Bill Text: NY S06970 | 2017-2018 | General Assembly | Introduced


Bill Title: Increases the income thresholds for and the amounts of the real property tax circuit breaker personal income tax credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06970 Detail]

Download: New_York-2017-S06970-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6970
                               2017-2018 Regular Sessions
                    IN SENATE
                                    December 13, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the tax law,  in  relation  to  the  real  property  tax
          circuit breaker personal income tax credit
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs 3 and 7 of subsection (e) of section 606 of  the
     2  tax  law,  as  amended by chapter 28 of the laws of 1987, are amended to
     3  read as follows:
     4    (3) Determination of credit. (A)  For  qualified  taxpayers  who  have
     5  attained  the  age of sixty-five years before the beginning of or during
     6  the  taxable  year  the  amount  of  the  credit  allowable  under  this
     7  subsection shall be fifty percent, or in the case of a qualified taxpay-
     8  er  who has elected to include an additional amount pursuant to subpara-
     9  graph (E) of paragraph one of this subsection, twenty-five  percent,  of
    10  the  excess  of  real  property taxes or the excess of real property tax
    11  equivalent determined as follows:
    12                                       Excess real property taxes are the
    13                                       excess of real property tax equiv-
    14                                       alent or the excess of qualifying
    15                                       real property taxes over  the  fo-
    16  If household gross income for the    llowing percentage of household
    17  taxable year is:                     gross income:
    18  -----------------------------------  -----------------------------------
    19  [$3,000] $10,000 or less                            3 1/2
    20  Over $10,000 but not over $15,000                   3
    21  Over [$3,000] $15,000 but not over
    22  [$5,000] $25,000                                    4
    23  Over [$5,000] $25,000 but not over
    24  [$7,000] $35,000                                    4 1/2
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13933-01-7

        S. 6970                             2
     1  Over [$7,000] $35,000 but not over
     2  [$9,000] $45,000                                    5
     3  Over [$9,000] $45,000 but not over
     4  [$11,000] $50,000                                   5 1/2
     5  Over [$11,000] $50,000 but not over
     6  [$14,000] $60,000                                   6
     7  Over [$14,000] $60,000 but not over
     8  [$18,000] $75,000                                   6 1/2
     9    Notwithstanding  the  foregoing  provisions, the maximum credit deter-
    10  mined under this subparagraph may not exceed the  amount  determined  in
    11  accordance with the following table:
    12  If household gross income for the
    13  taxable year is:                     The maximum credit is:
    14  -----------------------------------  -----------------------------------
    15  [$1,000] $10,000 or less                            [$375] $700
    16  Over [$1,000] $10,000 but not over
    17  [$2,000] $15,000                                    [$358] $650
    18  Over [$2,000] $15,000 but not over
    19  [$3,000] $20,000                                    [$341] $600
    20  Over [$3,000] $20,000 but not over
    21  [$4,000] $25,000                                    [$324] $550
    22  Over [$4,000] $25,000 but not over
    23  [$5,000] $30,000                                    [$307] $500
    24  Over [$5,000] $30,000 but not over
    25  [$6,000] $35,000                                    [$290] $450
    26  Over [$6,000] $35,000 but not over
    27  [$7,000] $40,000                                    [$273] $400
    28  Over [$7,000] $40,000 but not over
    29  [$8,000] $45,000                                    [$256] $350
    30  Over [$8,000] $45,000 but not over
    31  [$9,000] $50,000                                    [$239] $300
    32  Over [$9,000] $50,000 but not over
    33  [$10,000] $60,000                                   [$222] $250
    34  Over [$10,000] $60,000 but not over
    35  [$11,000                                            $205
    36  Over $11,000 but not over $12,000                   $188
    37  Over $12,000 but not over $13,000                   $171
    38  Over $13,000 but not over $14,000                   $154
    39  Over $14,000 but not over $15,000                   $137
    40  Over $15,000 but not over $16,000                   $120
    41  Over $16,000 but not over $17,000                   $103
    42  Over $17,000 but not over $18,000]
    43  $75,000                                             [$ 86] $200
    44    (B)  For all other qualified taxpayers the amount of the credit allow-
    45  able under this subsection shall be fifty percent of excess real proper-
    46  ty taxes or the excess of the real property tax equivalent determined as
    47  follows:
    48                                       Excess real property taxes are the
    49                                       excess of real property tax equiv-
    50                                       alent or the excess of qualifying
    51                                       real property taxes over the
    52  If household gross income for the    following percentage of household

        S. 6970                             3
     1  taxable year is:                     gross income:
     2  -----------------------------------  -----------------------------------
     3  [$3,000] $10,000 or less                            3 1/2
     4  Over $10,000 but not over $15,000                   3
     5  Over [$3,000] $15,000 but not over
     6  [$5,000] $25,000                                    4
     7  Over [$5,000] $25,000 but not over
     8  [$7,000] $35,000                                    4 1/2
     9  Over [$7,000] $35,000 but not over
    10  [$9,000] $45,000                                    5
    11  Over [$9,000] $45,000 but not over
    12  [$11,000] $50,000                                   5 1/2
    13  Over [$11,000] $50,000 but not over
    14  [$14,000] $60,000                                   6
    15  Over [$14,000] $60,000 but not over
    16  [$18,000] $75,000                                   6 1/2
    17    Notwithstanding  the  foregoing  provisions, the maximum credit deter-
    18  mined under this subparagraph may not exceed the  amount  determined  in
    19  accordance with the following table:
    20  If household gross income for the
    21  taxable year is:                     The maximum credit is:
    22  -----------------------------------  -----------------------------------
    23  [$1,000] $10,000 or less                            [$75] $400
    24  Over [$1,000] $10,000 but not over
    25  [$2,000] $15,000                                    [$73] $350
    26  Over [$2,000] $15,000 but not over
    27  [$3,000] $20,000                                    [$71] $325
    28  Over [$3,000] $20,000 but not over
    29  [$4,000] $25,000                                    [$69] $300
    30  Over [$4,000] $25,000 but not over
    31  [$5,000] $30,000                                    [$67] $275
    32  Over [$5,000] $30,000 but not over
    33  [$6,000] $35,000                                    [$65] $250
    34  Over [$6,000] $35,000 but not over
    35  [$7,000] $40,000                                    [$63] $225
    36  Over [$7,000] $40,000 but not over
    37  [$8,000] $45,000                                    [$61] $200
    38  Over [$8,000] $45,000 but not over
    39  [$9,000] $50,000                                    [$59] $175
    40  Over [$9,000] $50,000 but not over
    41  [$10,000] $60,000                                   [$57] $150
    42  Over [$10,000] $60,000 but not over
    43  [$11,000                                            $55
    44  Over $11,000 but not over $12,000                   $53
    45  Over $12,000 but not over $13,000                   $51
    46  Over $13,000 but not over $14,000                   $49
    47  Over $14,000 but not over $15,000                   $47
    48  Over $15,000 but not over $16,000                   $45
    49  Over $16,000 but not over $17,000                   $43
    50  Over $17,000 but not over $18,000]
    51  $75,000                                             [$41] $125
    52    (7) No credit shall be granted under this subsection:

        S. 6970                             4
     1    (A)  If household gross income for the taxable year exceeds [eighteen]
     2  seventy-five thousand dollars.
     3    (B)  To a property owner unless: (i) the property is used for residen-
     4  tial purposes, (ii) not more than twenty percent of the  rental  income,
     5  if any, from the property is from rental for nonresidential purposes and
     6  (iii) the property is occupied as a residence in whole or in part by one
     7  or more of the owners of the property.
     8    (C)  To  a  property  owner  who owns real property, the full value of
     9  which exceeds [eighty-five] two hundred thousand dollars.
    10    (D) To a tenant if the adjusted rent for the residence  exceeds  [four
    11  hundred fifty] one thousand dollars per month on average.
    12    (E) To an individual with respect to whom a deduction under subsection
    13  (c)  of  section  one  hundred fifty-one of the internal revenue code is
    14  allowable to another taxpayer for the taxable year.
    15    (F) With respect to a residence that  is  wholly  exempted  from  real
    16  property taxation.
    17    (G) To an individual who is not a resident individual of the state for
    18  the entire taxable year.
    19    § 2. This act shall take effect immediately and shall apply to taxable
    20  years  commencing  on  or after the calendar year in which it shall have
    21  become a law.
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