Bill Text: NY A00066 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the New York state foreign dependent children tax inclusion act authorizing a tax deduction for support provided to children outside of the United States; defines "dependent children"; provides an exemption of $1,000 for each foreign dependent child.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2013-04-09 - enacting clause stricken [A00066 Detail]

Download: New_York-2013-A00066-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          66
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. CASTRO, PERRY, CRESPO, CUSICK, STEVENSON, WEPRIN,
         ROBERTS  --  Multi-Sponsored  by  --  M. of A. JACOBS -- read once and
         referred to the Committee on Ways and Means
       AN ACT to amend the tax law, in relation to establishing  the  New  York
         state foreign dependent children tax inclusion act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title.  This act shall be known and may be  cited  as
    2  the "New York state foreign dependent children tax inclusion act".
    3    S 2. Subsection (c) of section 614 of the tax law, as amended by chap-
    4  ter 170 of the laws of 1994, is amended to read as follows:
    5    (c)  Head of household. (1) For taxable years beginning after nineteen
    6  hundred ninety-six, the New York standard deduction of an individual who
    7  is a head of household shall be ten thousand five hundred  dollars;  for
    8  taxable  years  beginning  in nineteen hundred ninety-six, such standard
    9  deduction shall be ten thousand dollars; for taxable years beginning  in
   10  nineteen  hundred  ninety-five,  such  standard deduction shall be eight
   11  thousand one hundred fifty dollars;  and  for  taxable  years  beginning
   12  after  nineteen  hundred eighty-nine and before nineteen hundred ninety-
   13  five, such standard deduction shall be seven thousand dollars.
   14    (2) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO  THOUSAND  FOURTEEN,  AN
   15  INDIVIDUAL  PROVIDING  SUPPORT TO A DEPENDENT CHILD OR CHILDREN RESIDING
   16  OUTSIDE OF THE UNITED STATES SHALL  BE  DEEMED  HEAD  OF  HOUSEHOLD  FOR
   17  PURPOSES OF THIS SUBSECTION WHERE THE INDIVIDUAL PROVIDES PROOF OF:
   18    (I)  THE  LEGAL  RELATIONSHIP  BETWEEN  THE  INDIVIDUAL AND HIS OR HER
   19  DEPENDENT CHILD OR CHILDREN; AND
   20    (II) THE AMOUNT  OF  MONEY  WHICH  THE  DEPENDENT  CHILD  OR  CHILDREN
   21  RECEIVED FROM THE INDIVIDUAL.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02218-01-3
       A. 66                               2
    1    (B)  SUPPORT  PROVIDED  TO CHILDREN OUTSIDE OF THE UNITED STATES MEANS
    2  MONEY OR OTHER FINANCIAL SUPPORT WHICH IS SENT  OR  TRANSFERRED  OUTSIDE
    3  THE UNITED STATES TO A DEPENDENT CHILD OF THE INDIVIDUAL.
    4    (C)  FOR  THE  PURPOSES OF THIS SUBSECTION, THE TERM "DEPENDENT CHILD"
    5  SHALL MEAN ANY CHILD OF THE INDIVIDUAL WHO IS AGE EIGHTEEN OR YOUNGER.
    6    (D) ANY TAXPAYER WHO SUBMITS A FALSE OR  FRAUDULENT  DOCUMENT  TO  THE
    7  DEPARTMENT  REGARDING  THE  PROOF  REQUIRED  PURSUANT TO THIS SUBSECTION
    8  SHALL BE SUBJECT TO THE PENALTY IMPOSED PURSUANT TO SUBSECTION  (CC)  OF
    9  SECTION SIX HUNDRED EIGHTY-FIVE OF THIS ARTICLE.
   10    S  3. Section 616 of the tax law is amended by adding a new subsection
   11  (c) to read as follows:
   12    (C) FOREIGN DEPENDENT CHILDREN. FOR TAXABLE YEARS BEGINNING AFTER  TWO
   13  THOUSAND  FOURTEEN,  A  RESIDENT  INDIVIDUAL SHALL BE ALLOWED A NEW YORK
   14  EXEMPTION OF ONE THOUSAND DOLLARS  FOR  EACH  DEPENDENT  CHILD  RESIDING
   15  OUTSIDE OF THE UNITED STATES. SUCH INDIVIDUAL SHALL PROVIDE PROOF OF THE
   16  LEGAL RELATIONSHIP BETWEEN THE INDIVIDUAL AND HIS OR HER DEPENDENT CHILD
   17  OR  CHILDREN  AND  THE  AMOUNT  OF  MONEY THE INDIVIDUAL PROVIDES TO THE
   18  DEPENDENT CHILD OR CHILDREN.  ANY TAXPAYER WHO SUBMITS A FALSE OR  FRAU-
   19  DULENT  DOCUMENT TO THE DEPARTMENT REGARDING THE PROOF REQUIRED PURSUANT
   20  TO THIS SUBSECTION SHALL BE SUBJECT TO THE PENALTY IMPOSED  PURSUANT  TO
   21  SUBSECTION (CC) OF SECTION SIX HUNDRED EIGHTY-FIVE OF THIS ARTICLE.  FOR
   22  PURPOSES  OF  THIS SUBSECTION, THE TERM "DEPENDENT CHILD" SHALL MEAN ANY
   23  CHILD OF THE RESIDENT INDIVIDUAL WHO IS  AGE  EIGHTEEN  OR  YOUNGER  WHO
   24  RESIDES OUTSIDE OF THE UNITED STATES.
   25    S  4.  This  act  shall take effect immediately.   The commissioner of
   26  taxation and finance is authorized to promulgate any and all  rules  and
   27  regulations  and take any other measures necessary to implement this act
   28  on its effective date.