Bill Text: NY A10192 | 2013-2014 | General Assembly | Introduced

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Bill Title: Imposes an additional tax surcharge on certain non-primary residence class one and class two properties in a city with a population of one million or more.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-10-15 - referred to real property taxation [A10192 Detail]

Download: New_York-2013-A10192-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10192
                                 I N  A S S E M B L Y
                                   October 15, 2014
                                      ___________
       Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Glick,
         O'Donnell, Gottfried) -- read once and referred to  the  Committee  on
         Real Property Taxation
       AN  ACT  to  amend the real property tax law, in relation to imposing an
         additional tax on certain non-primary residence class  one  and  class
         two properties in a city with a population of one million or more
         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  a  new
    2  section 307-b to read as follows:
    3    S 307-B. ADDITIONAL TAX ON CERTAIN NON-PRIMARY RESIDENCE PROPERTIES IN
    4  A  CITY WITH A POPULATION OF ONE MILLION OR MORE. 1. GENERALLY. NOTWITH-
    5  STANDING ANY PROVISION OF ANY GENERAL, SPECIFIC  OR  LOCAL  LAW  TO  THE
    6  CONTRARY,  ANY  CITY  WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY
    7  AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND  LOCAL  LAWS  IN  ACCORDANCE
    8  WITH  THIS  SECTION  IMPOSING  AN  ADDITIONAL TAX ON CERTAIN RESIDENTIAL
    9  PROPERTIES.
   10    2. DEFINITIONS. AS USED IN THIS SECTION: (A) "COMMISSIONER OF FINANCE"
   11  MEANS THE COMMISSIONER OF FINANCE OF A CITY HAVING A POPULATION  OF  ONE
   12  MILLION OR MORE, OR HIS OR HER DESIGNEE.
   13    (B)  "DEPARTMENT OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF A CITY
   14  HAVING A POPULATION OF ONE MILLION OR MORE.
   15    (C) "MARKET VALUE" SHALL MEAN THE CURRENT MONETARY VALUE OF THE  PROP-
   16  ERTY,  USING  A COMPARABLE SALE-BASED VALUATION METHOD, AS DETERMINED BY
   17  THE DEPARTMENT OF FINANCE.
   18    3. ADDITIONAL TAX.  A LOCAL LAW ENACTED PURSUANT TO THIS  SECTION  MAY
   19  PROVIDE  FOR  A REAL PROPERTY TAX IN ACCORDANCE WITH THE FOLLOWING TABLE
   20  FOR FISCAL YEARS BEGINNING ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN:
   21  IF THE MARKET VALUE OF THE              THE TAX IS:
   22  PROPERTY IS:
   23  OVER $5,000,000 BUT NOT                 $0 PLUS .5% OF EXCESS
   24  OVER $6,000,000                         OVER $5,000,000
   25  OVER $6,000,000                         $5,000 PLUS 1% OF EXCESS
   26  BUT NOT OVER $10,000,000                OVER $6,000,000
   27  OVER $10,000,000 BUT NOT                $45,000 PLUS 1.5% OF EXCESS
   28  OVER $15,000,000                        OVER $10,000,000
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15799-02-4
       A. 10192                            2
    1  OVER $15,000,000 BUT NOT                $120,000 PLUS 2% OF EXCESS
    2  OVER $20,000,000                        OVER $15,000,000
    3  OVER $20,000,000 BUT NOT                $220,000 PLUS 3% OF EXCESS
    4  OVER $25,000,000                        OVER $20,000,000
    5  OVER $25,000,000                        $370,000 PLUS 4% OF EXCESS
    6                                          OVER $25,000,000
    7    4.  PROPERTY  SUBJECT TO ADDITIONAL TAX.  SUCH TAX SHALL BE IMPOSED ON
    8  CLASS ONE PROPERTIES, AS  THAT  TERM  IS  DEFINED  IN  SECTION  EIGHTEEN
    9  HUNDRED  TWO OF THIS CHAPTER, EXCLUDING VACANT LAND, AND ALL OTHER RESI-
   10  DENTIAL REAL PROPERTY HELD IN CONDOMINIUM OR COOPERATIVE FORM OF  OWNER-
   11  SHIP,  THAT  HAS A MARKET VALUE OF FIVE MILLION DOLLARS OR HIGHER AND IS
   12  NOT THE PRIMARY RESIDENCE OF THE OWNER OR OWNERS OF  SUCH  PROPERTY,  OR
   13  THE PRIMARY RESIDENCE OF THE PARENT OR CHILD OF SUCH OWNER OR OWNERS.
   14    5. PRIMARY RESIDENCE AND/OR RELATIONSHIP TO OWNER OR OWNERS. THE PROP-
   15  ERTY  SHALL BE DEEMED TO BE THE PRIMARY RESIDENCE OF THE OWNER OR OWNERS
   16  THEREOF, IF SUCH PROPERTY WOULD BE ELIGIBLE TO RECEIVE THE REAL PROPERTY
   17  TAX EXEMPTION PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THIS CHAP-
   18  TER, REGARDLESS OF WHETHER SUCH OWNER OR OWNERS HAVE FILED  AN  APPLICA-
   19  TION  FOR, OR THE PROPERTY IS CURRENTLY RECEIVING SUCH EXEMPTION.  PROOF
   20  OF PRIMARY RESIDENCE AND THE RESIDENT'S OR  RESIDENTS'  RELATIONSHIP  TO
   21  THE  OWNER OR OWNERS SHALL BE IN THE FORM OF A CERTIFICATION AS REQUIRED
   22  BY LOCAL LAW OR THE RULES OF THE COMMISSIONER.
   23    6. RULES. THE DEPARTMENT OF FINANCE OF ANY CITY ENACTING A  LOCAL  LAW
   24  PURSUANT TO THIS SECTION SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS,
   25  POWERS  AND DUTIES WHICH HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE
   26  POWER TO MAKE AND PROMULGATE RULES TO CARRY OUT  THE  PURPOSES  OF  THIS
   27  SECTION  INCLUDING,  BUT NOT LIMITED TO, RULES RELATING THE TIMING, FORM
   28  AND MANNER OF ANY CERTIFICATION REQUIRED  TO  BE  SUBMITTED  UNDER  THIS
   29  SECTION.
   30    7.  PENALTIES.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  ANY GENERAL,
   31  SPECIAL OR LOCAL LAW TO THE  CONTRARY,  AN  OWNER  OR  OWNERS  SHALL  BE
   32  PERSONALLY  LIABLE  FOR ANY TAXES OWED PURSUANT TO THIS SECTION WHENEVER
   33  SUCH OWNER OR OWNERS FAIL TO COMPLY WITH THIS SECTION OR THE  LOCAL  LAW
   34  OR  RULES  PROMULGATED  THEREUNDER,  OR  MAKES  SUCH FALSE OR MISLEADING
   35  STATEMENT OR OMISSION AND THE COMMISSIONER DETERMINES THAT SUCH ACT  WAS
   36  DUE  TO THE OWNER OR OWNERS' WILLFUL NEGLECT, OR THAT UNDER SUCH CIRCUM-
   37  STANCES SUCH ACT CONSTITUTED A  FRAUD  ON  THE  DEPARTMENT.  THE  REMEDY
   38  PROVIDED  HEREIN  FOR  AN ACTION IN PERSONAM SHALL BE IN ADDITION TO ANY
   39  OTHER REMEDY OR PROCEDURE FOR THE ENFORCEMENT OF  COLLECTION  OF  DELIN-
   40  QUENT TAXES PROVIDED BY ANY GENERAL, SPECIAL OR LOCAL LAW.
   41    (B)  IF THE COMMISSIONER SHOULD DETERMINE, WITHIN THREE YEARS FROM THE
   42  FILING OF AN APPLICATION OR CERTIFICATION PURSUANT TO THIS SECTION, THAT
   43  THERE WAS A MATERIAL MISSTATEMENT ON SUCH APPLICATION OR  CERTIFICATION,
   44  HE  OR SHE SHALL PROCEED TO IMPOSE A PENALTY TAX AGAINST THE PROPERTY OF
   45  TEN THOUSAND DOLLARS, IN ACCORDANCE WITH THE LOCAL LAW OR RULES  PROMUL-
   46  GATED HEREUNDER.
   47    8. CESSATION OF USE. IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION
   48  FROM  TAXATION PURSUANT TO THIS SECTION CEASES TO BE USED AS THE PRIMARY
   49  RESIDENCE OF SUCH OWNER OR OWNERS OR HIS, HER OR THEIR PARENT OR  CHILD,
   50  SUCH  OWNER  OR  OWNERS SHALL SO NOTIFY THE COMMISSIONER OF FINANCE IN A
   51  TIME, FORM AND MANNER AS SO REQUIRED BY LOCAL LAW OR THE  RULES  OF  THE
   52  COMMISSIONER.
   53    S 2. This act shall take effect immediately.