S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          291

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced  by  Sens.  MONTGOMERY,  HASSELL-THOMPSON  --  read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Investigations and Government Operations

       AN  ACT to amend the tax law, in relation to increasing the maximum 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.  Paragraph  3  of subsection (e) of section 606 of the tax
    2  law, as amended by chapter 28 of the laws of 1987, is amended to read as
    3  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 follow-
   16  If household gross income for      ing percentage of household gross
   17  the taxable year is:               income:
   18  _____________________________       ____________________________________

   19  $3,000 or less                                       3 1/2
   20  Over $3,000 but not over $5,000                      4
   21  Over $5,000 but not over $7,000                      4 1/2

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01411-01-1

S. 291 2 1 Over $7,000 but not over $9,000 5 2 Over $9,000 but not over $11,000 5 1/2 3 Over $11,000 but not over $14,000 6 4 Over $14,000 but not over $18,000 6 1/2 5 Notwithstanding the foregoing provisions, the maximum credit deter- 6 mined under this subparagraph may not exceed the amount determined in 7 accordance with the following table: 8 If household gross income The maximum credit is: 9 for the taxable year is: 10 _________________________________ ____________________________________ 11 $1,000 or less [$375] $750 12 Over $1,000 but not over $2,000 [$358] $716 13 Over $2,000 but not over $3,000 [$341] $682 14 Over $3,000 but not over $4,000 [$324] $648 15 Over $4,000 but not over $5,000 [$307] $614 16 Over $5,000 but not over $6,000 [$290] $580 17 Over $6,000 but not over $7,000 [$273] $546 18 Over $7,000 but not over $8,000 [$256] $512 19 Over $8,000 but not over $9,000 [$239] $478 20 Over $9,000 but not over $10,000 [$222] $444 21 Over $10,000 but not over $11,000 [$205] $410 22 Over $11,000 but not over $12,000 [$188] $376 23 Over $12,000 but not over $13,000 [$171] $342 24 Over $13,000 but not over $14,000 [$154] $308 25 Over $14,000 but not over $15,000 [$137] $274 26 Over $15,000 but not over $16,000 [$120] $240 27 Over $16,000 but not over $17,000 [$103] $206 28 Over $17,000 but not over $18,000 [$ 86] $172 29 (B) For all other qualified taxpayers the amount of the credit allow- 30 able under this subsection shall be fifty percent of excess real proper- 31 ty taxes or the excess of the real property tax equivalent determined as 32 follows: 33 Excess real property taxes are the 34 excess of real property tax equiv- 35 alent or the excess of qualifying 36 real property taxes over the follow- 37 If household gross income for ing percentage of household gross 38 the taxable year is: income: 39 _____________________________ ____________________________________ 40 $3,000 or less 3 1/2 41 Over $3,000 but not over $5,000 4 42 Over $5,000 but not over $7,000 4 1/2 43 Over $7,000 but not over $9,000 5 44 Over $9,000 but not over $11,000 5 1/2 45 Over $11,000 but not over $14,000 6 46 Over $14,000 but not over $18,000 6 1/2 47 Notwithstanding the foregoing provisions, the maximum credit deter- 48 mined under this subparagraph may not exceed the amount determined in 49 accordance with the following table:
S. 291 3 1 If household gross income for 2 the taxable year is: The maximum credit is: 3 ______________________________ ____________________________________ 4 $1,000 or less [$75] $150 5 Over $1,000 but not over $2,000 [$73] $146 6 Over $2,000 but not over $3,000 [$71] $142 7 Over $3,000 but not over $4,000 [$69] $138 8 Over $4,000 but not over $5,000 [$67] $134 9 Over $5,000 but not over $6,000 [$65] $130 10 Over $6,000 but not over $7,000 [$63] $126 11 Over $7,000 but not over $8,000 [$61] $122 12 Over $8,000 but not over $9,000 [$59] $118 13 Over $9,000 but not over $10,000 [$57] $114 14 Over $10,000 but not over $11,000 [$55] $110 15 Over $11,000 but not over $12,000 [$53] $106 16 Over $12,000 but not over $13,000 [$51] $102 17 Over $13,000 but not over $14,000 [$49] $98 18 Over $14,000 but not over $15,000 [$47] $94 19 Over $15,000 but not over $16,000 [$45] $90 20 Over $16,000 but not over $17,000 [$43] $86 21 Over $17,000 but not over $18,000 [$41] $82 22 S 2. This act shall take effect immediately and shall apply to taxable 23 years beginning on and after January 1, 2012.