Senate Bill S2268

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2268
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law and the tax law,  in  relation
   to the school tax relief (STAR) credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 425 of the real property  tax  law  is  amended  by
 adding a new subdivision 18 to read as follows:
   18. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
 THE CONTRARY IF A QUALIFIED TAXPAYER HAS NOT RECEIVED AN ADVANCE PAYMENT
 OF  CREDIT  PURSUANT  TO SUBPARAGRAPH (B) OF PARAGRAPH TEN OF SUBSECTION
 (EEE) OF SECTION SIX HUNDRED SIX OF THE TAX LAW BY DECEMBER THIRTY-FIRST
 SUCH TAXPAYER SHALL BE AUTHORIZED TO  APPLY  FOR  A  SCHOOL  TAX  RELIEF
 EXEMPTION PURSUANT TO THIS SECTION. SUCH TAXPAYER SHALL HAVE THIRTY DAYS
 FROM  THE  LAST  DAY OF THE PRIOR TAXABLE YEAR OR THE APPLICABLE TAXABLE
 STATUS DATE TO APPLY FOR THE EXEMPTION,  WHICHEVER  IS  LATER;  PROVIDED
 HOWEVER  THAT  FOR  THE TWO THOUSAND TWENTY-THREE TAX YEAR SUCH TAXPAYER
 SHALL HAVE THIRTY DAYS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. The opening paragraph of subparagraph  (B)  of  paragraph  10  of
 subsection  (eee) of section 606 of the tax law, as amended by section 2
 of part TT of chapter 59 of the laws of 2017,  is  amended  to  read  as
 follows:
   On or before the date specified below, [or as soon thereafter as prac-
 ticable,]  the commissioner shall determine the eligibility of taxpayers
 for this credit utilizing the information available to  him  or  her  as
 obtained from the applications submitted on or before July first of that
 year, or such later date as may have been prescribed by the commissioner
 for  that purpose, and from such other sources as the commissioner deems
 reliable and appropriate. For those taxpayers whom the commissioner  has
 determined  eligible  for  this credit, the commissioner shall advance a
 payment in the amount specified in paragraph three, four or six of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05402-01-3
              

 S. 2268                             2
 
 subsection, whichever is applicable. Such payment shall be issued by the
 date  specified below, or as soon thereafter as is practicable; provided
 that if such payment is issued after such date, it shall be  subject  to
 interest  at the rate prescribed by subparagraph (A) of paragraph two of
 subsection (j) of section six  hundred  ninety-seven  of  this  article.
 Nothing  contained  herein  shall be deemed to preclude the commissioner
 from issuing payments after  such  date  to  qualified  taxpayers  whose
 applications were made after July first of that year, or such later date
 as may have been prescribed by the commissioner for such purpose.
   § 3. This act shall take effect immediately.