Bill Text: NY A03660 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes a tax table benefit recapture for joint returns over $250,000, individual returns over $150,000 and head of household returns over $180,000; makes changes to the New York city personal income tax rates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-12-10 - enacting clause stricken [A03660 Detail]

Download: New_York-2021-A03660-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3660

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
          Committee on Ways and Means

        AN ACT to amend the administrative code of the city of New York and  the
          tax  law,  in  relation to establishing a tax table benefit recapture;
          and in relation to New York city personal income tax rates

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 11-1701 of the administrative code of the city of
     2  New York is amended by adding a new subdivision (i) to read as follows:
     3    (i) Tax table benefit recapture. For taxable years  beginning  in  two
     4  thousand  twenty-two,  there  is  hereby  imposed a supplemental tax, in
     5  addition to the tax imposed under the opening paragraph of this section,
     6  for the purpose of recapturing the benefit of the tax  tables  contained
     7  in  subdivision  (a)  of  this section. The supplemental tax shall be an
     8  amount equal to the sum of the tax table benefits in paragraphs one, two
     9  and three of this subdivision multiplied by their  respective  fractions
    10  in such paragraphs.
    11    (1)  Resident  married  individuals filing joint returns and surviving
    12  spouses. Subparagraphs (A) and (B)  of  this  paragraph  apply  only  to
    13  filers whose taxable income exceeds $250,000.
    14    (A) The tax table benefit is $333.
    15    (B)  The  fraction is computed as follows: the numerator is the lesser
    16  of fifty thousand dollars or the  excess  of  New  York  adjusted  gross
    17  income  for the taxable year over two hundred fifty thousand dollars and
    18  the denominator is fifty thousand dollars.
    19    (2) Resident unmarried individuals and  resident  married  individuals
    20  filing  separate  returns.  Subparagraphs  (A) and (B) of this paragraph
    21  apply only to filers whose taxable income exceeds $150,000.
    22    (A) The tax table benefit is $185.
    23    (B) The fraction is computed as follows: the numerator is  the  lesser
    24  of  fifty  thousand  dollars  or  the  excess of New York adjusted gross

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03039-01-1

        A. 3660                             2

     1  income for the taxable year over one hundred fifty thousand dollars  and
     2  the denominator is fifty thousand dollars.
     3    (3)  Resident  head  of  household.  Subparagraphs (A) and (B) of this
     4  paragraph apply only to filers whose taxable income exceeds $180,000.
     5    (A) The tax table benefit is $222.
     6    (B) The fraction is computed as follows: the numerator is  the  lesser
     7  of  fifty  thousand  dollars  or  the  excess of New York adjusted gross
     8  income for the taxable year over one hundred eighty thousand dollars and
     9  the denominator is fifty thousand dollars.
    10    § 2.  Paragraph 1 of subdivision (a) of section 11-1701 of the  admin-
    11  istrative  code  of  the  city  of  New  York is amended by adding a new
    12  subparagraph (D) to read as follows:
    13    (D) For taxable years beginning in two thousand twenty-two:

    14  If the city taxable income is:        The tax is:
    15  Not over $21,600                      2.168% of the city taxable income
    16  Over $21,600 but not                  $468 plus 2.635% of excess
    17  over $45,000                          over $21,600
    18  Over $45,000 but not                  $1,085 plus 2.993% of excess
    19  over $90,000                          over $45,000
    20  Over $90,000 but not                  $2,432 plus 3.15% of excess
    21  over $150,000                         over $90,000
    22  Over $150,000 but not                 $4,322 plus 3.2% of excess
    23  over $500,000                         over $150,000
    24  Over $500,000 but not                 $15,522 plus 3.4% of excess
    25  over $1,000,000                       over $500,000
    26  Over $1,000,000 but not               $32,522 plus 3.7% of excess
    27  over $2,000,000                       over $1,000,000
    28  Over $2,000,000                       $69,522 plus 3.8% of excess
    29                                        over $2,000,000

    30    § 3. Paragraph 2 of subdivision (a) of section 11-1701 of the adminis-
    31  trative code of the city of New York is amended by adding a new subpara-
    32  graph (D) to read as follows:
    33    (D) For taxable years beginning in two thousand twenty-two:

    34  If the city taxable income is:        The tax is:
    35  Not over $14,400                      2.168% of the city taxable income
    36  Over $14,400 but not                  $312 plus 2.635% of excess
    37  over $30,000                          over $14,400
    38  Over $30,000 but not                  $723 plus 2.993% of excess
    39  over $60,000                          over $30,000
    40  Over $60,000 but not                  $1,621 plus 3.15% of excess
    41  over $100,000                         over $60,000
    42  Over $100,000 but not                 $2,881 plus 3.2% of excess
    43  over $500,000                         over $100,000
    44  Over $500,000 but not                 $15,681 plus 3.4% of excess
    45  over $1,000,000                       over $500,000
    46  Over $1,000,000 but not               $32,681 plus 3.7% of excess
    47  over $2,000,000                       over $1,000,000
    48  Over $2,000,000                       $69,681 plus 3.8% of excess
    49                                        over $2,000,000

    50    § 4. Paragraph 3 of subdivision (a) of section 11-1701 of the adminis-
    51  trative code of the city of New York is amended by adding a new subpara-
    52  graph (D) to read as follows:

        A. 3660                             3

     1    (D) For taxable years beginning in two thousand twenty-two:

     2  If the city taxable income is:        The tax is:
     3  Not over $12,000                      2.168% of the city taxable income
     4  Over $12,000 but not                  $260 plus 2.635% of excess
     5  over $25,000                          over $12,000
     6  Over $25,000 but not                  $603 plus 2.993% of excess
     7  over $50,000                          over $25,000
     8  Over $50,000 but not                  $1,351 plus 3.15% of excess
     9  over $83,000                          over $50,000
    10  Over $83,000 but not                  $2,400 plus 3.2% of excess
    11  over $500,000                         over $83,000
    12  Over $500,000 but not                 $15,734 plus 3.4% of excess
    13  over $1,000,000                       over $500,000
    14  Over $1,000,000 but not               $32,734 plus 3.7% of excess
    15  over $2,000,000                       over $1,000,000
    16  Over $2,000,000                       $69,734 plus 3.8% of excess
    17                                        over $2,000,000

    18    §  5.  Paragraph 1 of subsection (a) of section 1304 of the tax law is
    19  amended by adding a new subparagraph (D) to read as follows:
    20    (D) For taxable years beginning in two thousand twenty-two:

    21  If the city taxable income is:        The tax is:
    22  Not over $21,600                      2.168% of the city taxable income
    23  Over $21,600 but not                  $468 plus 2.635% of excess
    24  over $45,000                          over $21,600
    25  Over $45,000 but not                  $1,085 plus 2.993% of excess
    26  over $90,000                          over $45,000
    27  Over $90,000 but not                  $2,432 plus 3.15% of excess
    28  over $150,000                         over $90,000
    29  Over $150,000 but not                 $4,322 plus 3.2% of excess
    30  over $500,000                         over $150,000
    31  Over $500,000 but not                 $15,522 plus 3.4% of excess
    32  over $1,000,000                       over $500,000
    33  Over $1,000,000 but not               $32,522 plus 3.7% of excess
    34  over $2,000,000                       over $1,000,000
    35  Over $2,000,000                       $69,522 plus 3.8% of excess
    36                                        over $2,000,000

    37    § 6. Paragraph 2 of subsection (a) of section 1304 of the tax  law  is
    38  amended by adding a new subparagraph (D) to read as follows:

    39    (D) For taxable years beginning in two thousand twenty-two:
    40  If the city taxable income is:         The tax is:
    41  Not over $14,400                       2.168% of the city taxable income
    42  Over $14,400 but not                   $312 plus 2.635% of excess
    43  over $30,000                           over $14,400
    44  Over $30,000 but not                   $723 plus 3.15% of excess
    45  over $60,000                           over $30,000
    46  Over $60,000 but not                   $1,621 plus 3.15% of excess
    47  over $100,000                          over $60,000
    48  Over $100,000 but not                  $2,881 plus 3.2% of excess
    49  over $500,000                          over $100,000
    50  Over $500,000 but not                  $15,681 plus 3.4% of excess
    51  over $1,000,000                        over $500,000

        A. 3660                             4

     1  Over $1,000,000 but not                $32,681 plus 3.7% of excess
     2  over $2,000,000                        over $1,000,000
     3  Over $2,000,000                        $69,681 plus 3.8% of excess
     4                                         over $2,000,000

     5    §  7.  Paragraph 3 of subsection (a) of section 1304 of the tax law is
     6  amended by adding a new subparagraph (D) to read as follows:

     7    (D) For taxable years beginning in two thousand twenty-two:
     8  If the city taxable income is:         The tax is:
     9  Not over $12,000                       2.168% of the city taxable income
    10  Over $12,000 but not                   $260 plus 2.635% of excess
    11  over $25,000                           over $12,000
    12  Over $25,000 but not                   $603 plus 2.993% of excess
    13  over $50,000                           over $25,000
    14  Over $50,000 but not                   $1,351 plus 3.15% of excess
    15  over $83,000                           over $50,000
    16  Over $83,000 but not                   $2,400 plus 3.2% of excess
    17  over $500,000                          over $83,000
    18  Over $500,000 but not                  $15,734 plus 3.4% of excess
    19  over $1,000,000                        over $500,000
    20  Over $1,000,000 but not                $32,734 plus 3.7% of excess
    21  over $2,000,000                        over $1,000,000
    22  Over $2,000,000                        $69,734 plus 3.8% of excess
    23                                         over $2,000,000

    24    § 8. The commissioner of taxation and  finance  shall  take  steps  to
    25  publicize  the necessary adjustments to estimated tax and, to the extent
    26  reasonably possible, to inform the taxpayer of the tax liability changes
    27  made by this act.
    28    § 9. This act shall take effect immediately.
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