Bill Text: NY S05726 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a tax credit for the replacement or repair of sewer lateral pipes by homeowners who use the home as their principal residence and have an income of less than two hundred fifty thousand dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05726 Detail]

Download: New_York-2023-S05726-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5726

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 15, 2023
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue

        AN ACT to amend the tax law, in  relation  to  establishing  a  sanitary
          sewer lateral pipe replacement or repair credit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (ooo) to read as follows:
     3    (ooo)  Sanitary sewer lateral pipe replacement credit. (1) General. An
     4  individual taxpayer shall be allowed a credit for taxable  years  begin-
     5  ning on or after January first, two thousand twenty-four against the tax
     6  imposed  by  this  article  for the costs to repair or replace a lateral
     7  sanitary sewer pipe, when such repair or replacement is recommended by a
     8  certified plumber or the presiding municipality. The amount of the cred-
     9  it shall be twenty-five percent of the total cost of repair or removal.
    10    (2) Lateral repair and replacement  costs.  (A)  The  term  "costs  of
    11  replacement"  includes  the  cost  of  an assessment from a plumber, any
    12  initial appraisals, labor costs, disposal fees, and cleanup fees; except
    13  any state or local sales tax applicable to the services  performed.  (B)
    14  The  term  "costs  of  repair" includes the cost of an assessment from a
    15  plumber,  any  initial  appraisals,  labor  costs,  disposal  fees,  and
    16  follow-up  fees;  except  any state or local sales tax applicable to the
    17  services.
    18    (3) Amount of credit. The aggregate  amount  of  tax  credits  allowed
    19  under  this  subsection  in  any  calendar  year statewide shall be five
    20  million dollars.
    21    (4) Lateral repair or replacement for qualified taxpayers. A  property
    22  owner  who  incurs  costs for repairing or replacing lateral sewer pipes
    23  must be replacing or repairing the lateral pipe located on a residential
    24  property or mixed-use property, which is:
    25    (A) located in this state;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09240-01-3

        S. 5726                             2

     1    (B) owned by the taxpayer;
     2    (C) used by the taxpayer as their principal residence; and
     3    (D)  owned  by  a  taxpayer  with  a household income of less than two
     4  hundred fifty thousand dollars.
     5    (5) When credit allowed. The credit provided for  in  this  subsection
     6  shall  be  allowed  with  respect  to the taxable year, commencing after
     7  January first, two thousand twenty-five in which the work  is  completed
     8  and paid for.
     9    (6)  Carryover  of credit. If the amount of the credit, and carryovers
    10  of such credit, allowable under this subsection  for  any  taxable  year
    11  shall exceed the taxpayer's tax for such year, such excess amount may be
    12  carried  over  to the five taxable years next following the taxable year
    13  with respect to which the credit is allowed and may be deducted from the
    14  taxpayer's tax for such year or years.
    15    § 2. This act shall take effect January 1, 2025, and  shall  apply  to
    16  taxable years commencing on or after such effective date.
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