Assembly Bill A5439

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5439
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the tax law, in relation to establishing an active mili-
   tary service travel 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 (qqq) to read as follows:
   (QQQ) ACTIVE MILITARY SERVICE TRAVEL CREDIT. (1) ALLOWANCE AND  AMOUNT
 OF  CREDIT.  A  QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE
 TAX IMPOSED BY THIS ARTICLE EQUAL TO THEIR  QUALIFIED  AIRFARE  EXPENSES
 WHEN RETURNING TO THE STATE.
   (2)  LIMITATION  ON  AMOUNT  OF CREDIT. THE CREDIT ALLOWED PURSUANT TO
 PARAGRAPH ONE OF THIS SUBSECTION  SHALL  BE  SUBJECT  TO  THE  FOLLOWING
 LIMITS:
   (I)  ONE  THOUSAND  DOLLARS FOR ARMED SERVICE MEMBERS STATIONED IN THE
 UNITED STATES OR UNITED STATES TERRITORIES, THE CARIBBEAN ISLANDS, CANA-
 DA AND MEXICO, OTHER THAN HAWAII, ALASKA, GUAM, AMERICAN SAMOA, NORTHERN
 MARIANA ISLANDS, AND ALL UNITED STATES MINOR OUTLYING ISLANDS; AND
   (II) TWO THOUSAND FIVE  HUNDRED  DOLLARS  FOR  ARMED  SERVICE  MEMBERS
 STATIONED ANYWHERE NOT INCLUDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (3)  APPLICATION  OF  CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED
 THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
 FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
 SUCH YEAR OR YEARS.
   (4) DEFINITIONS. AS USED IN THIS SUBSECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "QUALIFIED TAXPAYER" SHALL MEAN A TAXPAYER WHO:
   (I) IS AN ARMED FORCES MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED
 STATES; AND
   (II) IS DOMICILED IN NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08416-01-5
              

 A. 5439                             2
 
   (B) "QUALIFIED AIRFARE EXPENSES" SHALL MEAN THE COST OF AIRFARE FOR  A
 QUALIFIED  TAXPAYER DURING PERIODS OF AUTHORIZED LEAVE THROUGH THE MILI-
 TARY WHICH ARE NOT OTHERWISE REIMBURSED BY THE MILITARY OR ANOTHER ENTI-
 TY TO FLY TO EITHER AN AIRPORT LOCATED IN THE STATE OR AN AIRPORT  IN  A
 NEIGHBORING STATE IF THE QUALIFIED TAXPAYER DEMONSTRATES, IN A MANNER AS
 REQUIRED BY THE COMMISSIONER, THAT SUCH TAXPAYER RETURNED TO THEIR DOMI-
 CILE  FROM  SUCH  FLIGHT. "QUALIFIED AIRFARE EXPENSES" SHALL NOT INCLUDE
 (I) BAG FEES, GROUND TRANSPORTATION COSTS OR OTHER  ANCILLARY  COSTS  OF
 AIR TRAVEL; (II) TRAVEL PAID FOR IN WHOLE OR IN PART WITH FREQUENT FLYER
 MILES  OR OTHER REWARD PROGRAM POINTS; OR (III) AIRFARE FOR ANY INDIVID-
 UAL WHO IS NOT THE QUALIFIED TAXPAYER.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 taxable years commencing on and after such date. Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.