIFICATION:

New York is an exceptionally wealthy state. Treated as a separate coun-
try, it would have one of the world's largest economies. With such a
strong economy, all New Yorkers should have fundamental economic rights:
access to high-quality education, affordable healthcare, guaranteed
housing, and basic social services and social insurance. New York must
also finance investments in green energy, green jobs, and green infras-
tructure in order to mitigate the catastrophic risks of climate change.

Unfortunately, New York is also the most unequal state in the nation.
In part this is because our tax system has not kept pace with changes in
the economy, leaving the many high-earning professionals and wealthy
families in this state undertaxed. Economic growth from recent decades
has overwhelmingly benefitted a small segment of elites, while infla-
tion-adjusted wages have stagnated for the vast majority of working
people since the 1970s. The state government, lacking adequate tax
revenues, has been unable to afford essential public investment and
social spending, including upgrading our infrastructure, repairing
public housing, protecting public education, and financing Medicaid.

The financial services industry is one of the largest sectors of New
York's economy. While the financial industry contributes substantially
to the economic dynamism of this state, it is also largely responsible
for growing economic inequality and the rising cost of living. Wall
Street bankers get richer every year, and their gains do not trickle
down. Corporate raiders and private equity firms engage in predatory
investing, laying off workers for the sake of short term profits. The
financial sector has also been responsible for routine crises resulting
from speculative and irrational behavior, with the most notorious exam-
ple being the global financial crisis. These crises require massive
government intervention to prevent economic collapse, but those who
caused the crisis never pay the price. The government bails out the
banks, leaving taxpayers holding the bag.

Countries have imposed taxes on stock trading for centuries, recognizing
that financial markets only exist because of government permission and
regulation. The United States itself imposed a tax on stock transfers
between 1914 and 1965, and New York had its own Stock Transfer Tax that
was imposed from 1905 through 1981. The United Kingdom has imposed a tax
on stock transfers since the 17th century, and this tax has not
prevented London from becoming a global financial center to rival New
York City.

Opponents of financial transaction taxes often object that they will
push the industry to move to a low tax state. The argument is fundamen-
tally confused about what makes it possible for a financial center to
exist. Wall Street cannot leave New York. Without urban infrastructure,
a highly educated workforce, sound government regulation, and a sophis-
ticated commercial environment, the financial sector cannot exist.

This bill establishes a modernized, comprehensive tax on financial tran-
sactions of stocks and other equities, bonds and other debt instruments,
and derivatives. The tax exempts initial issuances of securities and
short-term lending.

Social Justice Impact: By way of creating additional revenue for public
services in New York State, this legislation would fund and enforce New.
Yorkers' rights to high-quality public education, affordable healthcare,
guaranteed housing, and basic social services and social insurance. In
addition, this bill would create a more progressive tax structure for
New York State.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

This tax will raise between $12 billion and $29 billion annually in new
revenue.

 
EFFECTIVE DATE:
This bill is effective immediately upon passage.

2021-S3980 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3980
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT -- read twice and ordered printed,
   and when printed to be committed to the Committee on Budget and Reven-
   ue
 
 AN  ACT  to  amend  the tax law, in relation to the imposition of tax on
   certain financial transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The tax law is amended by adding a new article 15 to read
 as follows:
                                ARTICLE 15
                       TAX ON FINANCIAL TRANSACTIONS
 SECTION 340. DEFINITIONS.
         341. IMPOSITION OF TAX.
         342. EXCEPTIONS.
         343. LIABILITY FOR TAX.
         344. ADMINISTRATION AND REGULATION.
         345. INTEREST AND CIVIL PENALTIES.
         346. CRIMINAL PENALTIES.
   § 340. DEFINITIONS. 1. SPECIFIED BASE AMOUNT.  FOR  PURPOSES  OF  THIS
 ARTICLE, THE TERM "SPECIFIED BASE AMOUNT" MEANS:
   (A)  EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE FAIR
 MARKET VALUE OF THE SECURITY (DETERMINED AS OF THE TIME OF  THE  COVERED
 TRANSACTION); AND
   (B)  IN  THE CASE OF ANY PAYMENT DESCRIBED IN SUBPARAGRAPH FOUR, FIVE,
 OR SIX OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE AMOUNT
 OF SUCH PAYMENT.
   2. COVERED  TRANSACTION.  FOR  PURPOSES  OF  THIS  SECTION,  THE  TERM
 "COVERED TRANSACTION" MEANS:
   (A)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (B) OF THIS SUBDIVISION, ANY
 PURCHASE IF:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08795-01-1

 S. 3980                             2

   (1) SUCH PURCHASE OCCURS  OR  IS  CLEARED  ON  A  QUALIFIED  BOARD  OR
 EXCHANGE  LOCATED IN THE STATE, OR IS EXECUTED BY A BROKER IN THE STATE;
 OR
   (2)  THE  PURCHASER OR SELLER IS A NEW YORK STATE RESIDENT OR BUSINESS
 WITH A TAXABLE PRESENCE IN THE STATE; AND
   (B) ANY TRANSACTION WITH RESPECT TO A SECURITY DESCRIBED  IN  SUBPARA-
 GRAPH  FOUR,  FIVE, OR SIX OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
 SECTION, IF:
   (1) SUCH SECURITY IS  TRADED  OR  CLEARED  ON  A  QUALIFIED  BOARD  OR
 EXCHANGE  LOCATED IN THE STATE, OR IS EXECUTED BY A BROKER IN THE STATE;
 OR
   (2) ANY PARTY WITH RIGHTS UNDER SUCH SECURITY  IS  A  NEW  YORK  STATE
 RESIDENT OR BUSINESS WITH A TAXABLE PRESENCE IN THE STATE.
   3. SECURITY AND OTHER DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   (A) THE TERM "SECURITY" MEANS:
   (1) ANY SHARE OF STOCK IN A CORPORATION;
   (2)  ANY PARTNERSHIP OR BENEFICIAL OWNERSHIP INTEREST IN A PARTNERSHIP
 OR TRUST;
   (3) ANY NOTE, BOND, DEBENTURE,  OR  OTHER  EVIDENCE  OF  INDEBTEDNESS,
 OTHER  THAN A STATE OR LOCAL BOND THE INTEREST OF WHICH IS EXCLUDED FROM
 GROSS INCOME UNDER SECTION 103(A) OF THE INTERNAL REVENUE CODE;
   (4) ANY EVIDENCE OF AN INTEREST IN, OR A DERIVATIVE FINANCIAL  INSTRU-
 MENT  WITH  RESPECT TO, ANY SECURITY OR SECURITIES DESCRIBED IN SUBPARA-
 GRAPH ONE, TWO, OR THREE OF THIS PARAGRAPH;
   (5) ANY DERIVATIVE FINANCIAL INSTRUMENT WITH RESPECT TO  ANY  CURRENCY
 OR COMMODITY INCLUDING NOTIONAL PRINCIPAL CONTRACTS; AND
   (6) ANY OTHER DERIVATIVE FINANCIAL INSTRUMENT ANY PAYMENT WITH RESPECT
 TO WHICH IS CALCULATED BY REFERENCE TO ANY SPECIFIED INDEX.
   (B)  THE  TERM  "DERIVATIVE FINANCIAL INSTRUMENT" INCLUDES ANY OPTION,
 FORWARD CONTRACT, FUTURES CONTRACT, NOTIONAL PRINCIPAL CONTRACT, OR  ANY
 SIMILAR FINANCIAL INSTRUMENT.
   (C)  THE  TERM "SPECIFIED INDEX" MEANS ANY ONE OR MORE OF ANY COMBINA-
 TION OF:
   (1) A FIXED RATE, PRICE, OR AMOUNT; OR
   (2) A VARIABLE RATE, PRICE, OR AMOUNT, WHICH IS BASED ON  ANY  CURRENT
 OBJECTIVELY  DETERMINABLE INFORMATION WHICH IS NOT WITHIN THE CONTROL OF
 ANY OF THE PARTIES TO THE CONTRACT OR INSTRUMENT AND IS  NOT  UNIQUE  TO
 ANY OF THE PARTIES' CIRCUMSTANCES.
   (D)  (1)  AN  EXCHANGE  SHALL  BE  TREATED AS THE SALE OF THE PROPERTY
 TRANSFERRED AND A PURCHASE OF THE PROPERTY RECEIVED BY EACH PARTY TO THE
 EXCHANGE.
   (2) IN THE CASE OF A DISTRIBUTION TREATED AS  AN  EXCHANGE  FOR  STOCK
 UNDER  SECTION  302 OR 331 OF THE INTERNAL REVENUE CODE, THE CORPORATION
 MAKING SUCH DISTRIBUTION SHALL BE TREATED AS HAVING PURCHASED SUCH STOCK
 FOR PURPOSES OF THIS SECTION.
   (E) THE TERM "QUALIFIED BOARD OR EXCHANGE" HAS THE MEANING GIVEN  SUCH
 TERM BY SECTION 1256(G)(7) OF THE INTERNAL REVENUE CODE.
   (F)  THE  TERM  "BROKER"  HAS  THE  MEANING GIVEN SUCH TERM BY SECTION
 6045(C)(1) OF THE INTERNAL REVENUE CODE.
   § 341. IMPOSITION OF TAX. 1. THERE IS HEREBY IMPOSED  A  TAX  ON  EACH
 COVERED TRANSACTION WITH RESPECT TO ANY SECURITY.
   2.  THE TAX IMPOSED UNDER SUBDIVISION ONE OF THIS SECTION WITH RESPECT
 TO ANY COVERED TRANSACTION SHALL BE THE  APPLICABLE  PERCENTAGE  OF  THE
 SPECIFIED BASE AMOUNT WITH RESPECT TO SUCH COVERED TRANSACTION.
   THE APPLICABLE PERCENTAGE SHALL BE:

 S. 3980                             3
 
   (A)  ONE-HALF  OF  ONE  PERCENT IN THE CASE OF A SECURITY DESCRIBED IN
 SUBPARAGRAPH ONE OR TWO OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION
 THREE HUNDRED FORTY OF THIS ARTICLE;
   (B)  ONE-TENTH  OF  ONE PERCENT IN THE CASE OF A SECURITY DESCRIBED IN
 PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION  THREE  HUNDRED  FORTY  OF
 THIS ARTICLE; AND
   (C)  FIVE  THOUSANDTHS  OF  ONE  PERCENT  IN  THE  CASE  OF A SECURITY
 DESCRIBED IN SUBPARAGRAPH FOUR, FIVE, OR SIX OF PARAGRAPH (A) OF  SUBDI-
 VISION THREE OF SECTION THREE HUNDRED FORTY OF THIS ARTICLE.
   3.  EXCEPT AS OTHERWISE PROVIDED BY THE COMMISSIONER, ANY PAYMENT WITH
 RESPECT TO A SECURITY DESCRIBED IN SUBPARAGRAPH FOUR, FIVE,  OR  SIX  OF
 PARAGRAPH  (A)  OF  SUBDIVISION  THREE OF SECTION THREE HUNDRED FORTY OF
 THIS ARTICLE SHALL BE TREATED AS A SEPARATE TRANSACTION FOR PURPOSES  OF
 THIS SECTION, INCLUDING:
   (A)  ANY NET INITIAL PAYMENT, NET FINAL OR TERMINATING PAYMENT, OR NET
 PERIODICAL PAYMENT WITH RESPECT TO A  NOTIONAL  PRINCIPAL  CONTRACT  (OR
 SIMILAR FINANCIAL INSTRUMENT);
   (B)  ANY  PAYMENT  WITH  RESPECT  TO  ANY FORWARD CONTRACT (OR SIMILAR
 FINANCIAL INSTRUMENT); AND
   (C) ANY PREMIUM PAID WITH RESPECT TO ANY OPTION (OR SIMILAR  FINANCIAL
 INSTRUMENT).
   §  342.  EXCEPTIONS.  1. NO TAX SHALL BE IMPOSED UNDER THIS ARTICLE ON
 ANY COVERED TRANSACTION WITH RESPECT TO  THE  INITIAL  ISSUANCE  OF  ANY
 SECURITY  DESCRIBED  IN SUBPARAGRAPH ONE, TWO, OR THREE OF PARAGRAPH (A)
 OF SUBDIVISION THREE OF SECTION THREE HUNDRED FORTY OF THIS ARTICLE.
   2. A NOTE, BOND, DEBENTURE, OR OTHER EVIDENCE OF INDEBTEDNESS WHICH:
   (A) IS TRADED ON A TRADING FACILITY LOCATED IN THE UNITED STATES; AND
   (B) HAS A FIXED MATURITY OF NOT MORE THAN SIXTY  DAYS,  SHALL  NOT  BE
 TREATED  AS DESCRIBED IN SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVI-
 SION THREE OF SECTION THREE HUNDRED FORTY OF THIS ARTICLE.
   (C) NO TAX SHALL BE IMPOSED UNDER THIS ARTICLE ON ANY  COVERED  TRANS-
 ACTION WITH RESPECT TO WHICH GAIN OR LOSS IS NOT RECOGNIZED BY REASON OF
 SECTION 1058 OF THE INTERNAL REVENUE CODE.
   §  343. LIABILITY FOR TAX. 1. THE TAX IMPOSED BY THIS ARTICLE SHALL BE
 PAID BY:
   (A) IN THE CASE OF A TRANSACTION WHICH  OCCURS  OR  IS  CLEARED  ON  A
 FACILITY LOCATED IN THE STATE, SUCH FACILITY; AND
   (B)  IN  THE CASE OF A PURCHASE NOT DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION WHICH IS EXECUTED BY A BROKER IN THE STATE, THE BROKER.
   2. IN THE CASE OF ANY TRANSACTION TO WHICH  SUBDIVISION  ONE  OF  THIS
 SECTION  DOES  NOT  APPLY, THE TAX IMPOSED BY THIS ARTICLE SHALL BE PAID
 BY:
   (A) IN THE CASE OF A TRANSACTION DESCRIBED IN PARAGRAPH (A) OF  SUBDI-
 VISION TWO OF SECTION THREE HUNDRED FORTY OF THIS ARTICLE:
   (1)  THE  PURCHASER  IF  THE PURCHASER IS A NEW YORK STATE RESIDENT OR
 BUSINESS WITH A TAXABLE PRESENCE IN NEW YORK; OR
   (2) THE SELLER IF THE PURCHASER IS NOT A NEW YORK  STATE  RESIDENT  OR
 BUSINESS WITH A TAXABLE PRESENCE IN NEW YORK; AND
   (B)  IN THE CASE OF A TRANSACTION DESCRIBED IN PARAGRAPH (B) OF SUBDI-
 VISION TWO OF SECTION THREE HUNDRED FORTY OF THIS ARTICLE:
   (1) THE PAYOR IF THE PAYOR IS A NEW YORK STATE  RESIDENT  OR  BUSINESS
 WITH A TAXABLE PRESENCE IN NEW YORK; OR
   (2)  THE  PAYEE IF THE PAYOR IS NOT A NEW YORK STATE RESIDENT OR BUSI-
 NESS WITH A TAXABLE PRESENCE IN NEW YORK.
   § 344. ADMINISTRATION AND REGULATION. 1. THE PARTY LIABLE FOR THE  TAX
 IMPOSED  PURSUANT  TO  THIS ARTICLE SHALL FILE A RETURN, IN THE FORM AND

 S. 3980                             4
 
 MANNER AND CONTAINING SUCH INFORMATION, AS SHALL BE  PRESCRIBED  BY  THE
 COMMISSIONER.
   2. THE COMMISSIONER SHALL:
   (A)  PROVIDE  GUIDANCE  REGARDING SUCH INFORMATION REPORTING AND OTHER
 RELEVANT MATTERS CONCERNING COVERED  TRANSACTIONS  AS  THE  COMMISSIONER
 DEEMS APPROPRIATE; AND
   (B)  PRESCRIBE  SUCH  REGULATIONS  AS  ARE NECESSARY OR APPROPRIATE TO
 PREVENT AVOIDANCE OF THE PURPOSES OF THIS ARTICLE  AND  OTHERWISE  CARRY
 OUT ITS PURPOSES.
   §  345.  INTEREST  AND  CIVIL  PENALTIES. ANY PERSON FAILING TO FILE A
 RETURN OR TO PAY ANY TAX WITHIN THE TIME REQUIRED BY THIS ARTICLE  SHALL
 BE  SUBJECT TO A PENALTY OF TWENTY PERCENT OF THE AMOUNT OF TAX DUE PLUS
 AN INTEREST PENALTY OF TWO PERCENT OF SUCH  AMOUNT  FOR  EACH  MONTH  OF
 DELAY  OR FRACTION THEREOF AFTER THE EXPIRATION OF THE FIRST MONTH AFTER
 SUCH RETURN WAS REQUIRED TO BE FILED OR SUCH TAX BECAME DUE, SUCH INTER-
 EST PENALTY SHALL NOT EXCEED TWENTY-FIVE PER CENTUM IN THE AGGREGATE. IF
 THE COMMISSIONER DETERMINES THAT  SUCH  FAILURE  OR  DELAY  WAS  DUE  TO
 REASONABLE  CAUSE  AND  NOT DUE TO WILLFUL NEGLECT, THE COMMISSIONER MAY
 REMIT, ABATE OR WAIVE ALL OF SUCH PENALTY AND SUCH INTEREST PENALTY.
   § 346. CRIMINAL PENALTIES. THE CRIMINAL PENALTIES IN SECTIONS EIGHTEEN
 HUNDRED ONE, EIGHTEEN HUNDRED  TWO,  EIGHTEEN  HUNDRED  THREE,  EIGHTEEN
 HUNDRED  FOUR,  EIGHTEEN  HUNDRED  FIVE,  EIGHTEEN HUNDRED SIX, EIGHTEEN
 HUNDRED SEVEN AND EIGHTEEN HUNDRED SEVENTEEN OF THIS CHAPTER SHALL APPLY
 TO THIS ARTICLE WITH THE SAME FORCE AND EFFECT AS  IF  THE  LANGUAGE  OF
 THOSE  PROVISIONS  HAD  BEEN SET FORTH IN FULL IN THIS ARTICLE EXCEPT TO
 THE EXTENT THAT ANY PROVISION IS EITHER INCONSISTENT WITH A PROVISION OF
 THIS ARTICLE OR IS NOT RELEVANT TO THE TAXES IMPOSED BY THIS ARTICLE.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S3980

Sponsored By

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

co-Sponsors

2021-S3980 (ACTIVE) - Details

2021-S3980 (ACTIVE) - Summary

2021-S3980 (ACTIVE) - Sponsor Memo

2021-S3980 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3980

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

co-Sponsors

2021-S3980 (ACTIVE) - Details

2021-S3980 (ACTIVE) - Summary

2021-S3980 (ACTIVE) - Sponsor Memo

2021-S3980 (ACTIVE) - Bill Text download pdf

Comments