•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S02313 Summary:

BILL NOS02313
 
SAME ASSAME AS A07452
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Amd 425, RPT L; amd 606, Tax L
 
Includes distribution from a thrift savings plan in the definition of income in relation to the enhanced STAR exemption.
Go to top    

S02313 Actions:

BILL NOS02313
 
01/24/2019REFERRED TO AGING
02/12/2019REPORTED AND COMMITTED TO FINANCE
Go to top

S02313 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2313
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2019
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging
 
        AN ACT to amend the real property tax law and the tax law,  in  relation
          to the definition of income in relation to the enhanced STAR exemption
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  4  of
     2  section  425  of  the  real property tax law, as amended by section 1 of
     3  part B of chapter 59 of the laws of 2018, is amended to read as follows:
     4    (ii) The term "income" as used herein shall mean the  "adjusted  gross
     5  income"  for  federal income tax purposes as reported on the applicant's
     6  federal or state income tax return for the applicable income  tax  year,
     7  subject  to  any subsequent amendments or revisions, reduced by distrib-
     8  utions, to  the  extent  included  in  federal  adjusted  gross  income,
     9  received from an individual retirement account and an individual retire-
    10  ment  annuity,  and  distribution from a thrift savings plan established
    11  prior to January first, nineteen hundred eighty-four; provided  that  if
    12  no  such  return  was filed for the applicable income tax year, "income"
    13  shall mean the adjusted gross income that would have been so reported if
    14  such a return had been filed.   Provided further,  that  effective  with
    15  exemption applications for final assessment rolls to be completed in two
    16  thousand  nineteen,  where an income-eligibility determination is wholly
    17  or partly based upon the income of one or more individuals who  did  not
    18  file  a return for the applicable income tax year, then in order for the
    19  application to be considered complete, each such individual must file  a
    20  statement  with  the  department showing the source or sources of his or
    21  her income for that income tax year, and the amount or amounts  thereof,
    22  that  would  have  been reported on such a return if one had been filed.
    23  Such statement shall be filed at such time, and in such form and manner,
    24  as may be prescribed by the department, and  shall  be  subject  to  the
    25  secrecy  provisions  of  the  tax law to the same extent that a personal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05513-01-9

        S. 2313                             2
 
     1  income tax return would be.  The department shall make  such  forms  and
     2  instructions  available  for  the  filing  of such statements. The local
     3  assessor shall upon the request of a taxpayer assist  such  taxpayer  in
     4  the filing of the statement with the department.
     5    §  2.  Subparagraph  (B) of paragraph 1 of subsection (eee) of section
     6  606 of the tax law, as amended by section 10 of part B of chapter 59  of
     7  the laws of 2018, is amended to read as follows:
     8    (B)  "Affiliated  income"  shall  mean  for purposes of the basic STAR
     9  credit, the combined income of all of  the  owners  of  the  parcel  who
    10  resided  primarily  thereon  as  of December thirty-first of the taxable
    11  year, and of any owners' spouses residing primarily thereon as  of  such
    12  date,  and for purposes of the enhanced STAR credit, the combined income
    13  of all of the owners of the parcel as of December  thirty-first  of  the
    14  taxable  year,  and of any owners' spouses residing primarily thereon as
    15  of such date; provided that for  both  purposes  the  income  to  be  so
    16  combined  shall  be  the "adjusted gross income" for the taxable year as
    17  reported for federal income tax purposes, or that would be  reported  as
    18  adjusted gross income if a federal income tax return were required to be
    19  filed,  reduced  by  distributions,  to  the  extent included in federal
    20  adjusted gross income, received from an  individual  retirement  account
    21  and  an  individual  retirement  annuity, and distribution from a thrift
    22  savings plan established prior to January first, nineteen hundred eight-
    23  y-four. For taxable years beginning on  and  after  January  first,  two
    24  thousand  nineteen,  where an income-eligibility determination is wholly
    25  or partly based upon the income of one or more individuals who  did  not
    26  file  a return pursuant to section six hundred fifty-one of this article
    27  for the applicable income tax year, then in order to be eligible for the
    28  credit authorized by this subsection, each such individual must  file  a
    29  statement  with  the  department showing the source or sources of his or
    30  her income for that income tax year, and the amount or amounts  thereof,
    31  that  would  have  been reported on such a return if one had been filed.
    32  Such statement shall be filed at such time, and in such form and manner,
    33  as may be prescribed by the department, and  shall  be  subject  to  the
    34  provisions  of  section  six hundred ninety-seven of this article to the
    35  same extent that a return would be. The department shall make such forms
    36  and instructions available for the filing of such statements. The  local
    37  assessor  shall  upon  the request of a taxpayer assist such taxpayer in
    38  the filing of the statement with the department. Provided further,  that
    39  if  the qualified taxpayer was an owner of the property during the taxa-
    40  ble year but did not own it on  December  thirty-first  of  the  taxable
    41  year,  then  the determination as to whether the income of an individual
    42  should be included in "affiliated income" shall be based upon the owner-
    43  ship and/or residency status of that individual as of the first  day  of
    44  the  month  during which the qualified taxpayer ceased to be an owner of
    45  the property, rather than as of December  thirty-first  of  the  taxable
    46  year.
    47    §  3. This act shall take effect on the first of January next succeed-
    48  ing the date on which it shall have become a law.
Go to top