Bill Text: NY S06830 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the city of New York to impose a personal income surcharge on high income residents to fund transit improvements and reduced fares for low income residents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-12 - PRINT NUMBER 6830B [S06830 Detail]

Download: New_York-2017-S06830-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6830--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 27, 2017
                                       ___________
        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the public authorities law, in relation to providing for
          the appointment of an emergency manager for the metropolitan transpor-
          tation  authority,  and providing for his or her powers and duties; to
          amend the tax law, in relation to  establishing  personal  income  tax
          rates  and  a  tax table benefit recapture for taxpayers who reside in
          the metropolitan commuter transportation district; to direct the comp-
          troller to transfer moneys in the general fund to  the  MTA  financial
          assistance  fund;  and  providing for the repeal of certain provisions
          upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "better trains, better cities act of 2017".
     3    § 2. The public authorities law is amended by  adding  a  new  section
     4  1263-a to read as follows:
     5    § 1263-a. Emergency manager. 1. There is hereby established the office
     6  of  emergency  manager  of the authority. Such manager shall oversee the
     7  authority, and implement the plan established by the  emergency  manager
     8  submitted  to  each  house  of  the legislature during the course of the
     9  confirmation of the emergency manager.
    10    2. The emergency manager of the authority shall be  appointed  by  the
    11  governor,  subject to separate confirmation by each of the houses of the
    12  legislature. Such confirmations shall be completed within ninety days of
    13  the effective date of this section; provided, however, that  upon  nomi-
    14  nation by the governor, each nominee for emergency manager shall develop
    15  and  submit to the legislature, prior to his or her confirmation, a plan
    16  outlining how the  nominee,  if  confirmed,  will  expedite  repairs  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13277-04-7

        S. 6830--A                          2
     1  authority  facilities  and  equipment,  expand  capacity, and ensure the
     2  reliability and safety of the authority facilities and equipment and the
     3  services provided thereby. No nominee shall be confirmed until such plan
     4  shall have been received and reviewed by each house of the legislature.
     5    3. The emergency manager shall have all the powers of the board of the
     6  authority  as  they relate to expediting repairs to authority facilities
     7  and equipment, expanding capacity, and ensuring reliability  and  safety
     8  of the authority facilities and equipment and services provided thereby,
     9  and shall implement the plan he or she submitted to the legislature. The
    10  emergency  manager's authority to implement his or her plan shall super-
    11  sede the authority of the board of  the  authority,  unless  such  board
    12  shall  by  a  vote  of  ten  voting members thereof overrides a specific
    13  action of the emergency manager.
    14    § 3. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
    15  subsection (a) of section 601 of the tax law, as added by section  1  of
    16  part  R  of  chapter  59  of  the  laws  of 2017, are amended to read as
    17  follows:
    18    (i) For taxable years beginning in two thousand eighteen the following
    19  rates shall apply:
    20    1. For taxpayers who  reside  outside  of  the  metropolitan  commuter
    21  transportation  district  created  and  established  pursuant to section
    22  twelve hundred sixty-two of the public authorities law:
    23  If the New York taxable income is:    The tax is:
    24  Not over $17,150                      4% of the New York taxable
    25                                        income
    26  Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
    27                                        $17,150
    28  Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
    29                                        $23,600
    30  Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
    31                                        $27,900
    32  Over $43,000 but not over $161,550    $2,093 plus 6.33% of excess over
    33                                        $43,000
    34  Over $161,550 but not over $323,200   $9,597 plus 6.57% of excess over
    35                                        $161,550
    36  Over $323,200 but not over $2,155,350 $20,218 plus 6.85% of excess over
    37                                        $323,200
    38  Over $2,155,350                       $145,720 plus 8.82% of excess over
    39                                        $2,155,350
    40    2. For taxpayers who resided within the metropolitan  commuter  trans-
    41  portation  district  created  and established pursuant to section twelve
    42  hundred sixty-two of the public authorities law:
    43  If the New York taxable income is:    The tax is:
    44  Not over $17,150                      4% of the New York taxable
    45                                        income
    46  Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
    47                                        $17,150
    48  Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
    49                                        $23,600
    50  Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
    51                                        $27,900
    52  Over $43,000 but not over $161,550    $2,093 plus 6.21% of excess over
    53                                        $43,000
    54  Over $161,550 but not over $323,200   $9,597 plus 6.57% of excess over

        S. 6830--A                          3
     1                                        $161,550
     2  Over $323,200 but not over            $20,218 plus 6.85% of excess over
     3  $2,000,000                            $323,200
     4  Over $2,000,000 but not over          $135,079 plus 8.98% of excess
     5  $6,000,000                            over $2,000,000
     6  Over $6,000,000 but not over          $494,279 plus 9.08% of excess
     7  $11,000,000                           over $6,000,000
     8  Over $11,000,000                      $948,279 plus 9.28% of excess
     9                                        over $11,000,000
    10    (ii)  For taxable years beginning in two thousand nineteen the follow-
    11  ing rates shall apply:
    12    1. For taxpayers who  reside  outside  of  the  metropolitan  commuter
    13  transportation  district  created  and  established  pursuant to section
    14  twelve hundred sixty-two of the public authorities law:
    15  Not over $17,150                      4% of the New York taxable
    16                                        income
    17  Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
    18                                        $17,150
    19  Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
    20                                        $23,600
    21  Over $43,000 but not over $161,550    $2,093 plus 6.21% of excess over
    22                                        $43,000
    23  Over $161,550 but not over $323,200   $9,455 plus 6.49% of excess over
    24                                        $161,550
    25  Over $323,200 but not over            $19,946 plus 6.85% of excess over
    26  $2,155,350                            $323,200
    27  Over $2,155,350                       $145,448 plus 8.82% of excess over
    28                                        $2,155,350
    29    2. For taxpayers who resided within the metropolitan  commuter  trans-
    30  portation  district  created  and  established  pursuant  to the section
    31  twelve hundred sixty-two of the public authorities law:
    32  Not over $17,150                      4% of the New York taxable
    33                                        income
    34  Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
    35                                        $17,150
    36  Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
    37                                        $23,600
    38  Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
    39                                        $27,900
    40  Over $43,000 but not over $161,550    $2,093 plus 6.21% of excess over
    41                                        $43,000
    42  Over $161,550 but not over $323,200   $9,455 plus 6.49% of excess over
    43                                        $161,550
    44  Over $323,200 but not over $2,000,000 $19,946 plus 6.85% of excess over
    45                                        $323,200
    46  Over $2,000,000 but not over          $134,807 plus 8.98% of excess
    47  $6,000,000                            over 2,000,000
    48  Over $6,000,000 but not over          $494,007 plus 9.08% of excess
    49  $11,000,000                           over $6,000,000
    50  Over $11,000,000                      $948,000 plus 9.28% over
    51                                        $11,000,000
    52    (iii) For taxable years beginning in two thousand twenty the following
    53  rates shall apply:
    54    1. For taxpayers who  reside  outside  of  the  metropolitan  commuter
    55  transportation  district  created  and  established  pursuant to section
    56  twelve hundred sixty-two of the public authorities law:

        S. 6830--A                          4
     1  If the New York taxable income is:    The tax is:
     2  Not over $17,150                      4% of the New York taxable income
     3  Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
     4                                        $17,150
     5  Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
     6                                        $23,600
     7  Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
     8                                        $27,900
     9  Over $43,000 but not over $161,550    $2,093 plus 6.09% of excess over
    10                                        $43,000
    11  Over $161,550 but not over $323,200   $9,313 plus 6.41% of excess over
    12                                        $161,550
    13  Over $323,200                         $19,674 plus 6.85% of excess over
    14                                        $323,200
    15    2.  For  taxpayers who resided within the metropolitan commuter trans-
    16  portation district created and established pursuant  to  section  twelve
    17  hundred sixty-two of the public authorities law:
    18  If the New York taxable income is:    The tax is:
    19  Not over $17,150                      4% of the New York taxable income
    20  Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
    21                                        $17,150
    22  Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
    23                                        $23,600
    24  Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
    25                                        $27,900
    26  Over $43,000 but not over $161,550    $2,093 plus 6.09% of excess over
    27                                        $43,000
    28  Over $161,550 but not over $323,200   $9,313 plus 6.41% of excess over
    29                                        $161,550
    30  Over $323,200 but not over            $19,674 plus 6.85% of excess over
    31  $2,000,000                            $323,200
    32  Over $2,000,000 but not over          $134,535 plus 8.98% of excess over
    33  $6,000,000                            $2,000,000
    34  Over $6,000,000 but not over          $493,735 plus 9.08% of excess over
    35  $11,000,000                           $6,000,000
    36  Over $11,000,000                      $947,735 plus 9.28% of excess over
    37                                        $11,000,000
    38    § 4. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
    39  subsection  (b)  of section 601 of the tax law, as added by section 2 of
    40  part R of chapter 59 of the  laws  of  2017,  are  amended  to  read  as
    41  follows:
    42    (i) For taxable years beginning in two thousand eighteen the following
    43  rates shall apply:
    44    1.  For  taxpayers  who  reside  outside  of the metropolitan commuter
    45  transportation district created  and  established  pursuant  to  section
    46  twelve hundred sixty-two of the public authorities law:
    47  If the New York taxable income is:    The tax is:
    48  Not over $12,800                      4% of the New York taxable income
    49  Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
    50  Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
    51                                        $17,650
    52  Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
    53  Over $32,200 but not over $107,650    $1,568 plus 6.33% of excess over
    54                                        $32,200
    55  Over $107,650 but not over $269,300   $6,344 plus 6.57% of excess over

        S. 6830--A                          5
     1                                        $107,650
     2  Over $269,300 but not over $1,616,450 $16,964 plus 6.85% of excess over
     3                                        $269,300
     4  Over $1,616,450                       $109,244 plus 8.82% of excess over
     5                                        $1,616,450
     6    2.  For  taxpayers who resided within the metropolitan commuter trans-
     7  portation district created  and  established  pursuant  to  the  section
     8  twelve hundred sixty-two of the public authorities law:
     9  If the New York taxable income is:    The tax is:
    10  Not over $12,800                      4% of the New York taxable income
    11  Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
    12  Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
    13                                        $17,650
    14  Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
    15  Over $32,200 but not over $107,650    $1,568 plus 6.33% of excess over
    16                                        $32,200
    17  Over $107,650 but not over $269,300   $6,344 plus 6.57% of excess over
    18                                        $107,650
    19  Over $269,300 but not over            $16,964 plus 6.85% of excess over
    20  $1,605,650                            $269,300
    21  Over $1,605,650 but not over          $108,504 plus 8.98% of excess over
    22  $5,500,000                            $1,605,650
    23  Over $5,500,000 but not over          $458,217 plus 9.08% of excess over
    24  $10,500,000                           $5,500,000
    25  Over $10,500,000                      $912,217 plus 9.28% of excess over
    26                                        $10,500,000
    27    (ii)  For taxable years beginning in two thousand nineteen the follow-
    28  ing rates shall apply:
    29    1. For taxpayers who  reside  outside  of  the  metropolitan  commuter
    30  transportation  district  created  and  established  pursuant to section
    31  twelve hundred sixty-two of the public authorities law:
    32  If the New York taxable income is:    The tax is:
    33  Not over $12,800                      4% of the New York taxable income
    34  Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
    35  Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
    36                                        $17,650
    37  Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
    38  Over $32,200 but not over $107,650    $1,568 plus 6.21% of excess over
    39                                        $32,200
    40  Over $107,650 but not over $269,300   $6,253 plus 6.49% of excess over
    41                                        $107,650
    42  Over $269,300 but not over            $16,744 plus 6.85% of excess over
    43  $1,616,450                            $269,300
    44  Over $1,616,450                       $109,024 plus 8.82% of excess over
    45                                        $1,616,450
    46    2. For taxpayers who resided within the metropolitan  commuter  trans-
    47  portation  district  created  and  established  pursuant  to the section
    48  twelve hundred sixty-two of the public authorities law:
    49  If the New York taxable income is:    The tax is:
    50  Not over $12,800                      4% of the New York taxable income
    51  Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
    52  Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
    53                                        $17,650
    54  Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
    55  Over $32,200 but not over $107,650    $1,568 plus 6.21% of excess over

        S. 6830--A                          6
     1                                        $32,200
     2  Over $107,650 but not over $269,300   $6,253 plus 6.49% of excess over
     3                                        $107,650
     4  Over $269,300 but not over            $16,744 plus 6.85% of excess over
     5  $1,605,650                            $269,300
     6  Over $1,605,650 but not over          $108,284 plus 8.98% of excess over
     7  $5,500,000                            $1,605,650
     8  Over $5,500,000 but not over          $457,997 plus 9.08% of excess over
     9  $10,500,000                           $5,500,000
    10  Over $10,500,000                      $911,997 plus 9.28% of excess over
    11                                        $10,500,000
    12    (iii) For taxable years beginning in two thousand twenty the following
    13  rates shall apply:
    14    1.  For  taxpayers  who  reside  outside  of the metropolitan commuter
    15  transportation district created  and  established  pursuant  to  section
    16  twelve hundred sixty-two of the public authorities law:
    17  If the New York taxable income is:    The tax is:
    18  Not over $12,800                      4% of the New York taxable income
    19  Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
    20  Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
    21                                        $17,650
    22  Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
    23  Over $32,200 but not over $107,650    $1,568 plus 6.09% of excess over
    24                                        $32,200
    25  Over $107,650 but not over $269,300   $6,162 plus 6.41% of excess over
    26                                        $107,650
    27  Over $269,300                         $16,524 plus 6.85% of excess over
    28                                        $269,300
    29    2.  For  taxpayers who resided within the metropolitan commuter trans-
    30  portation district created and established pursuant  to  section  twelve
    31  hundred sixty-two of the public authorities law:
    32  If the New York taxable income is:    The tax is:
    33  Not over $12,800                      4% of the New York taxable income
    34  Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
    35  Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
    36                                        $17,650
    37  Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
    38  Over $32,200 but not over $107,650    $1,568 plus 6.09% of excess over
    39                                        $32,200
    40  Over $107,650 but not over $269,300   $6,162 plus 6.41% of excess over
    41                                        $107,650
    42  Over $269,300 but not over            $16,524 plus 6.85% of excess over
    43  $1,605,650                            $269,300
    44  Over $1,605,650 but not over          $108,064 plus 8.98% of excess
    45  $5,500,000                            over $1,605,650
    46  Over $5,500,000 but not over          $457,777 plus 9.08% of excess
    47  $10,500,000                           over $5,500,000
    48  Over $10,500,000                      $911,777 plus 9.28% of excess
    49                                        over $10,500,000
    50    § 5. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
    51  subsection  (c)  of section 601 of the tax law, as added by section 3 of
    52  part R of chapter 59 of the  laws  of  2017,  are  amended  to  read  as
    53  follows:
    54    (i) For taxable years beginning in two thousand eighteen the following
    55  rates shall apply:

        S. 6830--A                          7
     1    1.  For  taxpayers  who  reside  outside  of the metropolitan commuter
     2  transportation district created  and  established  pursuant  to  section
     3  twelve hundred sixty-two of the public authorities law:
     4  If the New York taxable income is:    The tax is:
     5  Not over $8,500                       4% of the New York taxable income
     6  Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
     7                                        $8,500
     8  Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
     9                                        $11,700
    10  Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
    11                                        $13,900
    12  Over $21,400 but not over $80,650     $1,042 plus 6.33% of excess over
    13                                        $21,400
    14  Over $80,650 but not over $215,400    $4,793 plus 6.57% of excess over
    15                                        $80,650
    16  Over $215,400 but not over $1,077,550 $13,646 plus 6.85% of excess over
    17                                        $215,400
    18  Over $1,077,550                       $72,703 plus 8.82% of excess over
    19                                        $1,077,550
    20    2.  For  taxpayers who resided within the metropolitan commuter trans-
    21  portation district created and established pursuant  to  section  twelve
    22  hundred sixty-two of the public authorities law:
    23  If the New York taxable income is:    The tax is:
    24  Not over $8,500                       4% of the New York taxable income
    25  Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
    26                                        $8,500
    27  Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
    28                                        $11,700
    29  Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
    30                                        $13,900
    31  Over $21,400 but not over $80,650     $1,042 plus 6.33% of excess over
    32                                        $21,400
    33  Over $80,650 but not over $215,400    $4,793 plus 6.57% of excess over
    34                                        $80,650
    35  Over $215,400 but not over            $13,646 plus 6.85% of excess over
    36  $1,070,350                            $215,400
    37  Over $1,070,350 but not over          $72,210 plus 8.98% of excess over
    38  $5,000,000                            $1,070,350
    39  Over $5,000,000 but not over          $425,093 plus 9.08% of excess over
    40  $10,000,000                           $5,000,000
    41  Over $10,000,000                      $879,093 plus 9.28% of excess over
    42                                        $10,000,000
    43    (ii)  For taxable years beginning in two thousand nineteen the follow-
    44  ing rates shall apply:
    45    1. For taxpayers who  reside  outside  of  the  metropolitan  commuter
    46  transportation  district  created  and  established  pursuant to section
    47  twelve hundred sixty two of the public authorities law:
    48  If the New York taxable income is:    The tax is:
    49  Not over $8,500                       4% of the New York taxable income
    50  Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
    51                                        $8,500
    52  Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
    53                                        $11,700
    54  Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
    55                                        $13,900
    56  Over $21,400 but not over $80,650     $1,042 plus 6.21% of excess over

        S. 6830--A                          8
     1                                        $21,400
     2  Over $80,650 but not over $215,400    $4,721 plus 6.49% of excess over
     3                                        $80,650
     4  Over $215,400 but not over            $13,467 plus 6.85% of excess over
     5  $1,077,550                            $215,400
     6  Over $1,077,550                       $72,524 plus 8.82% of excess over
     7                                        $1,077,550
     8    2.  For  taxpayers who resided within the metropolitan commuter trans-
     9  portation district created and established pursuant  to  section  twelve
    10  hundred sixty-two of the public authorities law:
    11  If the New York taxable income is:    The tax is:
    12  Not over $8,500                       4% of the New York taxable income
    13  Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
    14                                        $8,500
    15  Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
    16                                        $11,700
    17  Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
    18                                        $13,900
    19  Over $21,400 but not over $80,650     $1,042 plus 6.21% of excess over
    20                                        $21,400
    21  Over $80,650 but not over $215,400    $4,721 plus 6.49% of excess over
    22                                        $80,650
    23  Over $215,400 but not over            $13,467 plus 6.85% of excess over
    24  $1,070,350                            $215,400
    25  Over $1,070,350 but not over          $72,031 plus 8.98% of excess over
    26  5,000,000                             $1,070,350
    27  Over $5,000,000 but not over          $424,914 plus 9.08% of excess over
    28  $10,000,000                           $5,000,000
    29  Over $10,000,000                      $878,914 plus 9.28% of excess over
    30                                        $10,000,000
    31    (iii) For taxable years beginning in two thousand twenty the following
    32  rates shall apply:
    33    1.  For  taxpayers  who  reside  outside  of the metropolitan commuter
    34  transportation district created  and  established  pursuant  to  section
    35  twelve hundred sixty-two of the public authorities law:
    36  If the New York taxable income is:    The tax is:
    37  Not over $8,500                       4% of the New York taxable income
    38  Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
    39                                        $8,500
    40  Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
    41                                        $11,700
    42  Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
    43                                        $13,900
    44  Over $21,400 but not over $80,650     $1,042 plus 6.09% of excess over
    45                                        $21,400
    46  Over $80,650 but not over $215,400    $4,650 plus 6.41% of excess over
    47                                        $80,650
    48  Over $215,400                         $13,288 plus 6.85% of excess over
    49                                        $215,400
    50    2.  For  taxpayers who resided within the metropolitan commuter trans-
    51  portation district created  and  established  pursuant  to  the  section
    52  twelve hundred sixty-two of the public authorities law:
    53  If the New York taxable income is:    The tax is:
    54  Not over $8,500                       4% of the New York taxable income
    55  Over $8,500 but not over $11,700      $340 plus 4.5% of excess over

        S. 6830--A                          9
     1                                        $8,500
     2  Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
     3                                        $11,700
     4  Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
     5                                        $13,900
     6  Over $21,400 but not over $80,650     $1,042 plus 6.09% of excess over
     7                                        $21,400
     8  Over $80,650 but not over $215,400    $4,650 plus 6.41% of excess over
     9                                        $80,650
    10  Over $215,400 but not over            $13,288 plus 6.85% of excess over
    11  $1,070,350                            $215,400
    12  Over $1,070,350 but not over          $71,852 plus 8.98% of excess over
    13  $5,000,000                            $1,070,350
    14  Over $5,000,000 but not over          $424,735 plus 9.08% of excess over
    15  $10,000,000                           $5,000,000
    16  Over $10,000,000                      $878,735 plus 9.28% of excess over
    17                                        $10,000,000
    18    §  6. Section 601 of the tax law is amended by adding a new subsection
    19  (d-2) to read as follows:
    20    (d-2) Alternative tax table benefit recapture in metropolitan commuter
    21  transportation district.  For taxable years beginning on or after  Janu-
    22  ary  first, two thousand eighteen and before January first, two thousand
    23  twenty-one for a taxpayer residing in the metropolitan  commuter  trans-
    24  portation  district  created  and established pursuant to section twelve
    25  hundred sixty-two of the public authorities law whose New  York  taxable
    26  income  is  over  $2,000,000  if the taxpayer is married filing jointly,
    27  over $1,605,650 if  the  taxpayer  is  a  head  of  household,  or  over
    28  $1,070,350  if  the  taxpayer  files  singly,  there is hereby imposed a
    29  supplemental tax in addition to the tax imposed under  subsections  (a),
    30  (b)  and  (c) of this section for the purpose of recapturing the benefit
    31  of the tax tables contained in such subsections.  During  these  taxable
    32  years,  any  reference in this chapter to subsection (d) of this section
    33  shall be read as a reference to this subsection.
    34    (1) For such resident married individuals  filing  joint  returns  and
    35  resident  surviving  spouses,  the  supplemental  tax shall be an amount
    36  equal to the sum of the tax table benefits  described  in  subparagraphs
    37  (A),  (B) and (C) of this paragraph multiplied by their respective frac-
    38  tions in such subparagraphs.
    39    (A) The tax table benefit is the difference between (i) the amount  of
    40  taxable  income  set  forth  in the tax table in item two of clause (i),
    41  (ii) or (iii) of subparagraph (B) of paragraph one of subsection (a)  of
    42  this section not subject to the 8.98 percent rate of tax for the taxable
    43  year  multiplied  by  such  rate and (ii) the dollar denominated tax for
    44  such amount of taxable income set forth in the tax table  applicable  to
    45  the  taxable  year  in item one of clause (i), (ii) or (iii) of subpara-
    46  graph (B) of paragraph one of subsection (a) of this  section  less  the
    47  sum of tax table benefits in subparagraphs (A), (B) and (C) of paragraph
    48  one of subsection (d-1) of this section.  The fraction for this subpara-
    49  graph is computed as follows: the numerator is the lesser of fifty thou-
    50  sand  dollars  or  the  excess of New York adjusted gross income for the
    51  taxable year over two million dollars and the denominator is fifty thou-
    52  sand dollars.
    53    (B) The tax table benefit is the difference between (i) the amount  of
    54  taxable  income  set  forth  in the tax table in item two of clause (i),
    55  (ii) or (iii) of subparagraph (B) of paragraph one of subsection (a)  of
    56  this section not subject to the 9.08 percent rate of tax for the taxable

        S. 6830--A                         10
     1  year  multiplied  by  such  rate and (ii) the dollar denominated tax for
     2  such amount of taxable income set forth in the tax table  applicable  to
     3  the  taxable  year  in item one of clause (i), (ii) or (iii) of subpara-
     4  graph  (B)  of  paragraph one of subsection (a) of this section less the
     5  sum of the tax table benefits in subparagraphs (A), (B) and (C) of para-
     6  graph one of subsection (d-1) of this section and such tax table benefit
     7  in subparagraph (A) of this paragraph. The fraction  for  this  subpara-
     8  graph is computed as follows: the numerator is the lesser of fifty thou-
     9  sand  dollars  or  the  excess of New York adjusted gross income for the
    10  taxable year over six million dollars and the denominator is fifty thou-
    11  sand dollars. Provided, however, this subparagraph shall  not  apply  to
    12  taxpayers who are not subject to the 9.08 percent tax rate.
    13    (C)  The tax table benefit is the difference between (i) the amount of
    14  taxable income set forth in the tax table in item  two  of  clause  (i),
    15  (ii)  or (iii) of subparagraph (B) of paragraph one of subsection (a) of
    16  this section not subject to the 9.28 percent rate of tax for the taxable
    17  year multiplied by such rate and (ii) the  dollar  denominated  tax  for
    18  such  amount  of taxable income set forth in the tax table applicable to
    19  the taxable year in item one of clause (i), (ii) or (iii)  of  paragraph
    20  (B)  of  paragraph one of subsection (a) of this section less the sum of
    21  the tax table benefits in subparagraphs (A), (B) and  (C)  of  paragraph
    22  one  of  subsection (d-1) of this section and such tax table benefits in
    23  subparagraphs (A) and (B) of  this  paragraph.  The  fraction  for  this
    24  subparagraph  is  computed  as  follows:  the numerator is the lesser of
    25  fifty thousand dollars or the excess of New York adjusted  gross  income
    26  for  the taxable year over eleven million dollars and the denominator is
    27  fifty thousand dollars.  Provided, however, this subparagraph shall  not
    28  apply to taxpayers who are not subject to the 9.28 percent tax rate.
    29    (D)  Provided,  however, the total tax prior to the application of any
    30  tax credits shall not exceed the highest rate of tax set  forth  in  the
    31  tax  tables  in subsection (a) of this section multiplied by the taxpay-
    32  er's taxable income.
    33    (2) For such resident heads of households, the supplemental tax  shall
    34  be  an  amount  equal  to the sum of the tax table benefits described in
    35  subparagraphs (A), (B) and (C) of this  paragraph  multiplied  by  their
    36  respective fractions in such subparagraphs.
    37    (A)  The tax table benefit is the difference between (i) the amount of
    38  taxable income set forth in the tax table in item  two  of  clause  (i),
    39  (ii)  or (iii) of subparagraph (B) of paragraph one of subsection (b) of
    40  this section not subject to the 8.98 percent rate of tax for the taxable
    41  year multiplied by such rate and (ii) the  dollar  denominated  tax  for
    42  such  amount  of taxable income set forth in the tax table applicable to
    43  the taxable year in item one of clause (i), (ii) or  (iii)  of  subpara-
    44  graph  (B)  of  paragraph one of subsection (b) of this section less the
    45  sum of the tax table benefits in subparagraphs (A) and (B) of  paragraph
    46  two of subsection (d-1) of this section.  The fraction for this subpara-
    47  graph is computed as follows: the numerator is the lesser of fifty thou-
    48  sand  dollars  or  the  excess of New York adjusted gross income for the
    49  taxable year over one million six  hundred  five  thousand  six  hundred
    50  fifty dollars and the denominator is fifty thousand dollars.
    51    (B)  The tax table benefit is the difference between (i) the amount of
    52  taxable income set forth in the tax table in item  two  of  clause  (i),
    53  (ii)  or (iii) of subparagraph (B) of paragraph one of subsection (b) of
    54  this section not subject to the 9.08 percent rate of tax for the taxable
    55  year multiplied by such rate and (ii) the  dollar  denominated  tax  for
    56  such  amount  of taxable income set forth in the tax table applicable to

        S. 6830--A                         11
     1  the taxable year in item one of clause (i), (ii) or  (iii)  of  subpara-
     2  graph  (B)  of  paragraph one of subsection (b) of this section less the
     3  sum of the tax table benefits in subparagraphs (A) and (B) of  paragraph
     4  two  of  subsection  (d-1) of this section and such tax table benefit in
     5  subparagraph (A) of this paragraph. The fraction for  this  subparagraph
     6  is  computed  as  follows: the numerator is the lesser of fifty thousand
     7  dollars or the excess of New York adjusted gross income for the  taxable
     8  year over five million five hundred thousand dollars and the denominator
     9  is  fifty  thousand  dollars. Provided, however, this subparagraph shall
    10  not apply to taxpayers who are not subject to the 9.08 percent tax rate.
    11    (C) The tax table benefit is the difference between (i) the amount  of
    12  taxable  income  set  forth  in the tax table in item two of clause (i),
    13  (ii) or (iii) of subparagraph (B) of paragraph one of subsection (b)  of
    14  this section not subject to the 9.28 percent rate of tax for the taxable
    15  year  multiplied  by  such  rate and (ii) the dollar denominated tax for
    16  such amount of taxable income set forth in the tax table  applicable  to
    17  the  taxable  year  in item one of clause (i), (ii) or (iii) of subpara-
    18  graph (B) of paragraph one of subsection (b) of this  section  less  the
    19  sum  of the tax table benefits in subparagraphs (A) and (B) of paragraph
    20  two of subsection (d-1) of this section and such tax table  benefits  in
    21  subparagraphs  (A)  and  (B)  of  this  paragraph. The fraction for this
    22  subparagraph is computed as follows: the  numerator  is  the  lesser  of
    23  fifty  thousand  dollars or the excess of New York adjusted gross income
    24  for the taxable year over ten million five hundred thousand dollars  and
    25  the denominator is fifty thousand dollars.
    26    (D)  Provided,  however, the total tax prior to the application of any
    27  tax credits shall not exceed the highest rate of tax set  forth  in  the
    28  tax  tables  in subsection (b) of this section multiplied by the taxpay-
    29  er's taxable income.
    30    (3) For such resident unmarried individuals, resident married individ-
    31  uals filing separate  returns  and  resident  estates  and  trusts,  the
    32  supplemental  tax  shall  be an amount equal to the sum of the tax table
    33  benefits described in subparagraphs (A), (B) and (C) of  this  paragraph
    34  multiplied by their respective fractions in such subparagraphs.
    35    (A)  The tax table benefit is the difference between (i) the amount of
    36  taxable income set forth in the tax table in item  two  of  clause  (i),
    37  (ii)  or (iii) of subparagraph (B) of paragraph one of subsection (c) of
    38  this section not subject to the 8.98 percent rate of tax for the taxable
    39  year multiplied by such rate and (ii) the  dollar  denominated  tax  for
    40  such  amount  of taxable income set forth in the tax table applicable to
    41  the taxable year in item one of clause (i), (ii) or  (iii)  of  subpara-
    42  graph  (B)  of  paragraph one of subsection (c) of this section less the
    43  sum of tax table benefits in subparagraphs  (A)  and  (B)  of  paragraph
    44  three  of  subsection  (d-1)  of  this  section.   The fraction for this
    45  subparagraph is computed as follows: the  numerator  is  the  lesser  of
    46  fifty  thousand  dollars or the excess of New York adjusted gross income
    47  for the taxable year over one million  seventy  thousand  three  hundred
    48  fifty dollars and the denominator is fifty thousand dollars.
    49    (B)  The tax table benefit is the difference between (i) the amount of
    50  taxable income set forth in the tax table in item  two  of  clause  (i),
    51  (ii)  or (iii) of subparagraph (B) of paragraph one of subsection (c) of
    52  this section not subject to the 9.08 percent rate of tax for the taxable
    53  year multiplied by such rate and (ii) the  dollar  denominated  tax  for
    54  such  amount  of taxable income set forth in the tax table applicable to
    55  the taxable year in item one of clause (i), (ii) or  (iii)  of  subpara-
    56  graph  (B)  of  paragraph one of subsection (c) of this section less the

        S. 6830--A                         12
     1  sum of the tax table benefits in subparagraphs (A) and (B) of  paragraph
     2  three  of subsection (d-1) of this section and such tax table benefit in
     3  subparagraph (A) of this paragraph. The fraction for  this  subparagraph
     4  is  computed  as  follows: the numerator is the lesser of fifty thousand
     5  dollars or the excess of New York adjusted gross income for the  taxable
     6  year  over  five  million  dollars and the denominator is fifty thousand
     7  dollars. Provided, however, this subparagraph shall not apply to taxpay-
     8  ers who are not subject to the 9.08 percent tax rate.
     9    (C) The tax table benefit is the difference between (i) the amount  of
    10  taxable  income  set  forth  in the tax table in item two of clause (i),
    11  (ii) or (iii) of subparagraph (B) of paragraph one of subsection (c)  of
    12  this section not subject to the 9.28 percent rate of tax for the taxable
    13  year  multiplied  by  such  rate and (ii) the dollar denominated tax for
    14  such amount of taxable income set forth in the tax table  applicable  to
    15  the  taxable  year  in item one of clause (i), (ii) or (iii) of subpara-
    16  graph (B) of paragraph one of subsection (c) of this  section  less  the
    17  sum  of the tax table benefits in subparagraphs (A) and (B) of paragraph
    18  three of subsection (d-1) of this section and such tax table benefits in
    19  subparagraphs (A) and (B) of  this  paragraph.  The  fraction  for  this
    20  subparagraph  is  computed  as  follows:  the numerator is the lesser of
    21  fifty thousand dollars or the excess of New York adjusted  gross  income
    22  for  the  taxable  year  over ten million dollars and the denominator is
    23  fifty thousand dollars.
    24    (D) Provided, however, the total tax prior to the application  of  any
    25  tax  credits  shall  not exceed the highest rate of tax set forth in the
    26  tax tables in subsection (c) of this section multiplied by  the  taxpay-
    27  er's taxable income.
    28    §  7.    Notwithstanding  any provision of law to the contrary, and in
    29  accordance with section 4 of the state finance law, the  comptroller  is
    30  hereby  authorized  and  directed to transfer on April 1, 2018, April 1,
    31  2019 and April 1, 2020, $2,072,000,000 from the general fund to the  MTA
    32  financial assistance fund, mobility tax trust account.
    33    §  8.  This  act shall take effect immediately; provided that sections
    34  one, two, and seven of this act shall  expire  and  be  deemed  repealed
    35  January 1, 2021.
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