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.