Bill Text: NY A07100 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to a certain agreement for a payment in lieu of taxes with respect to a lessee that is a qualified empire zone enterprise of certain real property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-09-12 - signed chap.296 [A07100 Detail]

Download: New_York-2017-A07100-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7100
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2017
                                       ___________
        Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
          Committee on Ways and Means
        AN ACT in relation to a certain agreement for a payment in lieu of taxes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Notwithstanding  the  provisions  of  subdivision  (e) of
     2  section 15 of the tax law, with respect to any payment of taxes  imposed
     3  on real property with respect to property located at 1800 Motor Parkway,
     4  Islandia,  New York, with respect to a lessee that is a qualified empire
     5  zone enterprise, such taxes shall be deemed to be eligible real property
     6  taxes with respect to such lessee and (1) such taxes shall be deemed  to
     7  have  been  paid  by  the  lessee pursuant to explicit requirements in a
     8  written lease, (2) shall be deemed to become a lien on the real property
     9  during a taxable year in which the lessee of the real property  is  both
    10  certified  pursuant  to  article 18-B of the general municipal law and a
    11  qualified empire zone enterprise, and (3) the lessee shall be deemed  to
    12  have  made  direct  payment of such taxes to the taxing authority and to
    13  have received a receipt for  such  payment  of  taxes  from  the  taxing
    14  authority.  Such  qualified  empire zone enterprise shall be eligible to
    15  claim the real property tax credit provided by section 15 of the tax law
    16  provided that for each of such periods, the landlord  has  not  filed  a
    17  claim for the real property tax credit for such payments.
    18    §  2. Notwithstanding the provisions of section 687 or 1087 of the tax
    19  law or any other provision to the contrary, a  claim  for  a  credit  or
    20  refund may be filed by the taxpayer with respect to the property located
    21  at  1800 Motor Parkway, Islandia, New York, for taxable years January 1,
    22  2012 through December 31, 2015 where the taxpayer is a qualified  empire
    23  zone enterprise.
    24    § 3. This act shall take effect immediately and shall apply to taxable
    25  years beginning on or after January 1, 2012 and before January 1, 2016.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10704-01-7