STATE OF NEW YORK
        ________________________________________________________________________
            S. 1601--A                                             A. 939--A
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    January 10, 2017
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed,  and  when  printed  to  be committed to the Committee on Investi-
          gations and Government Operations -- recommitted to the  Committee  on
          Investigations  and  Government  Operations  in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Ways and Means -- recommitted to the Committee  on
          Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  tax  law,  in relation to the real property tax
          circuit breaker credit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subsection (e) of section 606 of the tax law, as amended by
     2  chapter  28  of  the  laws  of  1987, subparagraph (B) of paragraph 1 as
     3  amended by section 6 of part I of  chapter  59  of  the  laws  of  2015,
     4  subparagraph (c) of paragraph 1 as amended by chapter 713 of the laws of
     5  1996,  subparagraph  (E) of paragraph 1 as amended by chapter 105 of the
     6  laws of 2006, and paragraph 14 as amended by chapter 23 of the  laws  of
     7  1990, is amended to read as follows:
     8    (e)    Real property tax circuit breaker credit.  (1)  For purposes of
     9  this subsection:
    10    (A) "Qualified taxpayer" means a resident individual of the state  who
    11  has  occupied  the  same residence for six months or more of the taxable
    12  year, and is required or chooses to file a return under this article.
    13    (B) "Household" or  "members  of  the  household"  means  a  qualified
    14  taxpayer  and  all  other persons, not necessarily related, who have the
    15  same residence and share its furnishings, facilities and accommodations.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07150-02-8

        S. 1601--A                          2                          A. 939--A
     1  Such terms shall not include a tenant, subtenant, roomer or boarder  who
     2  is  not  related  to  the  qualified taxpayer in any degree specified in
     3  [subparagraphs (A)] paragraphs one through [(G)] eight of [paragraph two
     4  of]  subsection [(d)] (a) of section one hundred fifty-two of the inter-
     5  nal revenue code. Provided, however, no person may be a member  of  more
     6  than one household at one time.
     7    [(c)]  (C) "Household gross income" means the aggregate adjusted gross
     8  income  of all members of the household for the taxable year as reported
     9  for federal income tax purposes, or which would be reported as  adjusted
    10  gross  income  if a federal income tax return were required to be filed,
    11  with the modifications in subsection (b) of section six  hundred  twelve
    12  but  without  the  modifications in subsection (c) of such section, plus
    13  any portion of the gain from the sale or exchange of property  otherwise
    14  excluded from such amount; earned income from sources without the United
    15  States  excludable  from  federal  gross  income by section nine hundred
    16  eleven of the internal revenue  code;  support  money  not  included  in
    17  adjusted gross income; nontaxable strike benefits; supplemental security
    18  income  payments; the gross amount of any pension or annuity benefits to
    19  the extent not included in such adjusted gross  income  (including,  but
    20  not  limited  to, railroad retirement benefits and all payments received
    21  under  the  federal  social  security  act  and   veterans'   disability
    22  pensions);  nontaxable interest received from the state of New York, its
    23  agencies, instrumentalities, public corporations, or political  subdivi-
    24  sions  (including  a public corporation created pursuant to agreement or
    25  compact with another state or Canada); workers' compensation; the  gross
    26  amount  of  "loss-of-time"  insurance;  and  the  amount  of cash public
    27  assistance and relief, other than medical assistance for the needy, paid
    28  to or for the benefit of the qualified taxpayer or members of his house-
    29  hold.  Household gross income shall not include surplus foods  or  other
    30  relief  in  kind or payments made to individuals because of their status
    31  as victims of Nazi persecution as defined in P.L.  103-286.    Provided,
    32  further,  household  gross  income  shall  only  include all such income
    33  received by all members of the household while members  of  such  house-
    34  hold.
    35    (D)    "Residence"  means  a  dwelling in this state, whether owned or
    36  rented, and so much of the land abutting it, not exceeding one acre,  as
    37  is  reasonably  necessary  for  use  of  the dwelling as a home, and may
    38  consist of a part of a multi-dwelling or multi-purpose building  includ-
    39  ing  a  cooperative  or  condominium,  and  rental units within a single
    40  dwelling.  Residence includes a trailer or mobile home, used exclusively
    41  for residential purposes and defined as real property pursuant to  para-
    42  graph  (g)  of subdivision twelve of section one hundred two of the real
    43  property tax law.
    44    (E) "Qualifying real property taxes" means all  real  property  taxes,
    45  special  ad  valorem levies and special assessments, exclusive of penal-
    46  ties and interest, levied on the residence of a qualified  taxpayer  and
    47  paid  during  the  taxable year less the credit claimed under the former
    48  subsection (n-1) of this section. In addition, for taxable years  begin-
    49  ning after December thirty-first, nineteen hundred eighty-four, a quali-
    50  fied taxpayer may elect to include any additional amount that would have
    51  been  levied  in the absence of an exemption from real property taxation
    52  pursuant to section four hundred sixty-seven of the  real  property  tax
    53  law.  If  tenant-stockholders  in a cooperative housing corporation have
    54  met the requirements of section two  hundred  sixteen  of  the  internal
    55  revenue  code  by  which  they  are  allowed a deduction for real estate
    56  taxes, the amount of taxes so allowable, or which would be allowable  if

        S. 1601--A                          3                          A. 939--A
     1  the taxpayer had filed returns on a cash basis, shall be qualifying real
     2  property  taxes.  If  a residence is owned by two or more individuals as
     3  joint tenants or tenants in common, and one or more than one  individual
     4  is not a member of the household, qualifying real property taxes is that
     5  part  of  such  taxes  on  the  residence  which  reflects the ownership
     6  percentage of the qualified taxpayer and members of his household. If  a
     7  residence is an integral part of a larger unit, qualifying real property
     8  taxes  shall  be  limited  to  that  amount of such taxes paid as may be
     9  reasonably apportioned to such residence. If a household owns and  occu-
    10  pies two or more residences during different periods in the same taxable
    11  year,  qualifying  real  property taxes shall be the sum of the prorated
    12  qualifying real property taxes attributable to the household during  the
    13  periods  such  household occupies each of such residences. If the house-
    14  hold owns and occupies a residence for part  of  the  taxable  year  and
    15  rents a residence for part of the same taxable year, it may include both
    16  the  proration  of qualifying real property taxes on the residence owned
    17  and the real property tax equivalent with  respect  to  the  months  the
    18  residence  is  rented.  Provided,  however,  for  purposes of the credit
    19  allowed under this subsection, qualifying real  property  taxes  may  be
    20  included  by  a qualified taxpayer only to the extent that such taxpayer
    21  or the spouse of such taxpayer occupying such residence for  six  months
    22  or  more  of  the  taxable year owns or has owned the residence and paid
    23  such taxes.
    24    (F) "Real property tax equivalent" means twenty-five  percent  of  the
    25  adjusted  rent  actually  paid in the taxable year by a household solely
    26  for the right of occupancy of its New York  residence  for  the  taxable
    27  year.  If (i) a residence is rented to two or more individuals as coten-
    28  ants,  or such individuals share in the payment of a single rent for the
    29  right of occupancy of such residence, and (ii) each of such  individuals
    30  is  a  member of a different household, one or more of which individuals
    31  shares such residence, real property tax equivalent is that  portion  of
    32  twenty-five  percent of the adjusted rent paid in the taxable year which
    33  reflects that portion of the rent attributable to the qualified taxpayer
    34  and the members of his household.
    35    (G) "Adjusted rent" means rental paid for the right of occupancy of  a
    36  residence, excluding charges for heat, gas, electricity, furnishings and
    37  board.    Where  charges for heat, gas, electricity, furnishing or board
    38  are included in rental but where such charges and the amount thereof are
    39  not separately set forth in a written rental agreement, for purposes  of
    40  determining  adjusted  rent  the  qualified taxpayer shall reduce rental
    41  paid as follows:
    42    (i)  For heat, or heat and gas, deduct fifteen percent of rental paid.
    43    (ii)  For heat, gas and electricity, deduct twenty percent  of  rental
    44  paid.
    45    (iii)   For heat, gas, electricity and furnishings, deduct twenty-five
    46  percent of rental paid.
    47    (iv)  For heat, gas, electricity, furnishings and board, deduct  fifty
    48  percent of rental paid.
    49  If  the  [tax commission] commissioner determines that the adjusted rent
    50  shown on the return is excessive, the [tax commission] commissioner  may
    51  reduce  such  rent, for purposes of the computation of the credit, to an
    52  amount substantially equivalent to rent for a comparable accommodation.
    53    (2) A qualified taxpayer shall be allowed  a  credit  as  provided  in
    54  paragraph three hereof against the taxes imposed by this article reduced
    55  by the credits permitted by this article.  If the credit exceeds the tax
    56  as  so  reduced  for such year under this article the qualified taxpayer

        S. 1601--A                          4                          A. 939--A
     1  may receive, and the comptroller, subject to a certificate of the [state
     2  tax commission] commissioner,  shall  pay  as  an  overpayment,  without
     3  interest,  any  excess  between such tax as so reduced and the amount of
     4  the  credit.  If  a  qualified taxpayer is not required to file a return
     5  pursuant to section six hundred fifty-one of this article,  a  qualified
     6  taxpayer  may  nevertheless  receive  and  the comptroller, subject to a
     7  certificate of the [state tax commission] commissioner, shall pay as  an
     8  overpayment the full amount of the credit, without interest.
     9    (3)    Determination of credit.   (A) For qualified taxpayers who have
    10  attained the age of sixty-five years or a permanent and total disability
    11  as defined in section twenty-two of the internal revenue code before the
    12  beginning of or during the taxable year the amount of the credit  allow-
    13  able  under  this subsection shall be fifty percent, or in the case of a
    14  qualified taxpayer who has  elected  to  include  an  additional  amount
    15  pursuant  to subparagraph (E) of paragraph one of this subsection, twen-
    16  ty-five percent, of the excess of real property taxes or the  excess  of
    17  real property tax equivalent determined as follows:
    18                                          Excess real property taxes are
    19                                          the excess of real property tax
    20                                          equivalent or the excess of
    21       If household gross                 qualifying real property taxes
    22       income for the                     over the following percentage of
    23       taxable year is:                   household gross income:
    24       ___________________                __________________________________
    25       [$3,000] $6,000 or less             3 1/2
    26       Over [$3,000] $6,000 but not
    27          over [$5,000] $10,000            4
    28       Over [$5,000] $10,000 but not
    29          over [$7,000] $14,000            4 1/2
    30       Over [$7,000] $14,000 but not
    31          over [$9,000] $18,000            5
    32       Over [$9,000] $18,000 but not
    33          over [$11,000] $22,000           5 1/2
    34       Over [$11,000] $22,000 but not
    35          over [$14,000] $28,000           6
    36       Over [$14,000] $28,000 but not
    37          over [$18,000] $36,000           6 1/2
    38    Notwithstanding  the  foregoing  provisions, the maximum credit deter-
    39  mined under this subparagraph may not exceed the  amount  determined  in
    40  accordance with the following table:
    41       If household gross                 The maximum
    42       income for the                     credit is:
    43       taxable year is:
    44       ___________________                __________________________________
    45       [$1,000] $2,000 or less            [$375] $463
    46       Over [$1,000] $2,000 but
    47          not over [$2,000] $4,000        [$358] $442
    48       Over [$2,000] $4,000 but
    49          not over [$3,000] $6,000        [$341] $421
    50       Over [$3,000] $6,000 but
    51          not over [$4,000] $8,000        [$324] $400
    52       Over [$4,000] $8,000 but
    53          not over [$5,000] $10,000       [$307] $379
    54       Over [$5,000] $10,000 but

        S. 1601--A                          5                          A. 939--A
     1          not over [$6,000] $12,000       [$290] $358
     2       Over [$6,000] $12,000 but
     3          not over [$7,000] $14,000       [$273] $337
     4       Over [$7,000] $14,000 but
     5          not over [$8,000] $16,000       [$256] $316
     6       Over [$8,000] $16,000 but
     7          not over [$9,000] $18,000       [$239] $295
     8       Over [$9,000] $18,000 but
     9          not over [$10,000] $20,000      [$222] $274
    10       Over [$10,000] $20,000 but
    11          not over [$11,000] $22,000      [$205] $253
    12       Over [$11,000] $22,000 but
    13          not over [$12,000] $24,000      [$188] $232
    14       Over [$12,000] $24,000 but
    15          not over [$13,000] $26,000      [$171] $211
    16       Over [$13,000] $26,000 but
    17          not over [$14,000] $28,000      [$154] $190
    18       Over [$14,000] $28,000 but
    19          not over [$15,000] $30,000      [$137] $169
    20       Over [$15,000] $30,000 but
    21          not over [$16,000] $32,000      [$120] $148
    22       Over [$16,000] $32,000 but
    23          not over [$17,000] $34,000      [$103] $127
    24       Over [$17,000] $34,000 but
    25          not over [$18,000] $36,000      [$86] $106
    26    (B)  For all other qualified taxpayers the amount of the credit allow-
    27  able under this subsection shall be fifty percent of excess real proper-
    28  ty taxes or the excess of the real property tax equivalent determined as
    29  follows:
    30                                          Excess real property taxes are
    31                                          the excess of real property tax
    32                                          equivalent or the excess of
    33       If household gross                 qualifying real property taxes
    34       income for the                     over the following percentage of
    35       taxable year is:                   household gross income:
    36       ___________________                __________________________________
    37       [$3,000] $6,000 or less            3 1/2
    38       Over [$3,000] $6,000 but not
    39          over [$5,000] $10,000           4
    40       Over [$5,000] $10,000 but not
    41          over [$7,000] $14,000           4 1/2
    42       Over [$7,000] $14,000 but not
    43          over [$9,000] $18,000           5
    44       Over [$9,000] $18,000 but not
    45          over [$11,000] $22,000          5 1/2
    46       Over [$11,000] $22,000 but not
    47          over [$14,000] $28,000          6
    48       Over [$14,000] $28,000 but not
    49          over [$18,000] $36,000          6 1/2
    50    Notwithstanding the foregoing provisions, the  maximum  credit  deter-
    51  mined  under  this  subparagraph may not exceed the amount determined in
    52  accordance with the following table:
    53       If household gross                 The maximum
    54       income for the                     credit is:
    55       taxable year is:

        S. 1601--A                          6                          A. 939--A
     1       ___________________                __________________________________
     2       [$1,000] $2,000 or less            [$75] $163
     3       Over [$1,000] $2,000 but
     4          not over [$2,000] $4,000        [$73] $158
     5       Over [$2,000] $4,000 but
     6          not over [$3,000] $6,000        [$71] $154
     7       Over [$3,000] $6,000 but
     8          not over [$4,000] $8,000        [$69] $149
     9       Over [$4,000] $8,000 but
    10          not over [$5,000] $10,000       [$67] $145
    11       Over [$5,000] $10,000 but
    12          not over [$6,000] $12,000       [$65] $140
    13       Over [$6,000] $12,000 but
    14          not over [$7,000] $14,000       [$63] $136
    15       Over [$7,000] $14,000 but
    16          not over [$8,000] $16,000       [$61] $132
    17       Over [$8,000] $16,000 but
    18          not over [$9,000] $18,000       [$59] $128
    19       Over [$9,000] $18,000 but
    20          not over [$10,000] $20,000      [$57] $123
    21       Over [$10,000] $20,000 but
    22          not over [$11,000] $22,000      [$55] $119
    23       Over [$11,000] $22,000 but
    24          not over [$12,000] $24,000      [$53] $115
    25       Over [$12,000] $24,000 but
    26          not over [$13,000] $26,000      [$51] $110
    27       Over [$13,000] $26,000 but
    28          not over [$14,000] $28,000      [$49] $106
    29       Over [$14,000] $28,000 but
    30          not over [$15,000] $30,000      [$47] $102
    31       Over [$15,000] $30,000 but
    32          not over [$16,000] $32,000      [$45] $97
    33       Over [$16,000] $32,000 but
    34          not over [$17,000] $34,000      [$43] $93
    35       Over [$17,000] $34,000 but
    36          not over [$18,000] $36,000      [$41] $89
    37    (4)  If a qualified taxpayer occupies a residence for a period of less
    38  than twelve months during the taxable year or occupies two or more resi-
    39  dences during different periods in such taxable year, the credit allowed
    40  pursuant to this subsection shall be computed in such manner as the [tax
    41  commission] commissioner may, by regulation, prescribe in order to prop-
    42  erly reflect the credit or portion thereof attributable  to  such  resi-
    43  dence or residences and such period or periods.
    44    (5)    The [tax commission] commissioner may prescribe that the credit
    45  under this subsection shall be determined in whole or in part by the use
    46  of tables prescribed by such [commission]  commissioner.    Such  tables
    47  shall set forth the credit to the nearest dollar.
    48    (6)  Only one credit per household and per qualified taxpayer shall be
    49  allowed  per  taxable  year  under  this  subsection.   When two or more
    50  members of a household are able to meet the qualifications for a  quali-
    51  fied taxpayer, the credit shall be equally divided between or among such
    52  individuals  unless  such  individuals  file  with  the [tax commission]
    53  commissioner a written agreement among such individuals setting forth  a
    54  different  division.   Where two or more members of a household are able
    55  to meet the qualifications of a qualified taxpayer and one  of  them  is
    56  sixty-five years of age or more or has a permanent and total disability,

        S. 1601--A                          7                          A. 939--A
     1  the credit which may be taken shall be the credit applicable to individ-
     2  uals who have attained the age of sixty-five years.
     3    (A)  Provided, however, where a joint income tax return has been filed
     4  pursuant to the provisions of section  six  hundred  fifty-one  of  this
     5  article  by  a  qualified  taxpayer and his or her spouse (or where both
     6  spouses are qualified taxpayers and have filed such joint  return),  the
     7  credit,  or  the  portion of the credit if divided, to which the husband
     8  and wife are entitled shall be applied against the tax of  both  spouses
     9  and any overpayment shall be made to both spouses.
    10    (B)  Where  any return required to be filed pursuant to the provisions
    11  of section six hundred fifty-one of this article is  combined  with  any
    12  return  of  tax imposed pursuant to the authority of this chapter or any
    13  other law if such tax is administered by the  [tax  commission]  commis-
    14  sioner,  the  credit or the portion of the credit if divided, allowed to
    15  the qualified taxpayer may be applied by the  [tax  commission]  commis-
    16  sioner toward any liability for the aforementioned taxes.
    17    (7)  No credit shall be granted under this subsection:
    18    (A)  If household gross income for the taxable year exceeds [eighteen]
    19  thirty-six thousand dollars.
    20    (B) To a property owner unless:  (i) the property is used for residen-
    21  tial purposes, (ii) not more than twenty percent of the  rental  income,
    22  if any, from the property is from rental for nonresidential purposes and
    23  (iii) the property is occupied as a residence in whole or in part by one
    24  or more of the owners of the property.
    25    (C) To a property owner who owns real property for over two years, the
    26  full  value  of  which exceeds [eighty-five thousand dollars] the median
    27  full value of residential real property sales within the county where it
    28  is located, as determined by the state board of real property  services,
    29  or  the  median full value of residential real property in the state, as
    30  determined by the state board of real property  services,  whichever  is
    31  less.
    32    (D)  To a tenant if the adjusted rent for the residence exceeds [four]
    33  eight hundred [fifty] dollars per month on average.
    34    (E) To an individual with respect to whom a deduction under subsection
    35  (c) of section one hundred fifty-one of the  internal  revenue  code  is
    36  allowable to another taxpayer for the taxable year.
    37    (F)  With  respect  to  a  residence that is wholly exempted from real
    38  property taxation.
    39    (G) To an individual who is not a resident individual of the state for
    40  the entire taxable year.
    41    (H) Where a household or qualified  taxpayer  has  claimed  an  earned
    42  income tax credit pursuant to this section.
    43    (I)  To an individual whose household gross income is more than eighty
    44  percent of the state median family income.
    45    (8)  The right to claim a credit or the portion  of  a  credit,  where
    46  such credit has been divided under this subsection, shall be personal to
    47  the  qualified taxpayer and shall not survive his or her death, but such
    48  right may be exercised on behalf of a claimant by his or her legal guar-
    49  dian or attorney in fact during his or her lifetime.
    50    (9)  Returns. If a qualified taxpayer is not required to file a return
    51  pursuant to section six hundred fifty-one of this article, a claim for a
    52  credit may be taken on a return filed with the [tax commission]  commis-
    53  sioner within three years from the time it would have been required that
    54  a  return  be  filed pursuant to such section had the qualified taxpayer
    55  had a taxable year ending on December thirty-first. Returns  under  this
    56  paragraph  shall  be  in  such  form  as shall be prescribed by the [tax

        S. 1601--A                          8                          A. 939--A

     1  commission] commissioner, which shall  make  available  such  forms  and
     2  instructions for filing such returns.
     3    (10)  Proof of claim.  The [tax commission] commissioner may require a
     4  qualified taxpayer to furnish the following information  in  support  of
     5  his  claim  for  credit under this subsection:   household gross income,
     6  rent paid, name and address of owner or managing agent of  the  property
     7  rented, real property taxes levied or that would have been levied in the
     8  absence  of an exemption from real property tax pursuant to section four
     9  hundred sixty-seven of the real property tax law, the names  of  members
    10  of the household and other qualifying taxpayers occupying the same resi-
    11  dence  and  their identifying numbers including social security numbers,
    12  household gross income, size and nature of property claimed as residence
    13  and all other information which may be required by the [tax  commission]
    14  commissioner to determine the credit.
    15    (11)   Administration.   The provisions of this article, including the
    16  provisions of section six hundred fifty-three, six hundred  fifty-eight,
    17  and  six hundred fifty-nine and the provisions of part six of this arti-
    18  cle relating to procedure and  administration,  including  the  judicial
    19  review  of the decisions of the [tax commission] commissioner, except so
    20  much of section six hundred eighty-seven of this article which permits a
    21  claim for credit or refund to be filed after the period provided for  in
    22  paragraph  nine  of  this  subsection  and  except  sections six hundred
    23  fifty-seven, six hundred eighty-eight and six hundred ninety-six of this
    24  article, shall apply to the provisions of this subsection  in  the  same
    25  manner  and  with  the same force and effect as if the language of those
    26  provisions had been incorporated in full into this  subsection  and  had
    27  expressly  referred  to  the  credit allowed or returns filed under this
    28  subsection, except to the extent  that  any  such  provision  is  either
    29  inconsistent  with  a provision of this subsection or is not relevant to
    30  this subsection.   As used in such sections  and  such  part,  the  term
    31  "taxpayer" shall include a qualified taxpayer under this subsection and,
    32  notwithstanding  the provisions of subsection (e) of section six hundred
    33  ninety-seven of this article, where a qualified taxpayer  has  protested
    34  the  denial  of a claim for credit under this subsection and the time to
    35  file a petition for redetermination of a deficiency or  for  refund  has
    36  not  expired,  he or she shall, subject to such conditions as may be set
    37  by the [tax commission] commissioner, receive such information (A) which
    38  is contained in any return filed under this article by a member  of  his
    39  or  her  household for the taxable year for which the credit is claimed,
    40  and (B) which the [tax commission] commissioner finds  is  relevant  and
    41  material  to  the  issue of whether such claim was properly denied.  The
    42  [tax commission] commissioner shall have  the  authority  to  promulgate
    43  such  rules  and  regulations  as  may  be necessary for the processing,
    44  determination and granting of credits and refunds under this subsection.
    45    (13)  Notwithstanding any other provision of this article, the  credit
    46  allowed  under  this  subsection  shall be determined after the determi-
    47  nation  and  application  of  any  other  credits  permitted  under  the
    48  provisions of this article.
    49    (14)  The  commissioner  [of  taxation  and  finance]  shall prepare a
    50  preliminary written report after July thirty-first and a  final  written
    51  report  after  December  thirty-first of each calendar year, which shall
    52  contain statistical information regarding  the  credits  granted  on  or
    53  before  such  dates  under  this  subsection  during such calendar year.
    54  Copies of these reports shall be submitted by such commissioner  to  the
    55  governor,  the  temporary  president  of  the senate, the speaker of the
    56  assembly, the chairman of the senate finance committee and the  chairman

        S. 1601--A                          9                          A. 939--A
     1  of the assembly ways and means committee within sixty days of July thir-
     2  ty-first  with  respect to the preliminary report, and within forty-five
     3  days of December thirty-first with respect to  the  final  report.  Such
     4  reports shall contain, but need not be limited to, the number of credits
     5  and the average amount of such credits allowed; and of those, the number
     6  of  credits  and the average amount of such credits allowed to qualified
     7  taxpayers in each county; and of those, the number of  credits  and  the
     8  average  amount  of  such  credits  allowed to qualified taxpayers whose
     9  household gross income falls within each of the household  gross  income
    10  ranges  set  forth  in paragraph three of this subsection; and of those,
    11  the number of credits and the average amount of such credits allowed  to
    12  qualified taxpayers whose credit amount falls within credit amount rang-
    13  es set forth in twenty-five dollar increments.
    14    §  2.  Paragraph 3 of subsection (e) of section 606 of the tax law, as
    15  amended by section one of this act, is amended to read as follows:
    16    (3)  Determination of credit.  (A) For qualified  taxpayers  who  have
    17  attained the age of sixty-five years or a permanent and total disability
    18  as defined in section twenty-two of the internal revenue code before the
    19  beginning  of or during the taxable year the amount of the credit allow-
    20  able under this subsection shall be fifty percent, or in the case  of  a
    21  qualified  taxpayer  who  has  elected  to  include an additional amount
    22  pursuant to subparagraph (E) of paragraph one of this subsection,  twen-
    23  ty-five  percent,  of the excess of real property taxes or the excess of
    24  real property tax equivalent determined as follows:
    25                                          Excess real property taxes are
    26                                          the excess of real property tax
    27                                          equivalent or the excess of
    28       If household gross                 qualifying real property taxes
    29       income for the                     over the following percentage of
    30       taxable year is:                   household gross income:
    31       ___________________                __________________________________
    32       $6,000 or less                     3 1/2
    33       Over $6,000 but not
    34          over $10,000                    4
    35       Over $10,000 but not
    36          over $14,000                    4 1/2
    37       Over $14,000 but not
    38          over $18,000                    5
    39       Over $18,000 but not
    40          over $22,000                    5 1/2
    41       Over $22,000 but not
    42          over $28,000                    6
    43       Over $28,000 but not
    44          over $36,000                    6 1/2
    45    Notwithstanding the foregoing provisions, the  maximum  credit  deter-
    46  mined  under  this  subparagraph may not exceed the amount determined in
    47  accordance with the following table:
    48       If household gross                 The maximum
    49       income for the                     credit is:
    50       taxable year is:
    51       ___________________                __________________________________
    52       $2,000 or less                     [$463] $550
    53       Over $2,000 but
    54          not over $4,000                 [$442] $525
    55       Over $4,000 but

        S. 1601--A                         10                          A. 939--A
     1          not over $6,000                 [$421] $500
     2       Over $6,000 but
     3          not over $8,000                 [$400] $475
     4       Over $8,000 but
     5          not over $10,000                [$379] $450
     6       Over $10,000 but
     7          not over $12,000                [$358] $425
     8       Over $12,000 but
     9          not over $14,000                [$337] $400
    10       Over $14,000 but
    11          not over $16,000                [$316] $375
    12       Over $16,000 but
    13          not over $18,000                [$295] $350
    14       Over $18,000 but
    15          not over $20,000                [$274] $325
    16       Over $20,000 but
    17          not over $22,000                [$253] $300
    18       Over $22,000 but
    19          not over $24,000                [$232] $275
    20       Over $24,000 but
    21          not over $26,000                [$211] $250
    22       Over $26,000 but
    23          not over $28,000                [$190] $225
    24       Over $28,000 but
    25          not over $30,000                [$169] $200
    26       Over $30,000 but
    27          not over $32,000                [$148] $175
    28       Over $32,000 but
    29          not over $34,000                [$127] $150
    30       Over $34,000 but
    31          not over $36,000                [$106] $125
    32    (B)  For all other qualified taxpayers the amount of the credit allow-
    33  able under this subsection shall be fifty percent of excess real proper-
    34  ty taxes or the excess of the real property tax equivalent determined as
    35  follows:
    36                                          Excess real property taxes are
    37                                          the excess of real property tax
    38                                          equivalent or the excess of
    39       If household gross                 qualifying real property taxes
    40       income for the                     over the following percentage of
    41       taxable year is:                   household gross income:
    42       ___________________                __________________________________
    43       $6,000 or less                     3 1/2
    44       Over $6,000 but not
    45          over $10,000                    4
    46       Over  $10,000 but not
    47          over $14,000                    4 1/2
    48       Over  $14,000 but not
    49          over  $18,000                   5
    50       Over $18,000 but not
    51          over $22,000                    5 1/2
    52       Over $22,000 but not
    53          over  $28,000                   6
    54       Over $28,000 but not
    55          over $36,000                    6 1/2

        S. 1601--A                         11                          A. 939--A
     1    Notwithstanding the foregoing provisions, the  maximum  credit  deter-
     2  mined  under  this  subparagraph may not exceed the amount determined in
     3  accordance with the following table:
     4       If household gross                 The maximum
     5       income for the                     credit is:
     6       taxable year is:
     7       ___________________                __________________________________
     8       $2,000 or less                     [$163] $250
     9       Over $2,000 but
    10          not over $4,000                 [$158] $243
    11       Over $4,000 but
    12          not over $6,000                 [$154] $237
    13       Over $6,000 but
    14          not over $8,000                 [$149] $230
    15       Over $8,000 but
    16          not over $10,000                [$145] $223
    17       Over $10,000 but
    18          not over $12,000                [$140] $217
    19       Over $12,000 but
    20          not over $14,000                [$136] $210
    21       Over $14,000 but
    22          not over $16,000                [$132] $203
    23       Over $16,000 but
    24          not over $18,000                [$128] $197
    25       Over $18,000 but
    26          not over $20,000                [$123] $190
    27       Over $20,000 but
    28          not over $22,000                [$119] $183
    29       Over $22,000 but
    30          not over $24,000                [$115] $177
    31       Over $24,000 but
    32          not over $26,000                [$110] $170
    33       Over $26,000 but
    34          not over $28,000                [$106] $163
    35       Over $28,000 but
    36          not over $30,000                [$102] $157
    37       Over $30,000 but
    38          not over $32,000                [$97] $150
    39       Over $32,000 but
    40          not over $34,000                [$93] $143
    41       Over $34,000 but
    42          not over $36,000                [$89] $137
    43    §  3.  This act shall take effect immediately; provided, however, that
    44  section two of this act shall take effect January 1, 2020.