Increases to $36,000 the household gross income limitations for tax credits for real property tax circuit breaker credit; makes such tax credits available to disabled persons as well as to those persons 65 years of age.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A939A
SPONSOR: Thiele TITLE OF BILL: An act to amend the tax law, in relation to the real
property tax circuit breaker credit
PURPOSE:
To increase income limitations and tax credits for real property tax
circuit breaker credit and provide circuit breaker legislation to
include disabled citizens with persons 65 years of age.
SUMMARY OF PROVISIONS:
This legislation would increase household gross income to $36,000;
increase property value limitation to the median full value of residen-
tial real property sales within the county where it is located or the
median full value of residential real property in the State, whichever
is less, and increase the monthly rent limitation to $800. It would
increase the current limit on the maximum credit for senior citizens
from $375 to $550 in two steps. The maximum credit for other eligible
New Yorkers would be increased to $250 from $75. Disabled citizens would
be eligible to receive circuit breaker tax credit along with senior
citizens.
JUSTIFICATION:
The real property tax circuit breaker program is a method of providing
tax relief, in the form of a state income tax credit, to eligible home-
owners and renters who pay a disproportional amount of property tax in
relation to their household income. The burden of real property taxes
have forced older citizens from their residences. They are forced to
sell their homes because their fixed incomes cannot support the escalat-
ing real property taxes. The present circuit breaker legislation is
inadequate to handle the crisis which exists for older citizens and
disabled persons.
LEGISLATIVE HISTORY:
2015-16 S/788A/A.583A;
2013-14 S.2277A/A.2394;
2011-12 S.3324;
2009-10 S.3728/A.7589;
2007-08 S.3820/A.6624;
2005-06 S.2861A/A.6864;
2003-04 S.1837/A.4209;
2001-02 S.2974A/A.5683;
1999-00 S.2768/A.4895;
1997-98 S.2847A/A.4832;
1995-96 S.2489A/A.4121;
1994 S.6703A;
1993 S.5431;
1993 S.5431;
1991-92 S.748;
1989-90 S.7773
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that section
two of this act shall take effect January 1, 2020.
STATE OF NEW YORK
________________________________________________________________________
S. 1601--A A. 939--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 10, 2017
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government Operations -- recommitted to the Committee on
Investigations and Government Operations in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Ways and Means -- recommitted to the Committee on
Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the tax law, in relation to the real property tax
circuit breaker credit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (e) of section 606 of the tax law, as amended by
2 chapter 28 of the laws of 1987, subparagraph (B) of paragraph 1 as
3 amended by section 6 of part I of chapter 59 of the laws of 2015,
4 subparagraph (c) of paragraph 1 as amended by chapter 713 of the laws of
5 1996, subparagraph (E) of paragraph 1 as amended by chapter 105 of the
6 laws of 2006, and paragraph 14 as amended by chapter 23 of the laws of
7 1990, is amended to read as follows:
8 (e) Real property tax circuit breaker credit. (1) For purposes of
9 this subsection:
10 (A) "Qualified taxpayer" means a resident individual of the state who
11 has occupied the same residence for six months or more of the taxable
12 year, and is required or chooses to file a return under this article.
13 (B) "Household" or "members of the household" means a qualified
14 taxpayer and all other persons, not necessarily related, who have the
15 same residence and share its furnishings, facilities and accommodations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07150-02-8
S. 1601--A 2 A. 939--A
1 Such terms shall not include a tenant, subtenant, roomer or boarder who
2 is not related to the qualified taxpayer in any degree specified in
3 [subparagraphs (A)] paragraphs one through [(G)] eight of [paragraph two
4 of] subsection [(d)] (a) of section one hundred fifty-two of the inter-
5 nal revenue code. Provided, however, no person may be a member of more
6 than one household at one time.
7 [(c)] (C) "Household gross income" means the aggregate adjusted gross
8 income of all members of the household for the taxable year as reported
9 for federal income tax purposes, or which would be reported as adjusted
10 gross income if a federal income tax return were required to be filed,
11 with the modifications in subsection (b) of section six hundred twelve
12 but without the modifications in subsection (c) of such section, plus
13 any portion of the gain from the sale or exchange of property otherwise
14 excluded from such amount; earned income from sources without the United
15 States excludable from federal gross income by section nine hundred
16 eleven of the internal revenue code; support money not included in
17 adjusted gross income; nontaxable strike benefits; supplemental security
18 income payments; the gross amount of any pension or annuity benefits to
19 the extent not included in such adjusted gross income (including, but
20 not limited to, railroad retirement benefits and all payments received
21 under the federal social security act and veterans' disability
22 pensions); nontaxable interest received from the state of New York, its
23 agencies, instrumentalities, public corporations, or political subdivi-
24 sions (including a public corporation created pursuant to agreement or
25 compact with another state or Canada); workers' compensation; the gross
26 amount of "loss-of-time" insurance; and the amount of cash public
27 assistance and relief, other than medical assistance for the needy, paid
28 to or for the benefit of the qualified taxpayer or members of his house-
29 hold. Household gross income shall not include surplus foods or other
30 relief in kind or payments made to individuals because of their status
31 as victims of Nazi persecution as defined in P.L. 103-286. Provided,
32 further, household gross income shall only include all such income
33 received by all members of the household while members of such house-
34 hold.
35 (D) "Residence" means a dwelling in this state, whether owned or
36 rented, and so much of the land abutting it, not exceeding one acre, as
37 is reasonably necessary for use of the dwelling as a home, and may
38 consist of a part of a multi-dwelling or multi-purpose building includ-
39 ing a cooperative or condominium, and rental units within a single
40 dwelling. Residence includes a trailer or mobile home, used exclusively
41 for residential purposes and defined as real property pursuant to para-
42 graph (g) of subdivision twelve of section one hundred two of the real
43 property tax law.
44 (E) "Qualifying real property taxes" means all real property taxes,
45 special ad valorem levies and special assessments, exclusive of penal-
46 ties and interest, levied on the residence of a qualified taxpayer and
47 paid during the taxable year less the credit claimed under the former
48 subsection (n-1) of this section. In addition, for taxable years begin-
49 ning after December thirty-first, nineteen hundred eighty-four, a quali-
50 fied taxpayer may elect to include any additional amount that would have
51 been levied in the absence of an exemption from real property taxation
52 pursuant to section four hundred sixty-seven of the real property tax
53 law. If tenant-stockholders in a cooperative housing corporation have
54 met the requirements of section two hundred sixteen of the internal
55 revenue code by which they are allowed a deduction for real estate
56 taxes, the amount of taxes so allowable, or which would be allowable if
S. 1601--A 3 A. 939--A
1 the taxpayer had filed returns on a cash basis, shall be qualifying real
2 property taxes. If a residence is owned by two or more individuals as
3 joint tenants or tenants in common, and one or more than one individual
4 is not a member of the household, qualifying real property taxes is that
5 part of such taxes on the residence which reflects the ownership
6 percentage of the qualified taxpayer and members of his household. If a
7 residence is an integral part of a larger unit, qualifying real property
8 taxes shall be limited to that amount of such taxes paid as may be
9 reasonably apportioned to such residence. If a household owns and occu-
10 pies two or more residences during different periods in the same taxable
11 year, qualifying real property taxes shall be the sum of the prorated
12 qualifying real property taxes attributable to the household during the
13 periods such household occupies each of such residences. If the house-
14 hold owns and occupies a residence for part of the taxable year and
15 rents a residence for part of the same taxable year, it may include both
16 the proration of qualifying real property taxes on the residence owned
17 and the real property tax equivalent with respect to the months the
18 residence is rented. Provided, however, for purposes of the credit
19 allowed under this subsection, qualifying real property taxes may be
20 included by a qualified taxpayer only to the extent that such taxpayer
21 or the spouse of such taxpayer occupying such residence for six months
22 or more of the taxable year owns or has owned the residence and paid
23 such taxes.
24 (F) "Real property tax equivalent" means twenty-five percent of the
25 adjusted rent actually paid in the taxable year by a household solely
26 for the right of occupancy of its New York residence for the taxable
27 year. If (i) a residence is rented to two or more individuals as coten-
28 ants, or such individuals share in the payment of a single rent for the
29 right of occupancy of such residence, and (ii) each of such individuals
30 is a member of a different household, one or more of which individuals
31 shares such residence, real property tax equivalent is that portion of
32 twenty-five percent of the adjusted rent paid in the taxable year which
33 reflects that portion of the rent attributable to the qualified taxpayer
34 and the members of his household.
35 (G) "Adjusted rent" means rental paid for the right of occupancy of a
36 residence, excluding charges for heat, gas, electricity, furnishings and
37 board. Where charges for heat, gas, electricity, furnishing or board
38 are included in rental but where such charges and the amount thereof are
39 not separately set forth in a written rental agreement, for purposes of
40 determining adjusted rent the qualified taxpayer shall reduce rental
41 paid as follows:
42 (i) For heat, or heat and gas, deduct fifteen percent of rental paid.
43 (ii) For heat, gas and electricity, deduct twenty percent of rental
44 paid.
45 (iii) For heat, gas, electricity and furnishings, deduct twenty-five
46 percent of rental paid.
47 (iv) For heat, gas, electricity, furnishings and board, deduct fifty
48 percent of rental paid.
49 If the [tax commission] commissioner determines that the adjusted rent
50 shown on the return is excessive, the [tax commission] commissioner may
51 reduce such rent, for purposes of the computation of the credit, to an
52 amount substantially equivalent to rent for a comparable accommodation.
53 (2) A qualified taxpayer shall be allowed a credit as provided in
54 paragraph three hereof against the taxes imposed by this article reduced
55 by the credits permitted by this article. If the credit exceeds the tax
56 as so reduced for such year under this article the qualified taxpayer
S. 1601--A 4 A. 939--A
1 may receive, and the comptroller, subject to a certificate of the [state
2 tax commission] commissioner, shall pay as an overpayment, without
3 interest, any excess between such tax as so reduced and the amount of
4 the credit. If a qualified taxpayer is not required to file a return
5 pursuant to section six hundred fifty-one of this article, a qualified
6 taxpayer may nevertheless receive and the comptroller, subject to a
7 certificate of the [state tax commission] commissioner, shall pay as an
8 overpayment the full amount of the credit, without interest.
9 (3) Determination of credit. (A) For qualified taxpayers who have
10 attained the age of sixty-five years or a permanent and total disability
11 as defined in section twenty-two of the internal revenue code before the
12 beginning of or during the taxable year the amount of the credit allow-
13 able under this subsection shall be fifty percent, or in the case of a
14 qualified taxpayer who has elected to include an additional amount
15 pursuant to subparagraph (E) of paragraph one of this subsection, twen-
16 ty-five percent, of the excess of real property taxes or the excess of
17 real property tax equivalent determined as follows:
18 Excess real property taxes are
19 the excess of real property tax
20 equivalent or the excess of
21 If household gross qualifying real property taxes
22 income for the over the following percentage of
23 taxable year is: household gross income:
24 ___________________ __________________________________
25 [$3,000] $6,000 or less 3 1/2
26 Over [$3,000] $6,000 but not
27 over [$5,000] $10,000 4
28 Over [$5,000] $10,000 but not
29 over [$7,000] $14,000 4 1/2
30 Over [$7,000] $14,000 but not
31 over [$9,000] $18,000 5
32 Over [$9,000] $18,000 but not
33 over [$11,000] $22,000 5 1/2
34 Over [$11,000] $22,000 but not
35 over [$14,000] $28,000 6
36 Over [$14,000] $28,000 but not
37 over [$18,000] $36,000 6 1/2
38 Notwithstanding the foregoing provisions, the maximum credit deter-
39 mined under this subparagraph may not exceed the amount determined in
40 accordance with the following table:
41 If household gross The maximum
42 income for the credit is:
43 taxable year is:
44 ___________________ __________________________________
45 [$1,000] $2,000 or less [$375] $463
46 Over [$1,000] $2,000 but
47 not over [$2,000] $4,000 [$358] $442
48 Over [$2,000] $4,000 but
49 not over [$3,000] $6,000 [$341] $421
50 Over [$3,000] $6,000 but
51 not over [$4,000] $8,000 [$324] $400
52 Over [$4,000] $8,000 but
53 not over [$5,000] $10,000 [$307] $379
54 Over [$5,000] $10,000 but
S. 1601--A 5 A. 939--A
1 not over [$6,000] $12,000 [$290] $358
2 Over [$6,000] $12,000 but
3 not over [$7,000] $14,000 [$273] $337
4 Over [$7,000] $14,000 but
5 not over [$8,000] $16,000 [$256] $316
6 Over [$8,000] $16,000 but
7 not over [$9,000] $18,000 [$239] $295
8 Over [$9,000] $18,000 but
9 not over [$10,000] $20,000 [$222] $274
10 Over [$10,000] $20,000 but
11 not over [$11,000] $22,000 [$205] $253
12 Over [$11,000] $22,000 but
13 not over [$12,000] $24,000 [$188] $232
14 Over [$12,000] $24,000 but
15 not over [$13,000] $26,000 [$171] $211
16 Over [$13,000] $26,000 but
17 not over [$14,000] $28,000 [$154] $190
18 Over [$14,000] $28,000 but
19 not over [$15,000] $30,000 [$137] $169
20 Over [$15,000] $30,000 but
21 not over [$16,000] $32,000 [$120] $148
22 Over [$16,000] $32,000 but
23 not over [$17,000] $34,000 [$103] $127
24 Over [$17,000] $34,000 but
25 not over [$18,000] $36,000 [$86] $106
26 (B) For all other qualified taxpayers the amount of the credit allow-
27 able under this subsection shall be fifty percent of excess real proper-
28 ty taxes or the excess of the real property tax equivalent determined as
29 follows:
30 Excess real property taxes are
31 the excess of real property tax
32 equivalent or the excess of
33 If household gross qualifying real property taxes
34 income for the over the following percentage of
35 taxable year is: household gross income:
36 ___________________ __________________________________
37 [$3,000] $6,000 or less 3 1/2
38 Over [$3,000] $6,000 but not
39 over [$5,000] $10,000 4
40 Over [$5,000] $10,000 but not
41 over [$7,000] $14,000 4 1/2
42 Over [$7,000] $14,000 but not
43 over [$9,000] $18,000 5
44 Over [$9,000] $18,000 but not
45 over [$11,000] $22,000 5 1/2
46 Over [$11,000] $22,000 but not
47 over [$14,000] $28,000 6
48 Over [$14,000] $28,000 but not
49 over [$18,000] $36,000 6 1/2
50 Notwithstanding the foregoing provisions, the maximum credit deter-
51 mined under this subparagraph may not exceed the amount determined in
52 accordance with the following table:
53 If household gross The maximum
54 income for the credit is:
55 taxable year is:
S. 1601--A 6 A. 939--A
1 ___________________ __________________________________
2 [$1,000] $2,000 or less [$75] $163
3 Over [$1,000] $2,000 but
4 not over [$2,000] $4,000 [$73] $158
5 Over [$2,000] $4,000 but
6 not over [$3,000] $6,000 [$71] $154
7 Over [$3,000] $6,000 but
8 not over [$4,000] $8,000 [$69] $149
9 Over [$4,000] $8,000 but
10 not over [$5,000] $10,000 [$67] $145
11 Over [$5,000] $10,000 but
12 not over [$6,000] $12,000 [$65] $140
13 Over [$6,000] $12,000 but
14 not over [$7,000] $14,000 [$63] $136
15 Over [$7,000] $14,000 but
16 not over [$8,000] $16,000 [$61] $132
17 Over [$8,000] $16,000 but
18 not over [$9,000] $18,000 [$59] $128
19 Over [$9,000] $18,000 but
20 not over [$10,000] $20,000 [$57] $123
21 Over [$10,000] $20,000 but
22 not over [$11,000] $22,000 [$55] $119
23 Over [$11,000] $22,000 but
24 not over [$12,000] $24,000 [$53] $115
25 Over [$12,000] $24,000 but
26 not over [$13,000] $26,000 [$51] $110
27 Over [$13,000] $26,000 but
28 not over [$14,000] $28,000 [$49] $106
29 Over [$14,000] $28,000 but
30 not over [$15,000] $30,000 [$47] $102
31 Over [$15,000] $30,000 but
32 not over [$16,000] $32,000 [$45] $97
33 Over [$16,000] $32,000 but
34 not over [$17,000] $34,000 [$43] $93
35 Over [$17,000] $34,000 but
36 not over [$18,000] $36,000 [$41] $89
37 (4) If a qualified taxpayer occupies a residence for a period of less
38 than twelve months during the taxable year or occupies two or more resi-
39 dences during different periods in such taxable year, the credit allowed
40 pursuant to this subsection shall be computed in such manner as the [tax
41 commission] commissioner may, by regulation, prescribe in order to prop-
42 erly reflect the credit or portion thereof attributable to such resi-
43 dence or residences and such period or periods.
44 (5) The [tax commission] commissioner may prescribe that the credit
45 under this subsection shall be determined in whole or in part by the use
46 of tables prescribed by such [commission] commissioner. Such tables
47 shall set forth the credit to the nearest dollar.
48 (6) Only one credit per household and per qualified taxpayer shall be
49 allowed per taxable year under this subsection. When two or more
50 members of a household are able to meet the qualifications for a quali-
51 fied taxpayer, the credit shall be equally divided between or among such
52 individuals unless such individuals file with the [tax commission]
53 commissioner a written agreement among such individuals setting forth a
54 different division. Where two or more members of a household are able
55 to meet the qualifications of a qualified taxpayer and one of them is
56 sixty-five years of age or more or has a permanent and total disability,
S. 1601--A 7 A. 939--A
1 the credit which may be taken shall be the credit applicable to individ-
2 uals who have attained the age of sixty-five years.
3 (A) Provided, however, where a joint income tax return has been filed
4 pursuant to the provisions of section six hundred fifty-one of this
5 article by a qualified taxpayer and his or her spouse (or where both
6 spouses are qualified taxpayers and have filed such joint return), the
7 credit, or the portion of the credit if divided, to which the husband
8 and wife are entitled shall be applied against the tax of both spouses
9 and any overpayment shall be made to both spouses.
10 (B) Where any return required to be filed pursuant to the provisions
11 of section six hundred fifty-one of this article is combined with any
12 return of tax imposed pursuant to the authority of this chapter or any
13 other law if such tax is administered by the [tax commission] commis-
14 sioner, the credit or the portion of the credit if divided, allowed to
15 the qualified taxpayer may be applied by the [tax commission] commis-
16 sioner toward any liability for the aforementioned taxes.
17 (7) No credit shall be granted under this subsection:
18 (A) If household gross income for the taxable year exceeds [eighteen]
19 thirty-six thousand dollars.
20 (B) To a property owner unless: (i) the property is used for residen-
21 tial purposes, (ii) not more than twenty percent of the rental income,
22 if any, from the property is from rental for nonresidential purposes and
23 (iii) the property is occupied as a residence in whole or in part by one
24 or more of the owners of the property.
25 (C) To a property owner who owns real property for over two years, the
26 full value of which exceeds [eighty-five thousand dollars] the median
27 full value of residential real property sales within the county where it
28 is located, as determined by the state board of real property services,
29 or the median full value of residential real property in the state, as
30 determined by the state board of real property services, whichever is
31 less.
32 (D) To a tenant if the adjusted rent for the residence exceeds [four]
33 eight hundred [fifty] dollars per month on average.
34 (E) To an individual with respect to whom a deduction under subsection
35 (c) of section one hundred fifty-one of the internal revenue code is
36 allowable to another taxpayer for the taxable year.
37 (F) With respect to a residence that is wholly exempted from real
38 property taxation.
39 (G) To an individual who is not a resident individual of the state for
40 the entire taxable year.
41 (H) Where a household or qualified taxpayer has claimed an earned
42 income tax credit pursuant to this section.
43 (I) To an individual whose household gross income is more than eighty
44 percent of the state median family income.
45 (8) The right to claim a credit or the portion of a credit, where
46 such credit has been divided under this subsection, shall be personal to
47 the qualified taxpayer and shall not survive his or her death, but such
48 right may be exercised on behalf of a claimant by his or her legal guar-
49 dian or attorney in fact during his or her lifetime.
50 (9) Returns. If a qualified taxpayer is not required to file a return
51 pursuant to section six hundred fifty-one of this article, a claim for a
52 credit may be taken on a return filed with the [tax commission] commis-
53 sioner within three years from the time it would have been required that
54 a return be filed pursuant to such section had the qualified taxpayer
55 had a taxable year ending on December thirty-first. Returns under this
56 paragraph shall be in such form as shall be prescribed by the [tax
S. 1601--A 8 A. 939--A
1 commission] commissioner, which shall make available such forms and
2 instructions for filing such returns.
3 (10) Proof of claim. The [tax commission] commissioner may require a
4 qualified taxpayer to furnish the following information in support of
5 his claim for credit under this subsection: household gross income,
6 rent paid, name and address of owner or managing agent of the property
7 rented, real property taxes levied or that would have been levied in the
8 absence of an exemption from real property tax pursuant to section four
9 hundred sixty-seven of the real property tax law, the names of members
10 of the household and other qualifying taxpayers occupying the same resi-
11 dence and their identifying numbers including social security numbers,
12 household gross income, size and nature of property claimed as residence
13 and all other information which may be required by the [tax commission]
14 commissioner to determine the credit.
15 (11) Administration. The provisions of this article, including the
16 provisions of section six hundred fifty-three, six hundred fifty-eight,
17 and six hundred fifty-nine and the provisions of part six of this arti-
18 cle relating to procedure and administration, including the judicial
19 review of the decisions of the [tax commission] commissioner, except so
20 much of section six hundred eighty-seven of this article which permits a
21 claim for credit or refund to be filed after the period provided for in
22 paragraph nine of this subsection and except sections six hundred
23 fifty-seven, six hundred eighty-eight and six hundred ninety-six of this
24 article, shall apply to the provisions of this subsection in the same
25 manner and with the same force and effect as if the language of those
26 provisions had been incorporated in full into this subsection and had
27 expressly referred to the credit allowed or returns filed under this
28 subsection, except to the extent that any such provision is either
29 inconsistent with a provision of this subsection or is not relevant to
30 this subsection. As used in such sections and such part, the term
31 "taxpayer" shall include a qualified taxpayer under this subsection and,
32 notwithstanding the provisions of subsection (e) of section six hundred
33 ninety-seven of this article, where a qualified taxpayer has protested
34 the denial of a claim for credit under this subsection and the time to
35 file a petition for redetermination of a deficiency or for refund has
36 not expired, he or she shall, subject to such conditions as may be set
37 by the [tax commission] commissioner, receive such information (A) which
38 is contained in any return filed under this article by a member of his
39 or her household for the taxable year for which the credit is claimed,
40 and (B) which the [tax commission] commissioner finds is relevant and
41 material to the issue of whether such claim was properly denied. The
42 [tax commission] commissioner shall have the authority to promulgate
43 such rules and regulations as may be necessary for the processing,
44 determination and granting of credits and refunds under this subsection.
45 (13) Notwithstanding any other provision of this article, the credit
46 allowed under this subsection shall be determined after the determi-
47 nation and application of any other credits permitted under the
48 provisions of this article.
49 (14) The commissioner [of taxation and finance] shall prepare a
50 preliminary written report after July thirty-first and a final written
51 report after December thirty-first of each calendar year, which shall
52 contain statistical information regarding the credits granted on or
53 before such dates under this subsection during such calendar year.
54 Copies of these reports shall be submitted by such commissioner to the
55 governor, the temporary president of the senate, the speaker of the
56 assembly, the chairman of the senate finance committee and the chairman
S. 1601--A 9 A. 939--A
1 of the assembly ways and means committee within sixty days of July thir-
2 ty-first with respect to the preliminary report, and within forty-five
3 days of December thirty-first with respect to the final report. Such
4 reports shall contain, but need not be limited to, the number of credits
5 and the average amount of such credits allowed; and of those, the number
6 of credits and the average amount of such credits allowed to qualified
7 taxpayers in each county; and of those, the number of credits and the
8 average amount of such credits allowed to qualified taxpayers whose
9 household gross income falls within each of the household gross income
10 ranges set forth in paragraph three of this subsection; and of those,
11 the number of credits and the average amount of such credits allowed to
12 qualified taxpayers whose credit amount falls within credit amount rang-
13 es set forth in twenty-five dollar increments.
14 § 2. Paragraph 3 of subsection (e) of section 606 of the tax law, as
15 amended by section one of this act, is amended to read as follows:
16 (3) Determination of credit. (A) For qualified taxpayers who have
17 attained the age of sixty-five years or a permanent and total disability
18 as defined in section twenty-two of the internal revenue code before the
19 beginning of or during the taxable year the amount of the credit allow-
20 able under this subsection shall be fifty percent, or in the case of a
21 qualified taxpayer who has elected to include an additional amount
22 pursuant to subparagraph (E) of paragraph one of this subsection, twen-
23 ty-five percent, of the excess of real property taxes or the excess of
24 real property tax equivalent determined as follows:
25 Excess real property taxes are
26 the excess of real property tax
27 equivalent or the excess of
28 If household gross qualifying real property taxes
29 income for the over the following percentage of
30 taxable year is: household gross income:
31 ___________________ __________________________________
32 $6,000 or less 3 1/2
33 Over $6,000 but not
34 over $10,000 4
35 Over $10,000 but not
36 over $14,000 4 1/2
37 Over $14,000 but not
38 over $18,000 5
39 Over $18,000 but not
40 over $22,000 5 1/2
41 Over $22,000 but not
42 over $28,000 6
43 Over $28,000 but not
44 over $36,000 6 1/2
45 Notwithstanding the foregoing provisions, the maximum credit deter-
46 mined under this subparagraph may not exceed the amount determined in
47 accordance with the following table:
48 If household gross The maximum
49 income for the credit is:
50 taxable year is:
51 ___________________ __________________________________
52 $2,000 or less [$463] $550
53 Over $2,000 but
54 not over $4,000 [$442] $525
55 Over $4,000 but
S. 1601--A 10 A. 939--A
1 not over $6,000 [$421] $500
2 Over $6,000 but
3 not over $8,000 [$400] $475
4 Over $8,000 but
5 not over $10,000 [$379] $450
6 Over $10,000 but
7 not over $12,000 [$358] $425
8 Over $12,000 but
9 not over $14,000 [$337] $400
10 Over $14,000 but
11 not over $16,000 [$316] $375
12 Over $16,000 but
13 not over $18,000 [$295] $350
14 Over $18,000 but
15 not over $20,000 [$274] $325
16 Over $20,000 but
17 not over $22,000 [$253] $300
18 Over $22,000 but
19 not over $24,000 [$232] $275
20 Over $24,000 but
21 not over $26,000 [$211] $250
22 Over $26,000 but
23 not over $28,000 [$190] $225
24 Over $28,000 but
25 not over $30,000 [$169] $200
26 Over $30,000 but
27 not over $32,000 [$148] $175
28 Over $32,000 but
29 not over $34,000 [$127] $150
30 Over $34,000 but
31 not over $36,000 [$106] $125
32 (B) For all other qualified taxpayers the amount of the credit allow-
33 able under this subsection shall be fifty percent of excess real proper-
34 ty taxes or the excess of the real property tax equivalent determined as
35 follows:
36 Excess real property taxes are
37 the excess of real property tax
38 equivalent or the excess of
39 If household gross qualifying real property taxes
40 income for the over the following percentage of
41 taxable year is: household gross income:
42 ___________________ __________________________________
43 $6,000 or less 3 1/2
44 Over $6,000 but not
45 over $10,000 4
46 Over $10,000 but not
47 over $14,000 4 1/2
48 Over $14,000 but not
49 over $18,000 5
50 Over $18,000 but not
51 over $22,000 5 1/2
52 Over $22,000 but not
53 over $28,000 6
54 Over $28,000 but not
55 over $36,000 6 1/2
S. 1601--A 11 A. 939--A
1 Notwithstanding the foregoing provisions, the maximum credit deter-
2 mined under this subparagraph may not exceed the amount determined in
3 accordance with the following table:
4 If household gross The maximum
5 income for the credit is:
6 taxable year is:
7 ___________________ __________________________________
8 $2,000 or less [$163] $250
9 Over $2,000 but
10 not over $4,000 [$158] $243
11 Over $4,000 but
12 not over $6,000 [$154] $237
13 Over $6,000 but
14 not over $8,000 [$149] $230
15 Over $8,000 but
16 not over $10,000 [$145] $223
17 Over $10,000 but
18 not over $12,000 [$140] $217
19 Over $12,000 but
20 not over $14,000 [$136] $210
21 Over $14,000 but
22 not over $16,000 [$132] $203
23 Over $16,000 but
24 not over $18,000 [$128] $197
25 Over $18,000 but
26 not over $20,000 [$123] $190
27 Over $20,000 but
28 not over $22,000 [$119] $183
29 Over $22,000 but
30 not over $24,000 [$115] $177
31 Over $24,000 but
32 not over $26,000 [$110] $170
33 Over $26,000 but
34 not over $28,000 [$106] $163
35 Over $28,000 but
36 not over $30,000 [$102] $157
37 Over $30,000 but
38 not over $32,000 [$97] $150
39 Over $32,000 but
40 not over $34,000 [$93] $143
41 Over $34,000 but
42 not over $36,000 [$89] $137
43 § 3. This act shall take effect immediately; provided, however, that
44 section two of this act shall take effect January 1, 2020.
