Bill Text: NY A02039 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a Co-STAR tax program for senior citizens and farmers.
Sponsorship: Strong Partisan Bill (Republican 18-1)
Status: (Introduced - Dead) 2012-01-04 - referred to real property taxation [A02039 Detail]
Download: New_York-2011-A02039-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2039
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. TEDISCO, CROUCH, BURLING, RAIA -- Multi-Sponsored
by -- M. of A. BARCLAY, BUTLER, CALHOUN, CONTE, FINCH, GIGLIO, KOLB,
McDONOUGH, OAKS, RABBITT, REILICH, SALADINO, SAYWARD, THIELE -- read
once and referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, the tax law, the administra-
tive code of the city of New York and the state finance law, in
relation to establishing a Co-STAR program for seniors and farmers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The real property tax law is amended by adding two new
2 sections 425-b and 425-c to read as follows:
3 S 425-B. CO-STAR PROGRAM FOR SENIOR CITIZENS. 1. GENERALLY. WHEN REAL
4 PROPERTY RECEIVES THE ENHANCED STAR EXEMPTION FROM SCHOOL DISTRICT TAXA-
5 TION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE, THE
6 PROPERTY SHALL BE DESIGNATED AS ELIGIBLE FOR A CO-STAR ASSESSMENT ON THE
7 SAME ASSESSMENT ROLL IN THE MANNER PROVIDED BY THIS SECTION, AND THE
8 QUALIFIED OWNER-APPLICANT OR OWNER-APPLICANTS SHALL BE ENTITLED TO A
9 COUNTY TAX REBATE IN THE AMOUNT AND MANNER PROVIDED BY SECTION ONE
10 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW. NO SEPARATE APPLICATION NEED BE
11 FILED FOR SUCH CO-STAR ASSESSMENT OR REBATE.
12 2. CO-STAR ASSESSMENTS. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)
13 OF THIS SUBDIVISION, THE CO-STAR ASSESSMENT FOR EACH ELIGIBLE PARCEL
14 SHALL BE EQUAL TO THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE
15 ENHANCED STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE
16 OF THIS TITLE FOR THE ASSESSING UNIT IN WHICH THE PARCEL IS LOCATED.
17 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
18 SION, IN NO EVENT SHALL THE CO-STAR ASSESSMENT OF A PARCEL EXCEED THE
19 TAXABLE ASSESSED VALUE OF THAT PARCEL FOR COUNTY PURPOSES.
20 3. ENTRY ON ASSESSMENT ROLL; EFFECT. EACH PARCEL WHICH IS ELIGIBLE FOR
21 A CO-STAR ASSESSMENT SHALL BE DESIGNATED AS SUCH BY THE ASSESSOR ON THE
22 ASSESSMENT ROLL, PROVIDED, HOWEVER, THAT A CO-STAR ASSESSMENT SHALL NOT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02009-01-1
A. 2039 2
1 AFFECT THE TOTAL OR TAXABLE ASSESSED VALUE OF ANY PARCEL FOR ANY
2 PURPOSE, AND SHALL NOT BE CONSIDERED WHEN DETERMINING THE TAX RATE OF
3 ANY COUNTY OR FOR ANY PURPOSE OTHER THAN DETERMINING THE REBATE TO WHICH
4 THE OWNER-APPLICANT OR OWNER-APPLICANTS ARE ENTITLED UNDER SECTION ONE
5 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
6 4. PAYMENT OF CO-STAR REBATES. THE COMMISSIONER OF TAXATION AND
7 FINANCE SHALL PAY CO-STAR REBATES IN THE MANNER PROVIDED BY SECTION ONE
8 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
9 5. FAILURE TO PAY COUNTY TAXES. IF THE COUNTY TAXES ON AN ELIGIBLE
10 PARCEL ARE NOT PAID IN FULL DURING THE APPLICABLE COUNTY FISCAL YEAR,
11 THE OWNER-APPLICANT OR OWNER-APPLICANTS SHALL BE SUBJECT TO THE CONSE-
12 QUENCES SPECIFIED IN SUBDIVISION SIX OF SECTION ONE HUNDRED SEVENTY-SEV-
13 EN-A OF THE TAX LAW, IN ADDITION TO SUCH OTHER CONSEQUENCES AS MAY BE
14 PROVIDED BY LAW.
15 6. EXCEPTIONS. (A) COOPERATIVE APARTMENT UNITS AND MOBILE HOMES. WHEN
16 AN ENHANCED STAR EXEMPTION IS GRANTED PURSUANT TO PARAGRAPH (K) OF
17 SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE IN
18 RELATION TO A COOPERATIVE APARTMENT UNIT, OR PURSUANT TO PARAGRAPH (L)
19 OF SUCH SUBDIVISION IN RELATION TO A MOBILE HOME WHICH IS SEPARATELY
20 OWNED FROM BUT ASSESSED WITH THE LAND ON WHICH IT IS LOCATED, AND SUCH
21 COOPERATIVE APARTMENT UNIT OR MOBILE HOME IS ALSO ELIGIBLE FOR A CO-STAR
22 ASSESSMENT PURSUANT TO THIS SECTION, THE CO-STAR REBATE SHALL BE PAID
23 DIRECTLY TO THE QUALIFIED OWNER-APPLICANT OR OWNER-APPLICANTS NOTWITH-
24 STANDING THE FACT THAT THE STAR EXEMPTION APPLIES TO THE PARCEL ITSELF.
25 THE ASSESSOR SHALL PREPARE A LIST OR DATA FILE IDENTIFYING SUCH
26 OWNER-APPLICANT OR OWNER-APPLICANTS, THEIR MAILING ADDRESSES, AND THE
27 TAXABLE ASSESSED VALUE FOR COUNTY PURPOSES ATTRIBUTABLE TO THEIR RESPEC-
28 TIVE COOPERATIVE APARTMENT UNITS OR MOBILE HOMES, AND SHALL SUBMIT THE
29 SAME TO THE STATE BOARD WITHIN THIRTY DAYS AFTER THE COMPLETION OF THE
30 FINAL ASSESSMENT ROLL. SUCH LIST OR DATA FILE SHALL BE PREPARED IN SUCH
31 FORM AND MANNER AS MAY BE PRESCRIBED BY THE STATE BOARD IN CONSULTATION
32 WITH THE DEPARTMENT OF TAXATION AND FINANCE.
33 (B) COUNTIES IN CERTAIN CITIES. IN THE CASE OF A COUNTY LOCATED WHOLLY
34 WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS, THE
35 CO-STAR ASSESSMENT ASSOCIATED WITH EACH ELIGIBLE PARCEL SHALL BE EQUAL
36 TO FIFTY PERCENT OF THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE
37 ENHANCED STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE
38 OF THIS TITLE FOR SUCH CITY AFTER THE ADJUSTMENT REQUIRED BY PARAGRAPH
39 (J) OF SUBDIVISION TWO OF SUCH SECTION.
40 7. CORRECTION OF AN INCORRECT ENTRY. AN INCORRECT ENTRY ON AN ASSESS-
41 MENT ROLL OF A CO-STAR ASSESSMENT MAY BE CORRECTED IN THE MANNER
42 PROVIDED BY LAW FOR THE CORRECTION OF AN INCORRECT ENTRY OF THE STAR
43 EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE.
44 A DENIAL OF A CO-STAR ASSESSMENT SHALL BE SUBJECT TO ADMINISTRATIVE AND
45 JUDICIAL REVIEW IN THE MANNER PROVIDED BY LAW FOR THE REVIEW OF ASSESS-
46 MENTS.
47 8. INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION SHALL
48 APPLY TO ALL ASSESSING UNITS, EXCLUDING VILLAGE ASSESSING UNITS AND
49 CITIES WITHIN A COUNTY ASSESSING UNIT, AND TO ALL COUNTIES, NOTWITH-
50 STANDING ANY PROVISION OF LAW TO THE CONTRARY.
51 S 425-C. CO-STAR PROGRAM FOR FARMERS. 1. GENERALLY. WHEN REAL PROPERTY
52 IS THE PRIMARY RESIDENCE OF AN ELIGIBLE FARMER AS DEFINED IN THIS
53 SECTION AND THE REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED,
54 THE PROPERTY SHALL BE DESIGNATED AS ELIGIBLE FOR A CO-STAR ASSESSMENT IN
55 THE MANNER PROVIDED BY THIS SECTION, AND THE QUALIFIED OWNER-APPLICANT
56 OR OWNER-APPLICANTS SHALL BE ENTITLED TO A COUNTY TAX REBATE IN THE
A. 2039 3
1 AMOUNT AND MANNER PROVIDED BY SECTION ONE HUNDRED SEVENTY-SEVEN-A OF THE
2 TAX LAW.
3 2. CO-STAR ASSESSMENTS. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)
4 OF THIS SUBDIVISION, THE CO-STAR ASSESSMENT FOR EACH ELIGIBLE PARCEL
5 SHALL BE EQUAL TO THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE BASIC
6 STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS
7 TITLE FOR THE ASSESSING UNIT IN WHICH THE PARCEL IS LOCATED.
8 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
9 SION, IN NO EVENT SHALL THE CO-STAR ASSESSMENT OF A PARCEL EXCEED THE
10 TAXABLE ASSESSED VALUE OF THAT PARCEL FOR COUNTY PURPOSES.
11 3. ELIGIBILITY REQUIREMENTS. TO BE DESIGNATED AS ELIGIBLE FOR A
12 CO-STAR ASSESSMENT PURSUANT TO THIS SECTION, THE PROPERTY MUST BE
13 RECEIVING THE BASIC STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED
14 TWENTY-FIVE OF THIS TITLE ON THE SAME ASSESSMENT ROLL, AND MUST BE OWNED
15 BY, AND SERVE AS THE PRIMARY RESIDENCE OF, AN ELIGIBLE FARMER AS DEFINED
16 IN THIS SECTION. PROVIDED, HOWEVER, THAT A PARCEL WHICH RECEIVES A
17 CO-STAR ASSESSMENT PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE-A OF
18 THIS TITLE MAY NOT ALSO RECEIVE A CO-STAR ASSESSMENT PURSUANT TO THIS
19 SECTION ON THE SAME ASSESSMENT ROLL.
20 4. ELIGIBLE FARMERS. FOR PURPOSES OF THIS SECTION, A PERSON IS AN
21 ELIGIBLE FARMER IF HE OR SHE SATISFIES ONE OR MORE OF THE FOLLOWING
22 CONDITIONS:
23 (A) HE OR SHE IS ELIGIBLE FOR AND HAS CLAIMED THE AGRICULTURAL PROPER-
24 TY TAX CREDIT AUTHORIZED BY SUBSECTION (N) OF SECTION SIX HUNDRED SIX OF
25 THE TAX LAW, COMMONLY KNOWN AS THE FARMERS' SCHOOL TAX CREDIT, ON HIS OR
26 HER NEW YORK STATE PERSONAL INCOME TAX RETURN FOR THE INCOME TAX YEAR
27 IDENTIFIED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF
28 SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE, PROVIDED THAT NOTHING
29 CONTAINED HEREIN SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE ASSESSOR
30 TO VERIFY AN APPLICANT'S ELIGIBILITY FOR SUCH CREDIT; OR
31 (B) HE OR SHE OWNS A SUBSTANTIAL INTEREST IN LAND WHICH RECEIVES, OR
32 WHICH IS ELIGIBLE TO RECEIVE, AN AGRICULTURAL ASSESSMENT PURSUANT TO
33 SECTION THREE HUNDRED FIVE OR THREE HUNDRED SIX OF THE AGRICULTURE AND
34 MARKETS LAW ON THE CURRENT ASSESSMENT ROLL. SUCH LAND NEED NOT BE
35 LOCATED IN THE SAME ASSESSING UNIT AS THE ELIGIBLE FARMER'S PRIMARY
36 RESIDENCE. FOR PURPOSES OF THIS SECTION, A PERSON OWNS A SUBSTANTIAL
37 INTEREST IN SUCH LAND IF HE OR SHE, OR HIS OR HER SPOUSE:
38 (I) INDIVIDUALLY OWNS, OR OWNS JOINTLY WITH HIS OR HER SPOUSE, AT
39 LEAST A TWENTY-FIVE PERCENT INTEREST IN SUCH LAND;
40 (II) IS A PARTNER, WITH AT LEAST A TWENTY-FIVE PERCENT INTEREST, IN A
41 PARTNERSHIP WHICH OWNS SUCH LAND; OR
42 (III) OWNS AT LEAST TWENTY-FIVE PERCENT OF THE STOCK OF A CORPORATION
43 WHICH OWNS SUCH LAND.
44 5. APPLICATION PROCEDURE. (A) GENERALLY. AN ELIGIBLE FARMER MUST FILE
45 AN APPLICATION FOR A CO-STAR ASSESSMENT WITH THE ASSESSOR EACH YEAR ON
46 OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE. EACH SUCH APPLICATION
47 SHALL BE MADE ONLY ON A FORM PRESCRIBED OR APPROVED BY THE STATE BOARD;
48 PROVIDED, THAT EFFECTIVE WITH THE TWO THOUSAND ELEVEN ASSESSMENT ROLL,
49 THE APPLICATION FORM FOR THE AGRICULTURAL ASSESSMENT SHALL BE DESIGNED
50 SO THAT IT MAY ALSO SERVE AS AN APPLICATION FOR A CO-STAR ASSESSMENT
51 PURSUANT TO THIS SECTION, WHERE APPROPRIATE.
52 (B) APPROVAL OR DENIAL OF APPLICATION. IF THE ASSESSOR IS SATISFIED
53 THAT A PARCEL IS ENTITLED TO A CO-STAR ASSESSMENT PURSUANT TO THIS
54 SECTION, HE OR SHE SHALL APPROVE THE APPLICATION. IF THE ASSESSOR DETER-
55 MINES THAT A PARCEL IS NOT ENTITLED TO A CO-STAR ASSESSMENT, HE OR SHE
56 SHALL, NOT LATER THAN TEN DAYS PRIOR TO THE DATE FOR HEARING COMPLAINTS
A. 2039 4
1 IN RELATION TO ASSESSMENTS, MAIL TO THE APPLICANT A NOTICE OF DENIAL OF
2 THAT APPLICATION FOR THE CO-STAR ASSESSMENT FOR THAT YEAR; EXCEPT IN A
3 CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS, SUCH NOTICE
4 SHALL BE MAILED NOT LATER THAN THIRTY DAYS PRIOR TO THE FINAL DATE FOR
5 FILING AN ASSESSMENT APPEAL. THE NOTICE OF DENIAL SHALL SPECIFY EACH
6 REASON FOR SUCH DENIAL AND SHALL BE SENT ON A FORM PRESCRIBED BY THE
7 STATE BOARD. FAILURE TO MAIL ANY SUCH NOTICE OF DENIAL OR THE FAILURE
8 OF ANY PERSON TO RECEIVE SUCH NOTICE SHALL NOT PREVENT THE LEVY,
9 COLLECTION AND ENFORCEMENT OF THE TAXES ON PROPERTY OWNED BY SUCH
10 PERSON.
11 (C) CONFIDENTIALITY. ANY INFORMATION OR DOCUMENTATION SUBMITTED WITH
12 THE APPLICATION TO VERIFY THAT THE APPLICANT HAS CLAIMED THE AGRICUL-
13 TURAL PROPERTY TAX CREDIT AUTHORIZED BY SUBSECTION (N) OF SECTION SIX
14 HUNDRED SIX OF THE TAX LAW, COMMONLY KNOWN AS THE FARMERS' SCHOOL TAX
15 CREDIT, SHALL BE DEEMED CONFIDENTIAL, AND THE ASSESSOR, ANY MUNICIPAL
16 OFFICER OR MUNICIPAL EMPLOYEES ARE PROHIBITED FROM DISCLOSING ANY SUCH
17 INFORMATION, EXCEPT FOR ANY DISCLOSURE NECESSARY IN THE PERFORMANCE OF
18 THEIR OFFICIAL DUTIES. ANY UNAUTHORIZED DISCLOSURE OF SUCH INFORMATION
19 SHALL BE DEEMED A VIOLATION OF SECTION EIGHT HUNDRED FIVE-A OF THE
20 GENERAL MUNICIPAL LAW.
21 6. ENTRY ON ASSESSMENT ROLL; EFFECT. EACH PARCEL WHICH IS ELIGIBLE FOR
22 A CO-STAR ASSESSMENT SHALL BE IDENTIFIED AS SUCH BY THE ASSESSOR ON THE
23 ASSESSMENT ROLL, PROVIDED, HOWEVER, THAT A CO-STAR ASSESSMENT SHALL NOT
24 AFFECT THE TOTAL OR TAXABLE ASSESSED VALUE OF ANY PARCEL FOR ANY
25 PURPOSE, AND SHALL NOT BE CONSIDERED WHEN DETERMINING THE TAX RATE OF
26 ANY COUNTY OR FOR ANY PURPOSE OTHER THAN DETERMINING THE REBATE TO WHICH
27 THE OWNER-APPLICANT OR OWNER-APPLICANTS ARE ENTITLED UNDER SECTION ONE
28 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
29 7. PAYMENT OF CO-STAR REBATES. THE COMMISSIONER OF TAXATION AND
30 FINANCE SHALL PAY CO-STAR REBATES IN THE MANNER PROVIDED BY SECTION ONE
31 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
32 8. FAILURE TO PAY COUNTY TAXES. IF THE COUNTY TAXES ON AN ELIGIBLE
33 PARCEL ARE NOT PAID IN FULL DURING THE APPLICABLE COUNTY FISCAL YEAR,
34 THE OWNER-APPLICANT OR OWNER-APPLICANTS SHALL BE SUBJECT TO THE CONSE-
35 QUENCES SPECIFIED IN SUBDIVISION SIX OF SECTION ONE HUNDRED SEVENTY-SEV-
36 EN-A OF THE TAX LAW, IN ADDITION TO SUCH OTHER CONSEQUENCES AS MAY BE
37 PROVIDED BY LAW.
38 9. EXCEPTIONS. (A) COOPERATIVE APARTMENT UNITS AND MOBILE HOMES. WHEN
39 A STAR EXEMPTION IS GRANTED PURSUANT TO PARAGRAPH (K) OF SUBDIVISION TWO
40 OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE IN RELATION TO A COOP-
41 ERATIVE APARTMENT UNIT, OR PURSUANT TO PARAGRAPH (L) OF SUCH SUBDIVISION
42 IN RELATION TO A MOBILE HOME WHICH IS SEPARATELY OWNED FROM BUT ASSESSED
43 WITH THE LAND ON WHICH IT IS LOCATED, AND SUCH COOPERATIVE APARTMENT
44 UNIT OR MOBILE HOME IS ALSO ELIGIBLE FOR A CO-STAR ASSESSMENT PURSUANT
45 TO THIS SECTION, THE CO-STAR REBATE SHALL BE PAID DIRECTLY TO THE QUALI-
46 FIED OWNER-APPLICANT OR OWNER-APPLICANTS NOTWITHSTANDING THE FACT THAT
47 THE STAR EXEMPTION APPLIES TO THE PARCEL ITSELF. THE ASSESSOR SHALL
48 PREPARE A LIST OR DATA FILE IDENTIFYING SUCH OWNER-APPLICANT OR
49 OWNER-APPLICANTS, THEIR MAILING ADDRESSES, AND THE TAXABLE ASSESSED
50 VALUE FOR COUNTY PURPOSES ATTRIBUTABLE TO THEIR RESPECTIVE COOPERATIVE
51 APARTMENT UNITS OR MOBILE HOMES, AND SHALL SUBMIT THE SAME TO THE STATE
52 BOARD WITHIN THIRTY DAYS AFTER THE COMPLETION OF THE FINAL ASSESSMENT
53 ROLL. SUCH LIST OR DATA FILE SHALL BE PREPARED IN SUCH FORM AND MANNER
54 AS MAY BE PRESCRIBED BY THE STATE BOARD OF REAL PROPERTY SERVICES IN
55 CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE.
A. 2039 5
1 (B) COUNTIES IN CERTAIN CITIES. IN THE CASE OF A COUNTY LOCATED WHOLLY
2 WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS, THE
3 CO-STAR ASSESSMENT ASSOCIATED WITH EACH ELIGIBLE PARCEL SHALL BE EQUAL
4 TO FIFTY PERCENT OF THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE
5 BASIC STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF
6 THIS TITLE FOR SUCH CITY AFTER THE ADJUSTMENT REQUIRED BY PARAGRAPH (J)
7 OF SUBDIVISION TWO OF SUCH SECTION.
8 10. CORRECTION OF AN INCORRECT ENTRY. AN INCORRECT ENTRY ON AN
9 ASSESSMENT ROLL OF A CO-STAR ASSESSMENT MAY BE CORRECTED IN THE MANNER
10 PROVIDED BY LAW FOR THE CORRECTION OF AN INCORRECT ENTRY OF THE STAR
11 EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE.
12 A DENIAL OF A CO-STAR ASSESSMENT SHALL BE SUBJECT TO ADMINISTRATIVE AND
13 JUDICIAL REVIEW IN THE MANNER PROVIDED BY LAW FOR THE REVIEW OF ASSESS-
14 MENTS.
15 11. INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION SHALL
16 APPLY TO ALL ASSESSING UNITS, EXCLUDING VILLAGE ASSESSING UNITS AND
17 CITIES WITHIN A COUNTY ASSESSING UNIT, AND TO ALL COUNTIES, NOTWITH-
18 STANDING ANY PROVISION OF LAW TO THE CONTRARY.
19 S 2. The tax law is amended by adding a new section 177-a to read as
20 follows:
21 S 177-A. CO-STAR TAX REBATES. 1. PAYMENT OF REBATES. THE COMMISSIONER
22 SHALL PAY CO-STAR TAX REBATES, AS PROVIDED IN SECTION FOUR HUNDRED TWEN-
23 TY-FIVE-B AND SECTION FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY
24 TAX LAW, TO AUTHORIZED PAYEES AS DEFINED IN THIS SECTION. THE AMOUNT OF
25 EACH SUCH REBATE SHALL EQUAL THE CO-STAR ASSESSMENT ASSOCIATED WITH THE
26 PARCEL IN QUESTION MULTIPLIED BY THE APPLICABLE COUNTY TAX RATE. SUCH
27 PAYMENTS SHALL BE MADE AS PROMPTLY AS POSSIBLE FOLLOWING RECEIPT OF THE
28 PAYEE IDENTIFICATION AND OTHER INFORMATION SPECIFIED IN THIS SECTION,
29 SUBJECT TO APPROPRIATION BY THE STATE LEGISLATURE. THE COMMISSIONER AND
30 THE EXECUTIVE DIRECTOR OF THE STATE OFFICE OF REAL PROPERTY SERVICES
31 SHALL JOINTLY DESIGN, DEVELOP AND IMPLEMENT A PROCESS TO REVIEW THE
32 QUALITY AND INTEGRITY OF THE CO-STAR INFORMATION IN THEIR POSSESSION.
33 THE COMMISSIONER AND SUCH EXECUTIVE DIRECTOR MAY ENTER INTO A COOPER-
34 ATIVE AGREEMENT TO ESTABLISH THE REVIEW PROCESS.
35 2. AUTHORIZED PAYEES; MAILING ADDRESSES. (A) FOR EACH ELIGIBLE PROPER-
36 TY, THE CO-STAR REBATE SHALL BE PAID TO THE QUALIFIED OWNER-APPLICANT OR
37 OWNER-APPLICANTS AS DEFINED HEREIN, OR HIS, HER OR THEIR PAYMENT DESIG-
38 NEE OR DESIGNEES, IF ANY. IN THE CASE OF CO-STAR ASSESSMENTS GRANTED
39 PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE-B OF THE REAL PROPERTY TAX
40 LAW, THE QUALIFIED OWNER-APPLICANT OR OWNER-APPLICANTS SHALL BE THE
41 SENIOR CITIZEN OR CITIZENS WHO APPLIED FOR, AND WERE FOUND TO SATISFY
42 THE REQUIREMENTS OF, THE ENHANCED STAR EXEMPTION AUTHORIZED BY SECTION
43 FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX LAW. IN THE CASE OF
44 CO-STAR ASSESSMENTS GRANTED PURSUANT TO SECTION FOUR HUNDRED
45 TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW, THE QUALIFIED OWNER-APPLI-
46 CANT OR OWNER-APPLICANTS SHALL BE THE ELIGIBLE FARMER OR FARMERS WHO
47 APPLIED FOR, AND WERE FOUND TO SATISFY THE REQUIREMENTS OF, THE CO-STAR
48 ASSESSMENT AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE-C OF THE REAL
49 PROPERTY TAX LAW.
50 (B) THE CO-STAR REBATE SHALL BE MAILED TO THE MAILING ADDRESS PROVIDED
51 EITHER ON THE APPLICATION FORM FOR THE ENHANCED STAR EXEMPTION SUBMITTED
52 PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX
53 LAW, OR ON THE CO-STAR APPLICATION FORM SUBMITTED PURSUANT TO SECTION
54 FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW, AS THE CASE MAY
55 BE, OR AS OTHERWISE RELIABLY OBTAINED BY THE DEPARTMENT.
A. 2039 6
1 3. REPORTING OF DATA TO DEPARTMENT. (A) WHEN DEVELOPING OR MAINTAINING
2 ITS DATA BASE FOR PURPOSES OF ADMINISTERING ITS RESPONSIBILITIES UNDER
3 THIS SECTION, THE DEPARTMENT SHALL UTILIZE TO THE MAXIMUM EXTENT POSSI-
4 BLE DATA EXTRACTED FROM THE ASSESSMENT ROLL DATA FILES SUBMITTED TO THE
5 STATE BOARD OF REAL PROPERTY SERVICES PURSUANT TO ARTICLE FIFTEEN-C OF
6 THE REAL PROPERTY TAX LAW. ON OR BEFORE NOVEMBER FIRST OF EACH YEAR,
7 SUCH STATE BOARD SHALL ASCERTAIN FROM SUCH DATA FILES, AND SHALL FORWARD
8 TO THE DEPARTMENT, THE IDENTIFICATION NUMBERS OF THE PARCELS DESIGNATED
9 THEREON AS ELIGIBLE FOR CO-STAR ASSESSMENTS, THE NAMES OF THE OWNERS OF
10 EACH SUCH PARCEL AS APPEARING THEREON, THE TAXABLE ASSESSED VALUE FOR
11 COUNTY PURPOSES OF EACH SUCH PARCEL AS APPEARING THEREON, AND THE
12 ASSESSING UNIT IN WHICH EACH SUCH PARCEL IS LOCATED. CONCURRENTLY THERE-
13 WITH, SUCH STATE BOARD SHALL ALSO PROVIDE TO THE DEPARTMENT THE MAXIMUM
14 ALLOWABLE CO-STAR ASSESSMENTS APPLICABLE TO EACH ASSESSING UNIT.
15 (B) FOR PURPOSES OF ADMINISTERING ITS RESPONSIBILITIES UNDER THIS
16 SECTION IN RELATION TO COOPERATIVE APARTMENT UNITS AND MOBILE HOMES, THE
17 DEPARTMENT SHALL ALSO UTILIZE DATA EXTRACTED FROM THE LISTS AND DATA
18 FILES SUBMITTED TO SUCH STATE BOARD BY ASSESSORS PURSUANT TO PARAGRAPH
19 (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED TWENTY-FIVE-B OF THE REAL
20 PROPERTY TAX LAW AND PARAGRAPH (A) OF SUBDIVISION NINE OF SECTION FOUR
21 HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW. ON OR BEFORE NOVEM-
22 BER FIRST OF EACH YEAR, SUCH STATE BOARD SHALL ASCERTAIN FROM SUCH LISTS
23 AND DATA FILES, AND SHALL FORWARD TO THE DEPARTMENT, THE NAMES AND
24 ADDRESSES OF THE OWNER-APPLICANTS AS SHOWN THEREON, THEIR MAILING
25 ADDRESSES AS SHOWN THEREON, THE TAXABLE ASSESSED VALUE FOR COUNTY
26 PURPOSES ATTRIBUTABLE TO THEIR RESPECTIVE COOPERATIVE APARTMENT UNITS OR
27 MOBILE HOMES, AND THE ASSESSING UNIT IN WHICH EACH SUCH COOPERATIVE
28 APARTMENT UNIT OR MOBILE HOME IS LOCATED.
29 (C) THE COUNTY TREASURER OF EACH COUNTY SHALL CERTIFY TO THE COMMIS-
30 SIONER, NO LATER THAN THE THIRTY-FIRST DAY OF JANUARY OF EACH COUNTY
31 FISCAL YEAR, THE COUNTY TAX RATES APPLICABLE TO EACH CITY AND TOWN WITH-
32 IN THE COUNTY FOR THAT FISCAL YEAR. IN THE CASE OF A COUNTY LOCATED
33 WHOLLY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
34 ANTS, THE COMMISSIONER OF FINANCE OF SUCH CITY SHALL MAKE SUCH CERTIF-
35 ICATION; PROVIDED THAT THE TAX RATE TO BE PROVIDED THEREUNDER, AND USED
36 TO COMPUTE CO-STAR REBATES PURSUANT TO THIS SECTION, SHALL BE A COMPOS-
37 ITE OF THE TAX RATES FOR BOTH CITY AND SCHOOL DISTRICT PURPOSES.
38 (D) IN ADDITION TO RECEIVING DATA PURSUANT TO PARAGRAPHS (A), (B) AND
39 (C) OF THIS SUBDIVISION, THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH
40 SUCH STATE BOARD, WITH LOCAL ASSESSORS, WITH COUNTY TREASURERS, OR WITH
41 SOME OR ALL OF SUCH PARTIES, FOR THE REPORTING TO THE DEPARTMENT OF SUCH
42 OTHER DATA AS MAY BE REQUIRED FOR ITS ADMINISTRATION OF THE CO-STAR TAX
43 REBATE PROGRAM. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
44 PRECLUDE THE DEPARTMENT FROM COLLECTING DIRECTLY FROM PUTATIVE PAYEES
45 SUCH DATA AS IT SHALL DEEM APPROPRIATE.
46 (E) INFORMATION PROVIDED TO OR PREPARED BY THE DEPARTMENT PURSUANT TO
47 THIS SECTION SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN ADMINISTRATION
48 OF THE CO-STAR PROGRAM, AND SUCH INFORMATION SHALL NOT BE REDISCLOSED
49 OTHER THAN FOR THE PURPOSE OF ADMINISTERING SUCH PROGRAM NOR SHALL THE
50 PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW APPLY TO ANY SUCH
51 INFORMATION.
52 4. CONSTRUCTION OR INTERPRETATION OF CERTAIN PROVISIONS OR TERMS. WHEN
53 THE PROPER PAYMENT OF A TAX REBATE UNDER THIS SECTION DEPENDS UPON
54 CONSTRUCTION OF THE MEANING OF THE PROVISIONS OF SECTION FOUR HUNDRED
55 TWENTY-FIVE-B OR FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW
56 (AND ANY RELATED PROVISIONS OF SUCH LAW) OR INTERPRETATION OF THE TERMS
A. 2039 7
1 CONTAINED THEREIN, IT SHALL BE THE RESPONSIBILITY OF THE STATE BOARD OF
2 REAL PROPERTY SERVICES TO PROVIDE TO THE DEPARTMENT THE CONSTRUCTION OR
3 INTERPRETATION OF ANY SUCH PROVISIONS OR TERMS.
4 5. LIMITATIONS. PAYMENT OF A REBATE UPON THE INFORMATION PROVIDED TO
5 IT, OR DENIAL OF OR FAILURE TO PAY A REBATE BASED ON SUCH INFORMATION,
6 SHALL RELIEVE THE COMMISSIONER AND THE DEPARTMENT FROM ALL LIABILITY TO
7 ANY OWNER OF THE PROPERTY, OR THE ESTATE, TRUST, ASSIGNS, SUCCESSORS,
8 HEIRS OR REPRESENTATIVES OF ANY SUCH OWNER, OR ANY OTHER PERSON, WITH
9 RESPECT TO SUCH PAYMENT, AND SUCH PERSONS SHALL HAVE NO RIGHT TO
10 COMMENCE A COURT ACTION OR PROCEEDING OR TO ANY OTHER LEGAL RECOURSE
11 AGAINST THE STATE, THE COMMISSIONER, THE DEPARTMENT, OR ANY OFFICER OR
12 EMPLOYEE OF STATE OR LOCAL GOVERNMENT INVOLVED IN THE ADMINISTRATION OF
13 THIS PROGRAM, TO RECOVER SUCH PAYMENT.
14 6. FAILURE TO PAY COUNTY TAXES. (A) AFTER THE CONCLUSION OF EACH COUN-
15 TY FISCAL YEAR, THE COUNTY TREASURER OF EACH COUNTY SHALL SUBMIT TO THE
16 COMMISSIONER A LIST IDENTIFYING ALL PARCELS WITH RESPECT TO WHICH THE
17 COUNTY TAXES FOR THAT FISCAL YEAR REMAINED UNPAID AS OF THE END OF THAT
18 FISCAL YEAR. IN THE CASE OF A COUNTY LOCATED WHOLLY WITHIN A CITY WITH A
19 POPULATION OF ONE MILLION OR MORE INHABITANTS, SUCH LIST SHALL BE
20 SUBMITTED BY THE COMMISSIONER OF FINANCE OF SUCH CITY AND SHALL IDENTIFY
21 ALL PARCELS WITH RESPECT TO WHICH THE CITY TAXES FOR THAT FISCAL YEAR
22 REMAINED UNPAID AS OF THE END OF THAT FISCAL YEAR. SUCH LIST SHALL BE
23 SUBMITTED TO THE COMMISSIONER WHEN SUBMITTING THE REPORT DESCRIBED IN
24 PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
25 (B) UPON RECEIVING SUCH A LIST, THE COMMISSIONER SHALL WITHHOLD ANY
26 FUTURE CO-STAR REBATE PAYMENTS TO THE OWNER-APPLICANTS IN RELATION TO
27 ANY PARCELS ON THE LIST UNTIL RECEIVING CONFIRMATION THAT ALL OUTSTAND-
28 ING COUNTY TAXES ON THE PARCEL IN QUESTION HAVE BEEN PAID IN FULL. IT
29 SHALL BE THE RESPONSIBILITY OF THE OWNER-APPLICANT TO OBTAIN SUCH
30 CONFIRMATION IN WRITING FROM THE COUNTY TREASURER, AND TO PROVIDE THE
31 SAME TO THE DEPARTMENT IN SUCH MANNER AS THE COMMISSIONER MAY PRESCRIBE.
32 AFTER RECEIVING SUCH CONFIRMATION, ANY WITHHELD REBATES FOR WHICH THE
33 OWNER-APPLICANT IS ELIGIBLE AND HAS TIMELY APPLIED SHALL BE RELEASED AND
34 FUTURE REBATE PAYMENTS MAY BE MADE, SUBJECT TO CONTINUED ELIGIBILITY AND
35 CONTINUOUS PAYMENT OF FUTURE COUNTY TAXES. NO INTEREST SHALL BE PAID OR
36 PAYABLE ON ANY WITHHELD REBATES THAT ARE SO RELEASED. THE COMMISSIONER
37 MAY SCHEDULE THE PROCESSING OF REQUESTS FOR THE RELEASE OF WITHHELD
38 REBATES SO AS TO ALLOW PAYMENTS TO BE COLLECTIVELY AUTHORIZED FOR THIS
39 PURPOSE NO MORE FREQUENTLY THAN TWICE PER CALENDAR YEAR.
40 (C) IF SUCH CONFIRMATION IS NOT RECEIVED WITHIN A TIME PERIOD TO BE
41 DETERMINED BY THE COMMISSIONER, THE COMMISSIONER MAY REVOKE THE CO-STAR
42 REBATE FOR THE COUNTY FISCAL YEAR IDENTIFIED IN PARAGRAPH (A) OF THIS
43 SUBDIVISION AND RECAPTURE THE APPLICABLE AMOUNT IN THE MANNER PRESCRIBED
44 BY SUBDIVISION SEVEN OF THIS SECTION.
45 7. ERRONEOUS REBATES; REPLACEMENT CHECKS. THE COMMISSIONER MAY, IN HIS
46 OR HER DISCRETION, SEEK TO RECOVER ANY ERRONEOUS REBATE BY NOTIFYING THE
47 PAYEE OF THE AMOUNT THEREOF. IF SUCH ERRONEOUS REBATE IS NOT RETURNED
48 WITHIN THIRTY DAYS, THE COMMISSIONER IS AUTHORIZED TO TREAT THE ERRONE-
49 OUS REBATE AS AN ERRONEOUS REFUND OF INCOME TAX PURSUANT TO THE
50 PROVISIONS OF PARAGRAPH FIVE OF SUBSECTION (C) OF SECTION SIX HUNDRED
51 EIGHTY-THREE OF THIS CHAPTER AND SUCH AMOUNTS, WHEN COLLECTED, SHALL BE
52 DEPOSITED AS PROVIDED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SEVEN-
53 TY-ONE-A OF THIS ARTICLE, AS IF SUCH AMOUNTS WERE TAXES COLLECTED UNDER
54 AN ARTICLE OF THIS CHAPTER REFERRED TO IN SUCH SUBDIVISION. WHERE THE
55 COMMISSIONER FINDS THAT AN ORIGINAL REBATE CHECK HAS BEEN MISDIRECTED
A. 2039 8
1 FOR REASONS BEYOND THE CONTROL OF THE AUTHORIZED PAYEE, HE OR SHE MAY
2 ISSUE A NEW REBATE CHECK TO THE AUTHORIZED PAYEE.
3 8. REGULATIONS. THE COMMISSIONER SHALL BE AUTHORIZED TO MAKE SUCH
4 RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE PERFORMANCE OF
5 HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO RULES
6 AND REGULATIONS RELATING TO STANDARDS AND PROCEDURES FOR FURNISHING DATA
7 TO THE DEPARTMENT.
8 S 3. Processing of Co-STAR assessments for senior citizens on the
9 assessment roll. (a) Notwithstanding the provisions of section 425-b of
10 the real property tax law, as added by section one of this act, parcels
11 which are eligible for Co-STAR assessments pursuant to such section
12 shall not be designated as such on the 2010 assessment roll. In lieu
13 thereof, upon receipt of the 2010 assessment roll data file submitted to
14 it pursuant to section 1590 of the real property tax law, the state
15 board of real property services shall identify the parcels thereon which
16 are receiving the enhanced STAR exemption pursuant to section 425 of the
17 real property tax law, shall ascertain the taxable assessed value for
18 county purposes of each such parcel, and shall forward such information
19 to the department of taxation and finance, together with the maximum
20 allowable Co-STAR assessments for each assessing unit.
21 (b) Notwithstanding the provisions of section 177-a of the tax law, as
22 added by section two of this act, for purposes of issuing rebates of
23 county taxes for the county fiscal year beginning in 2011, the depart-
24 ment of taxation and finance may presume that the qualified owner-appli-
25 cant or owner-applicants were the property owner or owners as of the
26 applicable taxable status date, as shown on the assessment roll data
27 file filed with the state board of real property services pursuant to
28 article 15-C of the real property tax law, and may further presume that
29 the appropriate mailing addresses are the owners' addresses shown there-
30 on.
31 (c) When property which is eligible for a Co-STAR assessment pursuant
32 to this section constitutes a cooperative apartment unit or a mobile
33 home which is subject to the provisions of paragraph (a) of subdivision
34 6 of section 425-b of the real property tax law, as added by section one
35 of this act, the assessor shall not be required to file the list or data
36 file required by such paragraph until the one hundred twentieth day
37 after the effective date of this act, notwithstanding any provision in
38 such subdivision to the contrary.
39 S 3-a. Processing of Co-STAR assessments for farmers assessment roll.
40 (a) Application period for 2011. Notwithstanding any provision of law
41 to the contrary, eligible farmers may submit applications for Co-STAR
42 assessments pursuant to section 425-c of the real property tax law, as
43 added by section one of this act, on the 2011 assessment roll until the
44 ninetieth day after the effective date of this act. Each assessor is
45 hereby authorized and directed to review and grant such applications as
46 appropriate no later than the one hundred twentieth day after the effec-
47 tive date of this act. Provided, however, that in lieu of making entries
48 directly on the 2011 assessment roll, the assessor shall prepare a sepa-
49 rate list or data file identifying the eligible parcels in such form and
50 manner as may be prescribed by the state board of real property services
51 in consultation with the department of taxation and finance. No later
52 than the one hundred twentieth day after the effective date of this act,
53 the assessor shall forward such list or data file to the state board,
54 which shall forward the same to the department of taxation and finance,
55 together with the maximum allowable Co-STAR assessment for each assess-
56 ing unit.
A. 2039 9
1 (b) Notice and review of denial for 2011. If an assessor should
2 determine that a Co-STAR application submitted pursuant to this section
3 should be denied, he or she shall so notify the applicant by certified
4 mail, return receipt requested, no later than the one hundred twentieth
5 day after the effective date of this act. No later than 10 days after
6 the mailing of such notice, the applicant may file a written complaint
7 with the assessor. The provisions of section 553 of the real property
8 tax law shall apply to the extent practicable to the review of such a
9 complaint.
10 (c) For 2012 notwithstanding the provisions of section 177-a of the
11 tax law, as added by section two of this act, for purposes of issuing
12 rebates of county taxes for the county fiscal year beginning in 2012,
13 the department of taxation and finance may presume that the qualified
14 owner-applicant or owner-applicants were the property owner or owners as
15 of the applicable taxable status date, as shown on the assessment roll
16 data file filed with the state board of real property services pursuant
17 to article 15-C of the real property tax law, or on the list or data
18 file forwarded to the state board pursuant to subdivision (a) of this
19 section, and may further presume that the appropriate mailing addresses
20 are the owners' addresses shown thereon.
21 (d) When property which is eligible for a Co-STAR assessment pursuant
22 to this section constitutes a cooperative apartment unit or a mobile
23 home which is subject to the provisions of paragraph (a) of subdivision
24 9 of section 425-c of the real property tax law, as added by section one
25 of this act, the assessor shall not be required to file the list or data
26 file required by such paragraph until the one hundred twentieth day
27 after the effective date of this act, notwithstanding any provision in
28 such subdivision to the contrary.
29 S 4. Subsection (e) of section 1310 of the tax law, as added by chap-
30 ter 481 of the laws of 1997, is relettered subsection (g) and a new
31 subsection (h) is added to read as follows:
32 (H) CITY CO-STAR CREDIT. (1) FOR TAXABLE YEARS BEGINNING AFTER TWO
33 THOUSAND ELEVEN, A CITY CO-STAR CREDIT SHALL BE ALLOWED FOR TAXPAYERS
34 WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE ON OR BEFORE THE CLOSE OF THE
35 TAXABLE YEAR. THE CREDIT SHALL BE ALLOWED AGAINST THE TAXES AUTHORIZED
36 BY THIS ARTICLE REDUCED BY THE CREDITS PERMITTED BY THIS ARTICLE. IF THE
37 CREDIT EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE
38 COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS
39 AN OVERPAYMENT, WITHOUT INTEREST, THE AMOUNT OF SUCH EXCESS. FOR
40 PURPOSES OF THIS SUBSECTION, NO CREDIT SHALL BE GRANTED TO AN INDIVIDUAL
41 WITH RESPECT TO WHOM A DEDUCTION UNDER SUBSECTION (C) OF SECTION ONE
42 HUNDRED FIFTY-ONE OF THE INTERNAL REVENUE CODE IS ALLOWABLE TO ANOTHER
43 TAXPAYER FOR THE TAXABLE YEAR.
44 (2) THE CREDIT SHALL BE DETERMINED UNDER THIS PARAGRAPH.
45 (A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
46 THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
47 SURVIVING SPOUSE:
48 FOR TAXABLE YEARS TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
49 ONE HUNDRED TWENTY DOLLARS
50 (B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A HEAD OF A
51 HOUSEHOLD OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN:
52 FOR TAXABLE YEARS TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
53 SIXTY DOLLARS
54 S 5. Subdivision (c) of section 11-1706 of the administrative code of
55 the city of New York, as added by chapter 481 of the laws of 1997, is
A. 2039 10
1 relettered subdivision (f) and a new subdivision (g) is added to read as
2 follows:
3 (G) CITY CO-STAR CREDIT. (1) FOR TAXABLE YEARS BEGINNING AFTER TWO
4 THOUSAND ELEVEN, A CITY CO-STAR CREDIT SHALL BE ALLOWED FOR TAXPAYERS
5 WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE ON OR BEFORE THE CLOSE OF THE
6 TAXABLE YEAR. THE CREDIT SHALL BE ALLOWED AGAINST THE TAXES IMPOSED BY
7 THIS CHAPTER REDUCED BY THE CREDITS PERMITTED BY THIS CHAPTER. IF THE
8 CREDIT EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE
9 STATE COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE STATE COMMISSIONER OF
10 TAXATION AND FINANCE, SHALL PAY AS AN OVERPAYMENT, WITHOUT INTEREST, THE
11 AMOUNT OF SUCH EXCESS. FOR PURPOSES OF THIS SUBDIVISION, NO CREDIT SHALL
12 BE GRANTED TO AN INDIVIDUAL WITH RESPECT TO WHOM A DEDUCTION UNDER
13 SUBSECTION (C) OF SECTION ONE HUNDRED FIFTY-ONE OF THE INTERNAL REVENUE
14 CODE IS ALLOWABLE TO ANOTHER TAXPAYER FOR THE TAXABLE YEAR.
15 (2) THE CREDIT SHALL BE DETERMINED UNDER THIS PARAGRAPH.
16 (A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
17 THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
18 SURVIVING SPOUSE:
19 FOR TAXABLE YEARS TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
20 ONE HUNDRED TWENTY DOLLARS
21 (B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A HEAD OF A
22 HOUSEHOLD OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN:
23 FOR TAXABLE YEARS TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
24 SIXTY DOLLARS
25 S 6. The state finance law is amended by adding a new section 97-kkkk
26 to read as follows:
27 S 97-KKKK. CO-STAR FUND. 1. THERE IS HEREBY ESTABLISHED IN THE SOLE
28 CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE
29 KNOWN AS THE CO-STAR FUND.
30 2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR TRANSFERRED THER-
31 ETO FROM THE GENERAL FUND OR FROM ANY OTHER FUND OR SOURCES PURSUANT TO
32 LAW.
33 3. THE MONIES OF THE FUND SHALL BE AVAILABLE FOR PAYMENT OF CO-STAR
34 REBATES AUTHORIZED BY SECTION ONE HUNDRED SEVENTY-SEVEN-A OF THE TAX
35 LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHALL BE PAID OUT
36 ON CHECKS ISSUED AND SIGNED SOLELY BY THE COMMISSIONER OF TAXATION AND
37 FINANCE.
38 S 7. This act shall take effect immediately, provided, however:
39 (a) Section one of this act shall apply to assessment rolls filed in
40 2012 and thereafter; and
41 (b) Section two of this act shall apply to county fiscal years begin-
42 ning in 2013 and thereafter.
