Bill Text: NY S01224 | 2017-2018 | General Assembly | Amended


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: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2018-03-06 - REPORTED AND COMMITTED TO FINANCE [S01224 Detail]

Download: New_York-2017-S01224-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1224--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by Sens. AKSHAR, PHILLIPS -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and  Government  Operations  -- reported favorably from said committee
          and committed to the Committee on  Finance  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04254-02-7

        S. 1224--A                          2
     1  this article equal to five hundred dollars and a resident  taxpayer  who
     2  serves  as an active volunteer firefighter or volunteer ambulance worker
     3  and has been in good standing for a  minimum  of  five  years  shall  be
     4  allowed  a  credit  against the tax imposed by this article equal to one
     5  thousand dollars. In order to receive this credit a volunteer firefight-
     6  er or volunteer ambulance worker must have been active  for  the  entire
     7  taxable year for which the credit is sought.
     8    (2)  If  a taxpayer receives a real property tax exemption relating to
     9  such service under title two of article four of the  real  property  tax
    10  law,  such  taxpayer  shall  not  be eligible for this credit; provided,
    11  however (A) if the taxpayer receives such real property tax exemption in
    12  the two thousand seven taxable year as a result  of  making  application
    13  therefor  in  a  prior  year  or (B) if the taxpayer notifies his or her
    14  assessor in writing by December thirty-first, two thousand seven of  the
    15  taxpayer's intent to discontinue such real property tax exemption by not
    16  re-applying  for  such  real  property tax exemption by the next taxable
    17  status date, such taxpayer shall be eligible for this credit for the two
    18  thousand seven taxable year.
    19    (3) In the case of a husband and wife who file a joint return and  who
    20  both  individually  qualify  for  the  credit under this subsection, for
    21  taxable years beginning on and after January first, two  thousand  seven
    22  and  before  January  first,  two  thousand seventeen, the amount of the
    23  credit allowed shall be four hundred dollars. For taxable  years  begin-
    24  ning  on  and after January first, two thousand seventeen, the amount of
    25  the credit shall be one thousand dollars where at least one of the qual-
    26  ifying spouses has served as an active volunteer firefighter  or  volun-
    27  teer ambulance worker for less than five years. In the case of a husband
    28  and  wife who file a joint return, who both individually qualify for the
    29  credit under this subsection and who have each served a minimum of  five
    30  years, the amount of the credit allowed shall be two thousand dollars.
    31    (4)  If the amount of the credit allowed under this subsection for any
    32  taxable year shall exceed the taxpayer's tax for such year,  the  excess
    33  shall  be treated as an overpayment of tax to be credited or refunded in
    34  accordance with the provisions of section six hundred eighty-six of this
    35  article, provided, however, that no interest shall be paid thereon.
    36    § 2. Subsection (e-1) of section 606 of  the  tax  law,  as  added  by
    37  section  1  of  part U of chapter 62 of the laws of 2006, paragraph 2 as
    38  amended by chapter 532 of the laws of 2007, paragraph  3  as  added  and
    39  paragraph  4  as  renumbered by section 4 of part N of chapter 61 of the
    40  laws of 2006, is amended to read as follows:
    41    (e-1) Volunteer firefighters' and ambulance workers' credit.  (1)  For
    42  taxable  years  beginning on and after January first, two thousand seven
    43  and before January first, two thousand seventeen,  a  resident  taxpayer
    44  who  serves as an active volunteer firefighter as defined in subdivision
    45  one of section two hundred fifteen of the general municipal law or as  a
    46  volunteer ambulance worker as defined in subdivision fourteen of section
    47  two  hundred  nineteen-k of the general municipal law shall be allowed a
    48  credit against the tax imposed by this  article  equal  to  two  hundred
    49  dollars.    For  taxable years beginning on and after January first, two
    50  thousand seventeen, a resident taxpayer who serves as an  active  volun-
    51  teer  firefighter  as  defined in subdivision one of section two hundred
    52  fifteen of the general municipal law or as a volunteer ambulance  worker
    53  as  defined in subdivision fourteen of section two hundred nineteen-k of
    54  the general municipal law and has been in good standing for a period  of
    55  four  years or less shall be allowed a credit against the tax imposed by
    56  this article equal to five hundred dollars and a resident  taxpayer  who

        S. 1224--A                          3
     1  serves  as an active volunteer firefighter or volunteer ambulance worker
     2  and has been in good standing for a  minimum  of  five  years  shall  be
     3  allowed  a  credit  against the tax imposed by this article equal to one
     4  thousand dollars. In order to receive this credit a volunteer firefight-
     5  er  or  volunteer  ambulance worker must have been active for the entire
     6  taxable year for which the credit is sought.
     7    (2) If a taxpayer receives a real property tax exemption  relating  to
     8  such  service  under  title two of article four of the real property tax
     9  law, such taxpayer shall not be  eligible  for  this  credit;  provided,
    10  however (A) if the taxpayer receives such real property tax exemption in
    11  the  two  thousand  seven taxable year as a result of making application
    12  therefor in a prior year or (B) if the  taxpayer  notifies  his  or  her
    13  assessor  in writing by December thirty-first, two thousand seven of the
    14  taxpayer's intent to discontinue such real property tax exemption by not
    15  re-applying for such real property tax exemption  by  the  next  taxable
    16  status date, such taxpayer shall be eligible for this credit for the two
    17  thousand seven taxable year.
    18    (3)  In the case of a husband and wife who file a joint return and who
    19  both individually qualify for the credit under this subsection for taxa-
    20  ble years beginning on and after January first two  thousand  seven  and
    21  before  January  first, two thousand seventeen, the amount of the credit
    22  allowed shall be four hundred dollars. For taxable  years  beginning  on
    23  and after January first, two thousand seventeen, the amount of the cred-
    24  it  shall  be  one thousand dollars where at least one of the qualifying
    25  spouses has served as an active volunteer firefighter or volunteer ambu-
    26  lance worker for less than five years. In the case of a husband and wife
    27  who file a joint return, who both individually qualify  for  the  credit
    28  under  this subsection and who have each served a minimum of five years,
    29  the amount of the credit allowed shall be two thousand dollars.
    30    (4) If the amount of the credit allowed under this subsection for  any
    31  taxable  year  shall exceed the taxpayer's tax for such year, the excess
    32  shall be treated as an overpayment of tax to be credited or refunded  in
    33  accordance with the provisions of section six hundred eighty-six of this
    34  article, provided, however, that no interest shall be paid thereon.
    35    §  3.  This  act shall take effect immediately; provided, however, the
    36  amendments to subsection (e-2) of section 606 of the  tax  law  made  by
    37  section one of this act shall be subject to the expiration and reversion
    38  of  such subsection pursuant to section 3 of part K of chapter 59 of the
    39  laws of 2014, as amended, when upon such date the provisions of  section
    40  two of this act shall take effect.
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