Senate Bill S4889

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4889
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law, in relation  to  increasing  the  volunteer
   firefighters' and ambulance workers' credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subsection (e-1) of section 606 of the tax law,  as  added
 by section 1 of part U of chapter 62 of the laws of 2006, paragraph 2 as
 amended  by  chapter  532  of the laws of 2007, paragraph 3 as added and
 paragraph 4 as renumbered by section 4 of part N of chapter  61  of  the
 laws of 2006, is amended to read as follows:
   (e-1)  Volunteer  firefighters' and ambulance workers' credit. (1) For
 taxable years beginning on and after January first, two  thousand  seven
 AND  BEFORE  JANUARY FIRST, TWO THOUSAND TWENTY-TWO, a resident taxpayer
 who serves as an active volunteer firefighter as defined in  subdivision
 one  of section two hundred fifteen of the general municipal law or as a
 volunteer ambulance worker as defined in subdivision fourteen of section
 two hundred nineteen-k of the general municipal law shall be  allowed  a
 credit  against  the  tax  imposed  by this article equal to two hundred
 dollars.  FOR TAXABLE YEARS BEGINNING ON AND AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-TWO, A RESIDENT TAXPAYER WHO SERVES AS AN ACTIVE VOLUN-
 TEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF  SECTION  TWO  HUNDRED
 FIFTEEN  OF THE GENERAL MUNICIPAL LAW OR AS A VOLUNTEER AMBULANCE WORKER
 AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED NINETEEN-K  OF
 THE  GENERAL  MUNICIPAL  LAW  SHALL  BE ALLOWED A CREDIT AGAINST THE TAX
 IMPOSED BY THIS ARTICLE EQUAL TO  FIVE  HUNDRED  DOLLARS.  In  order  to
 receive this credit a volunteer firefighter or volunteer ambulance work-
 er must have been active for the entire taxable year for which the cred-
 it is sought.
   (2)  If  a taxpayer receives a real property tax exemption relating to
 such service under title two of article four of the  real  property  tax
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02900-01-1

 S. 4889                             2
 
 law,  such  taxpayer  shall  not  be eligible for this credit; provided,
 however (A) if the taxpayer receives such real property tax exemption in
 the two thousand seven taxable year as a result  of  making  application
 therefor  in  a  prior  year  or (B) if the taxpayer notifies his or her
 assessor in writing by December thirty-first, two thousand seven of  the
 taxpayer's intent to discontinue such real property tax exemption by not
 re-applying  for  such  real  property tax exemption by the next taxable
 status date, such taxpayer shall be eligible for this credit for the two
 thousand seven taxable year.
   (3) In the case of a husband and wife who file a joint return and  who
 both individually qualify for the credit under this subsection FOR TAXA-
 BLE  YEARS  BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVEN AND
 BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-TWO, the amount of the  credit
 allowed  shall  be  four hundred DOLLARS. FOR TAXABLE YEARS BEGINNING ON
 AND AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-TWO,  THE  AMOUNT  OF  THE
 CREDIT SHALL BE ONE THOUSAND dollars.
   (4)  If the amount of the credit allowed under this subsection for any
 taxable year shall exceed the taxpayer's tax for such year,  the  excess
 shall  be treated as an overpayment of tax to be credited or refunded in
 accordance with the provisions of section six hundred eighty-six of this
 article, provided, however, that no interest shall be paid thereon.
   § 2. This act shall take effect immediately.