Bill Text: NY A01239 | 2017-2018 | General Assembly | Amended
Bill Title: Repeals provisions relating to the elimination of the personal income tax deduction for percentage depletion and makes technical corrections.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-02-15 - print number 1239a [A01239 Detail]
Download: New_York-2017-A01239-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1239--A 2017-2018 Regular Sessions IN ASSEMBLY January 11, 2017 ___________ Introduced by M. of A. CUSICK, SCHIMMINGER, WALTER -- 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 and the administrative code of the city of New York, in relation to making technical corrections thereto; to repeal subsection (i) of section 612 of the tax law relating to the elimination of the personal income tax deduction for percentage depletion; and to repeal certain provisions of the tax law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (i) of section 612 of the tax law is REPEALED. 2 § 2. Subdivision (i) of section 11-1712 of the administrative code of 3 the city of New York, as amended by chapter 333 of the laws of 1987, is 4 amended to read as follows: 5 (i) In the case of mines, oil and gas wells and other natural depos- 6 its, any allowance for percentage depletion pursuant to section six 7 hundred thirteen or section six hundred thirteen A of the internal 8 revenue code shall be added to federal adjusted gross income. However, 9 with respect to the property as to which such addition to federal 10 adjusted gross income is required, an allowance for depletion shall be 11 subtracted from federal adjusted gross income in the amount that would 12 be deductible under section six hundred eleven of such code if the 13 deduction for an allowance for depletion were computed without reference 14 to such section six hundred thirteen or section six hundred thirteen A. 15 [With respect to the computation of depletion pursuant to this subdivi-16sion, the basis for such computation shall be the basis for state income17tax purposes provided for in subsection (i) of section six hundred18twelve of the tax law.] The portion of any gain from the sale or other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00461-03-8A. 1239--A 2 1 disposition of such property having a higher adjusted basis for city 2 income tax purposes than for federal income tax purposes, that does not 3 exceed such difference in basis, shall be subtracted from federal 4 adjusted gross income. 5 § 3. Paragraph 10 of subsection (b) of section 612 of the tax law is 6 REPEALED. 7 § 4. Paragraph 13 of subsection (c) of section 612 of the tax law is 8 REPEALED. 9 § 5. Subsection 4 of section 618 of the tax law, as amended by section 10 9 of part C of chapter 25 of the laws of 2009, is amended to read as 11 follows: 12 (4) There shall be added or subtracted (as the case may be) the 13 modifications described in paragraphs (6)[, (10)], (17), (18), (19), 14 (20), (21), (22), (23), (24), (25), (26), (27), (29), (38) and (39) of 15 subsection (b) and in paragraphs (11)[, (13)], (15), [(19),] (20), (21), 16 (22), (23), (24), (25), (26) and (28) of subsection (c) of section six 17 hundred twelve of this part. 18 § 6. Subsection 4 of section 618 of the tax law, as separately amended 19 by section 5 of part HH-1 of chapter 57 of the laws of 2008 and section 20 9 of part C of chapter 25 of the laws of 2009, is amended to read as 21 follows: 22 (4) There shall be added or subtracted (as the case may be) the 23 modifications described in paragraphs (6)[, (10)], (17), (18), (19), 24 (20), (21), (22), (23), (24), (25), (26), (27), [(28),] (29), (38) and 25 (39) of subsection (b) and in paragraphs (11)[, (13)], (15), [(19),] 26 (20), (21), (22), (23), (24), (25), (26) and (28) of subsection (c) of 27 section six hundred twelve of this part. 28 § 7. This act shall take effect immediately and shall apply to all 29 taxable years beginning on or after January 1, 2018; provided that the 30 amendments to subsection 4 of section 618 of the tax law made by section 31 five of this act shall be subject to the expiration and reversion of 32 such subdivision pursuant to section 8 of chapter 782 of the laws of 33 1988, as amended, when upon such date the provisions of section six of 34 this act shall take effect.