S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4225
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Aging
       AN ACT to amend the elder law, in relation to reports by the office  for
         the  aging  regarding  assistance  to  families for caring for elderly
         dependents; and to amend the tax law,  in  relation  to  providing  an
         additional  personal  income tax exemption for resident individuals in
         certain cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  213  of the elder law is amended by adding a new
    2  subdivision 6 to read as follows:
    3    6. THE OFFICE FOR THE AGING SHALL BIENNIALLY REPORT  TO  THE  GOVERNOR
    4  AND  LEGISLATURE CONCERNING THE EFFECTS OF SUBSECTION (C) OF SECTION SIX
    5  HUNDRED SIXTEEN OF THE TAX LAW ON PROGRAMS OFFERED UNDER THE AUSPICES OR
    6  WITH THE SUPPORT, DIRECT OR INDIRECT, OF THE OFFICE FOR THE AGING.  SUCH
    7  REPORT  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE USE OR NON-USE OF THIS
    8  INCENTIVE IN COORDINATION WITH SUCH PROGRAMS, THE EXTENT TO  WHICH  THIS
    9  INCENTIVE HAS AIDED FAMILIES IN CARING FOR ELDERLY DEPENDENTS, AND COOR-
   10  DINATION BY THE OFFICE OF THE AVAILABILITY OF THIS ASSISTANCE WITH OTHER
   11  PROGRAMS  FOR THE AGED AND RECOMMENDATIONS FOR PUBLIC INFORMATION ACTIV-
   12  ITIES.
   13    S 2. Section 616 of the tax law is amended by adding a new  subsection
   14  (c) to read as follows:
   15    (C)  ADDITIONAL  EXEMPTION. IN ADDITION TO THE EXEMPTIONS PROVIDED FOR
   16  IN SUBSECTION (A) OF THIS SECTION  FOR  TAXABLE  YEARS  BEGINNING  AFTER
   17  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN,  A RESIDENT INDIVIDUAL
   18  SHALL BE ALLOWED A  NEW  YORK  EXEMPTION  IN  AN  AMOUNT  EQUAL  TO  THE
   19  EXEMPTION  PROVIDED  FOR  IN  SUBSECTION  (A)  OF  THIS SECTION FOR EACH
   20  DEPENDENT WHO IS OF THE AGE OF SIXTY-TWO OR OLDER, WHO RESIDES WITH SUCH
   21  RESIDENT INDIVIDUAL, AND FOR WHOM THE RESIDENT INDIVIDUAL IS ENTITLED TO
   22  AN EXEMPTION FOR THE TAXABLE  YEAR  FOR  FEDERAL  INCOME  TAX  PURPOSES,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07646-01-3
       A. 4225                             2
    1  PROVIDED  HOWEVER,  THAT  IF  THE NEW YORK INCOME TAXES OF A HUSBAND AND
    2  WIFE ARE SEPARATELY DETERMINED BUT THEIR FEDERAL INCOME  TAX  IS  DETER-
    3  MINED  ON  A  JOINT  RETURN, ONLY ONE OF THEM, AT THEIR OPTION, SHALL BE
    4  ENTITLED TO THE ADDITIONAL EXEMPTION PROVIDED FOR IN THIS SUBSECTION.
    5    S 3. This act shall take effect immediately.