Bill Text: NY S07557 | 2011-2012 | General Assembly | Introduced


Bill Title: Qualifies a certain parcel of land commonly known as the Huntley Apartments for a tax credit for rehabilitation of historic property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-14 - referred to ways and means [S07557 Detail]

Download: New_York-2011-S07557-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7557
                                   I N  S E N A T E
                                     June 4, 2012
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       AN ACT in relation to qualifying a certain parcel of land located in the
         city  of  Syracuse,  county of Onondaga for a tax credit for rehabili-
         tation of historic property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Notwithstanding any provision of subsection (oo) of section
    2  606  of  the  tax law or any other provision of law to the contrary, the
    3  owners of all that tract or parcel of land situate in the city of  Syra-
    4  cuse,  county  of  Onondaga,  located  at  409 and 419-421 Stolp Avenue,
    5  otherwise known and distinguished as section 87, block 12, lots 113, 114
    6  and 115 of the Stolp Addition and commonly known as the "Huntley  Apart-
    7  ments",  shall  qualify  for a tax credit for rehabilitation of historic
    8  real property.
    9    For taxable years before January 1, 2015, the owners of all that tract
   10  or parcel of land described above shall be allowed a credit  as  herein-
   11  after provided, against the tax imposed by article 22 of the tax law, in
   12  an  amount  equal to one hundred percent of the amount of credit allowed
   13  the taxpayer with  respect  to  a  certified  historic  structure  under
   14  subsection  (a)  (2)  of section 47 of the federal internal revenue code
   15  with respect to a certified historic structure located within the state;
   16  provided, however, the credit shall not exceed five million dollars. For
   17  taxable years beginning on or after January 1, 2015, the owners  of  all
   18  that  tract  or parcel of land described above shall be allowed a credit
   19  as hereinafter provided, against the tax imposed by article  22  of  the
   20  tax  law,  in  an amount equal to thirty percent of the amount of credit
   21  allowed the taxpayer with respect  to  a  certified  historic  structure
   22  under  subsection  (a)(2)  of section 47 of the federal internal revenue
   23  code with respect to a certified historic structure located  within  the
   24  state;  provided, however, the credit shall not exceed one hundred thou-
   25  sand dollars.  Tax credits allowed pursuant to  this  section  shall  be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14821-01-2
       S. 7557                             2
    1  allowed  in the taxable year that the qualified rehabilitation is placed
    2  in service under section 167 of the federal internal revenue code.
    3    If  the  taxpayer  is a partner in a partnership or a shareholder of a
    4  New York S corporation, then the credit  cap  imposed  by  this  section
    5  shall  be  applied  at  the  entity  level, so that the aggregate credit
    6  allowed to all the partners or shareholders of each such entity  in  the
    7  taxable  year  does not exceed the credit cap that is applicable in that
    8  taxable year.
    9     If the credit allowed the taxpayer pursuant  to  section  47  of  the
   10  internal  revenue  code  with  respect  to a qualified rehabilitation is
   11  recaptured pursuant to subsection (a) of  section  50  of  the  internal
   12  revenue code, a portion of the credit allowed under this section must be
   13  added  back  in  the same taxable year and in the same proportion as the
   14  federal recapture.  If the amount of the  credit  allowable  under  this
   15  section  for  any  taxable year shall exceed the taxpayer's tax for such
   16  year, the excess may be carried over to the following year or years, and
   17  may be applied against the taxpayer's tax for such year or years.
   18    S 2. This act shall take effect immediately.
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