Bill Text: NY S06548 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides for the establishment of a home purchase account; enables first time house, townhouse, condominium or unit in a cooperative housing corporation purchasers to deposit monies into an account established at a banking institution and be able to take a tax deduction for the amount deposited, not exceeding $5,000 for an individual and $10,000 for a couple; provides withdrawal of the monies in the fund will not make an individual liable to income tax if such monies are applied toward the purchase of a house, townhouse, condominium or unit in a cooperative housing corporation or the construction of a house, townhouse, condominium or unit in a cooperative housing corporation; provides that inappropriate application of fund monies shall cause the individual to be liable for income tax and be penalized.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-17 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06548 Detail]

Download: New_York-2015-S06548-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6548
                    IN SENATE
                                    January 25, 2016
                                       ___________
        Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN  ACT  to  amend the tax law, in relation to establishing a first time
          home buyer income tax deduction for monies  deposited  into  a  house,
          townhouse,  condominium  or  unit in a cooperative housing corporation
          purchase account and providing for penalties  for  unauthorized  with-
          drawals from such an account
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Subsection (c) of section 612 of the tax law is amended by
     2  adding a new paragraph 44 to read as follows:
     3    (44) The amount that may be subtracted  from  federal  adjusted  gross
     4  income pursuant to subsection (w) of this section.
     5    §  2. Section 612 of the tax law is amended by adding a new subsection
     6  (w) to read as follows:
     7    (w) Deductions for monies deposited into a house, townhouse, condomin-
     8  ium or unit in a cooperative corporation purchase account.  (1) An indi-
     9  vidual as a first time home buyer shall be entitled to  deduct  annually
    10  from his or her federal adjusted gross income that amount, not to exceed
    11  five  thousand  dollars,  deposited  into a house purchase account.   An
    12  individual and his or her spouse shall jointly be entitled to a  maximum
    13  deduction  of  ten  thousand  dollars. This amount may be divided in any
    14  manner as the parties desire for income tax purposes.
    15    (2) (A) For the purposes of this subsection, a "first time home buyer"
    16  shall mean an individual or an individual and his or her spouse, none of
    17  whom has or had an ownership interest in a principal  residence  at  any
    18  time.    No  such persons shall own any other home including vacation or
    19  investment residences, except as otherwise provided in this subsection.
    20    (B) For the purposes of this subsection, "ownership interest" includes
    21  the following: a fee simple interest, a  joint  tenancy,  a  tenancy  in
    22  common, a tenancy by the entirety, the interest of a tenant-share holder
    23  in a cooperative, a life estate and a land contract.  Interests which do
    24  not  constitute ownership interests include the following: (i) remainder
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03869-03-6
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