Bill Text: NY A08039 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to increasing the volunteer firefighters' and ambulance workers' credit; increases the amount of the credit from $200 to $500 for single filers who have served for less than five years and from $200 to $1,000 for single filers who serve at least five years and from $400 to $1,000 for spouses filing jointly where one spouse has served less than five years and from $400 to $2,000 for spouses filing jointly who have each served at least five years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A08039 Detail]

Download: New_York-2017-A08039-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8039
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 25, 2017
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Ways and Means
        AN ACT to amend the tax law, in relation  to  increasing  the  volunteer
          firefighters' and ambulance workers' credit
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subsection (e-2) of section 606 of the tax law, as added by
     2  section 1 of part U of chapter 62 of the laws of 2006,  paragraph  2  as
     3  amended  by  chapter  532  of the laws of 2007, paragraph 3 as added and
     4  paragraph 4 as renumbered by section 4 of part N of chapter  61  of  the
     5  laws  of 2006, and as relettered by section 1 of part K of chapter 59 of
     6  the laws of 2014, is amended to read as follows:
     7    (e-2) Volunteer firefighters' and ambulance workers' credit.  (1)  For
     8  taxable  years  beginning on and after January first, two thousand seven
     9  and before January first, two thousand seventeen,  a  resident  taxpayer
    10  who  serves as an active volunteer firefighter as defined in subdivision
    11  one of section two hundred fifteen of the general municipal law or as  a
    12  volunteer ambulance worker as defined in subdivision fourteen of section
    13  two  hundred  nineteen-k of the general municipal law shall be allowed a
    14  credit against the tax imposed by this  article  equal  to  two  hundred
    15  dollars.    For  taxable years beginning on and after January first, two
    16  thousand seventeen, a resident taxpayer who serves as an  active  volun-
    17  teer  firefighter  as  defined in subdivision one of section two hundred
    18  fifteen of the general municipal law or as a volunteer ambulance  worker
    19  as  defined in subdivision fourteen of section two hundred nineteen-k of
    20  the general municipal law and has been in good standing for a period  of
    21  four  years or less shall be allowed a credit against the tax imposed by
    22  this article equal to five hundred dollars and a resident  taxpayer  who
    23  serves  as an active volunteer firefighter or volunteer ambulance worker
    24  and has been in good standing for a  minimum  of  five  years  shall  be
    25  allowed  a  credit  against the tax imposed by this article equal to one
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04254-03-7

        A. 8039                             2
     1  thousand dollars. In order to receive this credit a volunteer firefight-
     2  er or volunteer ambulance worker must have been active  for  the  entire
     3  taxable year for which the credit is sought.
     4    (2)  If  a taxpayer receives a real property tax exemption relating to
     5  such service under title two of article four of the  real  property  tax
     6  law,  such  taxpayer  shall  not  be eligible for this credit; provided,
     7  however (A) if the taxpayer receives such real property tax exemption in
     8  the two thousand seven taxable year as a result  of  making  application
     9  therefor  in  a  prior  year  or (B) if the taxpayer notifies his or her
    10  assessor in writing by December thirty-first, two thousand seven of  the
    11  taxpayer's intent to discontinue such real property tax exemption by not
    12  re-applying  for  such  real  property tax exemption by the next taxable
    13  status date, such taxpayer shall be eligible for this credit for the two
    14  thousand seven taxable year.
    15    (3) In the case of a husband and wife who file a joint return and  who
    16  both  individually  qualify  for  the  credit under this subsection, for
    17  taxable years beginning on and after January first, two  thousand  seven
    18  and  before  January  first,  two  thousand seventeen, the amount of the
    19  credit allowed shall be four hundred dollars. For taxable  years  begin-
    20  ning  on  and after January first, two thousand seventeen, the amount of
    21  the credit shall be one thousand dollars where at least one of the qual-
    22  ifying spouses has served as an active volunteer firefighter  or  volun-
    23  teer ambulance worker for less than five years. In the case of a husband
    24  and  wife who file a joint return, who both individually qualify for the
    25  credit under this subsection and who have each served a minimum of  five
    26  years, the amount of the credit allowed shall be two thousand dollars.
    27    (4)  If the amount of the credit allowed under this subsection for any
    28  taxable year shall exceed the taxpayer's tax for such year,  the  excess
    29  shall  be treated as an overpayment of tax to be credited or refunded in
    30  accordance with the provisions of section six hundred eighty-six of this
    31  article, provided, however, that no interest shall be paid thereon.
    32    § 2. Subsection (e-1) of section 606 of  the  tax  law,  as  added  by
    33  section  1  of  part U of chapter 62 of the laws of 2006, paragraph 2 as
    34  amended by chapter 532 of the laws of 2007, paragraph  3  as  added  and
    35  paragraph  4  as  renumbered by section 4 of part N of chapter 61 of the
    36  laws of 2006, is amended to read as follows:
    37    (e-1) Volunteer firefighters' and ambulance workers' credit.  (1)  For
    38  taxable  years  beginning on and after January first, two thousand seven
    39  and before January first, two thousand seventeen,  a  resident  taxpayer
    40  who  serves as an active volunteer firefighter as defined in subdivision
    41  one of section two hundred fifteen of the general municipal law or as  a
    42  volunteer ambulance worker as defined in subdivision fourteen of section
    43  two  hundred  nineteen-k of the general municipal law shall be allowed a
    44  credit against the tax imposed by this  article  equal  to  two  hundred
    45  dollars.    For  taxable years beginning on and after January first, two
    46  thousand seventeen, a resident taxpayer who serves as an  active  volun-
    47  teer  firefighter  as  defined in subdivision one of section two hundred
    48  fifteen of the general municipal law or as a volunteer ambulance  worker
    49  as  defined in subdivision fourteen of section two hundred nineteen-k of
    50  the general municipal law and has been in good standing for a period  of
    51  four  years or less shall be allowed a credit against the tax imposed by
    52  this article equal to five hundred dollars and a resident  taxpayer  who
    53  serves  as an active volunteer firefighter or volunteer ambulance worker
    54  and has been in good standing for a  minimum  of  five  years  shall  be
    55  allowed  a  credit  against the tax imposed by this article equal to one
    56  thousand dollars. In order to receive this credit a volunteer firefight-

        A. 8039                             3
     1  er or volunteer ambulance worker must have been active  for  the  entire
     2  taxable year for which the credit is sought.
     3    (2)  If  a taxpayer receives a real property tax exemption relating to
     4  such service under title two of article four of the  real  property  tax
     5  law,  such  taxpayer  shall  not  be eligible for this credit; provided,
     6  however (A) if the taxpayer receives such real property tax exemption in
     7  the two thousand seven taxable year as a result  of  making  application
     8  therefor  in  a  prior  year  or (B) if the taxpayer notifies his or her
     9  assessor in writing by December thirty-first, two thousand seven of  the
    10  taxpayer's intent to discontinue such real property tax exemption by not
    11  re-applying  for  such  real  property tax exemption by the next taxable
    12  status date, such taxpayer shall be eligible for this credit for the two
    13  thousand seven taxable year.
    14    (3) In the case of a husband and wife who file a joint return and  who
    15  both individually qualify for the credit under this subsection for taxa-
    16  ble  years  beginning  on and after January first two thousand seven and
    17  before January first, two thousand seventeen, the amount of  the  credit
    18  allowed  shall  be  four hundred dollars. For taxable years beginning on
    19  and after January first, two thousand seventeen, the amount of the cred-
    20  it shall be one thousand dollars where at least one  of  the  qualifying
    21  spouses has served as an active volunteer firefighter or volunteer ambu-
    22  lance worker for less than five years. In the case of a husband and wife
    23  who  file  a  joint return, who both individually qualify for the credit
    24  under this subsection and who have each served a minimum of five  years,
    25  the amount of the credit allowed shall be two thousand dollars.
    26    (4)  If the amount of the credit allowed under this subsection for any
    27  taxable year shall exceed the taxpayer's tax for such year,  the  excess
    28  shall  be treated as an overpayment of tax to be credited or refunded in
    29  accordance with the provisions of section six hundred eighty-six of this
    30  article, provided, however, that no interest shall be paid thereon.
    31    § 3. This act shall take effect immediately;  provided,  however,  the
    32  amendments  to  subsection  (e-2)  of section 606 of the tax law made by
    33  section one of this act shall be subject to the expiration and reversion
    34  of such subsection pursuant to section 3 of part K of chapter 59 of  the
    35  laws  of 2014, as amended, when upon such date the provisions of section
    36  two of this act shall take effect.
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