Bill Text: NY S03701 | 2013-2014 | General Assembly | Introduced


Bill Title: Qualifies a certain parcel of land commonly known as the Huntley Apartments for a tax credit for rehabilitation of historic property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-04-28 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03701 Detail]

Download: New_York-2013-S03701-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3701
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2013
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT in relation to qualifying a certain parcel of land located in the
         city of Syracuse, county of Onondaga for a tax  credit  for  rehabili-
         tation of historic property
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Notwithstanding any provision of subsection (oo) of section
    2  606 of the tax law or any other provision of law to  the  contrary,  the
    3  owners  of all that tract or parcel of land situate in the city of Syra-
    4  cuse, county of Onondaga, located  at  409  and  419-421  Stolp  Avenue,
    5  otherwise known and distinguished as section 87, block 12, lots 113, 114
    6  and  115 of the Stolp Addition and commonly known as the "Huntley Apart-
    7  ments", shall qualify for a tax credit for  rehabilitation  of  historic
    8  real property.
    9    For taxable years before January 1, 2016, the owners of all that tract
   10  or  parcel  of land described above shall be allowed a credit as herein-
   11  after provided, against the tax imposed by article 22 of the tax law, in
   12  an amount equal to one hundred percent of the amount of  credit  allowed
   13  the  taxpayer  with  respect  to  a  certified  historic structure under
   14  subsection (a) (2) of section 47 of the federal  internal  revenue  code
   15  with respect to a certified historic structure located within the state;
   16  provided, however, the credit shall not exceed five million dollars. For
   17  taxable  years  beginning on or after January 1, 2016, the owners of all
   18  that tract or parcel of land described above shall be allowed  a  credit
   19  as  hereinafter  provided,  against the tax imposed by article 22 of the
   20  tax law, in an amount equal to thirty percent of the  amount  of  credit
   21  allowed  the  taxpayer  with  respect  to a certified historic structure
   22  under subsection (a)(2) of section 47 of the  federal  internal  revenue
   23  code  with  respect to a certified historic structure located within the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04514-01-3
       S. 3701                             2
    1  state; provided, however, the credit shall not exceed one hundred  thou-
    2  sand  dollars.    Tax  credits allowed pursuant to this section shall be
    3  allowed in the taxable year that the qualified rehabilitation is  placed
    4  in service under section 167 of the federal internal revenue code.
    5    If  the  taxpayer  is a partner in a partnership or a shareholder of a
    6  New York S corporation, then the credit  cap  imposed  by  this  section
    7  shall  be  applied  at  the  entity  level, so that the aggregate credit
    8  allowed to all the partners or shareholders of each such entity  in  the
    9  taxable  year  does not exceed the credit cap that is applicable in that
   10  taxable year.
   11     If the credit allowed the taxpayer pursuant  to  section  47  of  the
   12  internal  revenue  code  with  respect  to a qualified rehabilitation is
   13  recaptured pursuant to subsection (a) of  section  50  of  the  internal
   14  revenue code, a portion of the credit allowed under this section must be
   15  added  back  in  the same taxable year and in the same proportion as the
   16  federal recapture.  If the amount of the  credit  allowable  under  this
   17  section  for  any  taxable year shall exceed the taxpayer's tax for such
   18  year, the excess may be carried over to the following year or years, and
   19  may be applied against the taxpayer's tax for such year or years.
   20    S 2. This act shall take effect immediately.
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