Bill Text: NY A01702 | 2019-2020 | General Assembly | Introduced
Bill Title: Extends eligibility for the agricultural property tax credit to farmers having a leasehold interest of not fewer than five continuous years in qualified agricultural property.
Spectrum: Strong Partisan Bill (Republican 13-1)
Status: (Introduced - Dead) 2020-07-17 - held for consideration in ways and means [A01702 Detail]
Download: New_York-2019-A01702-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1702 2019-2020 Regular Sessions IN ASSEMBLY January 16, 2019 ___________ Introduced by M. of A. HAWLEY, CROUCH, McDONOUGH, PALMESANO, DiPIETRO -- Multi-Sponsored by -- M. of A. FINCH, KOLB, RAIA, THIELE -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to the eligibility of farmers leasing land for the agricultural property tax credit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 11 of section 210-B 2 of the tax law, as added by section 17 of part A of chapter 59 of the 3 laws of 2014, are amended to read as follows: 4 (a) General. In the case of a taxpayer which is an eligible farmer 5 [or], an eligible farmer [who] which has paid taxes pursuant to a land 6 contract or an eligible farmer which has a leasehold interest of not 7 fewer than five continuous years as a lessee of qualified agricultural 8 property, there shall be allowed a credit for the allowable school 9 district property taxes. The term "allowable school district property 10 taxes" means the school district property taxes paid during the taxable 11 year on qualified agricultural property, subject to the acreage limita- 12 tion provided in paragraph (e) of this subdivision and the income limi- 13 tation provided in paragraph (f) of this subdivision. 14 (b) Eligible farmer. For purposes of this subdivision, the term 15 "eligible farmer" means a taxpayer whose federal gross income from farm- 16 ing for the taxable year is at least two-thirds of excess federal gross 17 income. The term "eligible farmer" also includes a corporation other 18 than the taxpayer of record for qualified agricultural land which has 19 paid the school district property taxes on such land or which has a 20 leasehold interest of not fewer than five continuous years as a lessee 21 of such land pursuant to a contract for the future purchase of such 22 land; provided that such corporation has a federal gross income from 23 farming for the taxable year which is at least two-thirds of excess 24 federal gross income; and provided further that, in determining such 25 income eligibility, a taxpayer may, for any taxable year, use the aver- 26 age of such federal gross income from farming for that taxable year and 27 such income for the two consecutive taxable years immediately preceding EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02077-01-9A. 1702 2 1 such taxable year. Excess federal gross income means the amount of 2 federal gross income from all sources for the taxable year in excess of 3 thirty thousand dollars. For the purposes of this paragraph, payments 4 from the state's farmland protection program, administered by the 5 department of agriculture and markets, shall be included as federal 6 gross income from farming for otherwise eligible farmers. 7 § 2. Paragraphs 1 and 2 of subsection (n) of section 606 of the tax 8 law, paragraph 1 as amended by chapter 315 of the laws of 1998 and para- 9 graph 2 as amended by chapter 297 of the laws of 2010, are amended to 10 read as follows: 11 (1) General. In the case of a taxpayer who is an eligible farmer [or], 12 an eligible farmer who has paid taxes pursuant to a land contract, or an 13 eligible farmer who has a leasehold interest of not fewer than five 14 continuous years as a lessee of qualified agricultural property, there 15 shall be allowed a credit for the allowable school district property 16 taxes. The term "allowable school district property taxes" means the 17 school district property taxes paid during the taxable year on qualified 18 agricultural property, subject to the acreage limitation provided in 19 paragraph five of this subsection and the income limitation provided in 20 paragraph six of this subsection. Such credit shall be allowed against 21 the taxes imposed by this article for the taxable year reduced by the 22 credits permitted by this article. If the credit exceeds the tax as so 23 reduced, the taxpayer may receive, and the comptroller, subject to a 24 certificate of the commissioner, shall pay as an overpayment, without 25 interest, the amount of such excess. 26 (2) Eligible farmer. For purposes of this subsection, the term "eligi- 27 ble farmer" means a taxpayer whose federal gross income from farming for 28 the taxable year is at least two-thirds of excess federal gross income. 29 The term "eligible farmer" also includes an individual other than the 30 taxpayer of record for qualified agricultural land who has paid the 31 school district property taxes on such land pursuant to a contract for 32 the future purchase of such land or who has a leasehold interest of not 33 fewer than five continuous years as a lessee of such land; provided that 34 such individual has a federal gross income from farming for the taxable 35 year which is at least two-thirds of excess federal gross income; and 36 provided further that, in determining such income eligibility, a taxpay- 37 er may, for any taxable year, use the average of such federal gross 38 income from farming for that taxable year and such income for the two 39 consecutive taxable years immediately preceding such taxable year. 40 Excess federal gross income means the amount of federal gross income 41 from all sources for the taxable year reduced by the sum (not to exceed 42 thirty thousand dollars) of those items included in federal gross income 43 which consist of (i) earned income, (ii) pension payments, including 44 social security payments, (iii) interest, and (iv) dividends. For 45 purposes of this paragraph, the term "earned income" [shall mean] means 46 wages, salaries, tips and other employee compensation, and those items 47 of gross income which are includible in the computation of net earnings 48 from self-employment. For the purposes of this paragraph, payments from 49 the state's farmland protection program, administered by the department 50 of agriculture and markets, shall be included as federal gross income 51 from farming for otherwise eligible farmers. 52 § 3. This act shall take effect immediately and shall apply to taxable 53 years commencing on or after January 1, 2021. Effective immediately the 54 addition, amendment and/or repeal of any rule or regulation necessary 55 for the implementation of this act on its effective date are authorized 56 to be made on or before such date.
