STATE OF NEW YORK
________________________________________________________________________
8042
2017-2018 Regular Sessions
IN ASSEMBLY
May 25, 2017
___________
Introduced by M. of A. McDONALD, McLAUGHLIN -- read once and referred to
the Committee on Ways and Means
AN ACT in relation to approving a certain agreement for a payment in
lieu of taxes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding the provisions of subdivision (e) of
2 section 15 of the tax law, any payment in lieu of taxes made by a quali-
3 fied empire zone enterprise to the state, a municipal corporation, or a
4 public benefit corporation with respect to property located at 8 Empire
5 Drive, East Greenbush, New York, with a landlord that is a party to a
6 payment in lieu of taxes agreement with the state, municipal corpo-
7 ration, or public benefit corporation shall be deemed, for the purposes
8 of subdivision (e) of section 15 of the tax law, to constitute eligible
9 real property taxes for all purposes and shall not be subject to any
10 limitations set forth in subdivision (e) of section 15 of the tax law,
11 and shall be deemed to satisfy, with respect to such eligible real prop-
12 erty taxes, the credit limitation set forth in subdivision (f) of
13 section 15 of the tax law, and shall be deemed to have been made pursu-
14 ant to a payment in lieu of taxes agreement between the qualified empire
15 zone enterprise and the state, municipal corporation, or public benefit
16 corporation. Such qualified empire zone enterprise shall be eligible to
17 claim the real property tax credit provided by section 15 of the tax law
18 provided that for each of such periods, the landlord has not filed a
19 claim for the real property tax credit for such payments. Notwithstand-
20 ing any section of law to the contrary, a lessee shall be eligible to
21 claim the real property tax credit for any payment in lieu of taxes it
22 made to the state, a municipal corporation, or a public benefit corpo-
23 ration for the property located at 8 Empire Drive, East Greenbush, New
24 York.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11798-02-7
A. 8042 2
1 § 2. Notwithstanding the provisions of section 687 or 1087 of the tax
2 law or any other provision to the contrary, a claim for a credit or
3 refund may be filed by the taxpayer with respect to the property located
4 at 8 Empire Drive, East Greenbush, New York, for taxable years January
5 1, 2006 through December 31, 2011 where the taxpayer is a qualified
6 empire zone enterprise.
7 § 3. This act shall take effect immediately and shall apply to taxable
8 years beginning on or after January 1, 2006 and before January 1, 2012.
