Senate Bill S8522

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8522
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 establishing a home  heating
   tax credit; and providing for the repeal of such provisions upon expi-
   ration thereof
 
   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 (11-1) to read as follows:
   (11-1)  HOME  HEATING  TAX CREDIT. (1) FOR PURPOSES OF THIS SUBSECTION
 THE TERM "QUALIFIED TAXPAYER" SHALL MEAN A RESIDENT  INDIVIDUAL  OF  THE
 STATE,  WHO  MAINTAINED  HIS  OR  HER PRIMARY RESIDENCE IN THIS STATE ON
 DECEMBER THIRTY-FIRST OF THE TAXABLE YEAR, AND WHO WAS AN OWNER OF  SUCH
 PROPERTY  ON  SUCH  DATE  OR  RENTERS WHO ARE RESPONSIBLE FOR PAYING FOR
 THEIR OWN HEAT, AND WHO ARE NOT ELIGIBLE FOR THE HOME ENERGY  ASSISTANCE
 PROGRAM.  AN  INDIVIDUAL  SHALL  BE CONSIDERED A QUALIFIED TAXPAYER WITH
 RESPECT TO NO MORE THAN ONE PRIMARY RESIDENCE DURING ANY  GIVEN  TAXABLE
 YEAR.
   (2)  THE  TAX  CREDIT  UNDER  THIS  SUBSECTION  SHALL BE DETERMINED AS
 FOLLOWS:
   (A) FOR SINGLE INDIVIDUALS THAT ARE QUALIFIED TAXPAYERS, A  CREDIT  OF
 THREE  HUNDRED  DOLLARS FOR THOSE WITH INCOME OF ONE HUNDRED TWENTY-FIVE
 THOUSAND DOLLARS OR LESS.
   (B) FOR MARRIED INDIVIDUALS THAT  ARE  QUALIFIED  TAXPAYERS  AND  FILE
 JOINTLY,  A  CREDIT  OF SIX HUNDRED DOLLARS FOR THOSE WITH INCOME OF TWO
 HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   (3) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER  THIS  SUBSECTION  SHALL
 EXCEED  THE  TAXPAYER'S  TAX  FOR  THE TAXABLE YEAR, THE EXCESS SHALL BE
 TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
 CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. FOR EACH
 YEAR  SUCH  CREDIT  IS  ALLOWED,  ON OR BEFORE OCTOBER FIFTEENTH OF SUCH
 YEAR, OR AS SOON THEREAFTER AS IS PRACTICABLE,  THE  COMMISSIONER  SHALL
 DETERMINE  THE  TAXPAYER'S  ELIGIBILITY  FOR  SUCH  CREDIT UTILIZING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14681-01-2
 S. 8522                             2
 
 INFORMATION AVAILABLE TO THE COMMISSIONER  ON  THE  TAXPAYER'S  PERSONAL
 INCOME  TAX  RETURN  FILED  FOR  THE TAXABLE YEAR TWO YEARS PRIOR TO THE
 TAXABLE YEAR IN WHICH SUCH CREDIT IS ALLOWED. FOR THOSE  TAXPAYERS  WHOM
 THE  COMMISSIONER  HAS  DETERMINED  TO  BE ELIGIBLE FOR SUCH CREDIT, THE
 COMMISSIONER SHALL ADVANCE A PAYMENT IN THE AMOUNT  SPECIFIED  IN  PARA-
 GRAPH  TWO  OF  THIS  SUBSECTION,  WHICH PAYMENT SHALL BE ISSUED, TO THE
 GREATEST EXTENT PRACTICABLE, BY OCTOBER THIRTY-FIRST OF EACH  YEAR  SUCH
 CREDIT  IS  ALLOWED.    A  TAXPAYER WHO HAS FAILED TO RECEIVE AN ADVANCE
 PAYMENT THAT HE OR SHE BELIEVES WAS DUE  TO  HIM  OR  HER,  OR  WHO  HAS
 RECEIVED  AN  ADVANCE  PAYMENT  THAT HE OR SHE BELIEVES IS LESS THAN THE
 AMOUNT THAT WAS DUE TO HIM OR HER, MAY REQUEST PAYMENT OF  SUCH  CLAIMED
 DEFICIENCY IN A MANNER PRESCRIBED BY THE COMMISSIONER.
   §  2.  This  act  shall take effect immediately and shall apply to the
 taxable year 2021 and shall expire and be deemed repealed  December  31,
 2022.