Assembly Bill A1399

2011-2012 Legislative Session

Extends eligibility for the agricultural property tax credit to farmers having a leasehold interest of not fewer than five years in qualified agricultural property

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A1399 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §§210 & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2009-2010: A988
2013-2014: A327
2015-2016: A3358
2017-2018: A1558
2019-2020: A1702
2021-2022: A5722
2023-2024: A2040

2011-A1399 (ACTIVE) - Summary

Extends eligibility for the agricultural property tax credit to farmers having a leasehold interest of not fewer than five continuous years in qualified agricultural property; provides for retroactive application in certain cases.

2011-A1399 (ACTIVE) - Bill Text download pdf

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

                                  1399

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. HAWLEY, CROUCH, BURLING, BUTLER, SAYWARD, McDO-
  NOUGH -- Multi-Sponsored by -- M. of A. BARCLAY, DUPREY, FINCH,  KOLB,
  P. LOPEZ, J. MILLER, OAKS, RAIA, REILICH, TEDISCO, THIELE -- read once
  and referred to the Committee on Ways and Means

AN  ACT  to amend the tax law, in relation to the eligibility of farmers
  leasing land for the agricultural property tax credit

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraphs (a) and (b) of subdivision 22 of section 210 of
the tax law, paragraph (a) as amended by chapter 315 of the laws of 1998
and paragraph (b) as amended by chapter 297 of the  laws  of  2010,  are
amended to read as follows:
  (a)  General.  In  the  case of a taxpayer which is an eligible farmer
[or], an eligible farmer [who] WHICH has paid taxes pursuant to  a  land
contract,  OR  AN  ELIGIBLE FARMER WHICH HAS A LEASEHOLD INTEREST OF NOT
FEWER THAN FIVE CONTINUOUS YEARS AS A LESSEE OF  QUALIFIED  AGRICULTURAL
PROPERTY,  there  shall  be  allowed  a  credit for the allowable school
district property taxes. The term "allowable  school  district  property
taxes"  means the school district property taxes paid during the taxable
year on qualified agricultural property, subject to the acreage  limita-
tion  provided in paragraph (e) of this subdivision and the income limi-
tation provided in paragraph (f) of this subdivision.
  (b) Eligible farmer.  For  purposes  of  this  subdivision,  the  term
"eligible farmer" means a taxpayer whose federal gross income from farm-
ing  for the taxable year is at least two-thirds of excess federal gross
income. The term "eligible farmer" also  includes  a  corporation  other
than  the  taxpayer  of record for qualified agricultural land which has
paid the school district property taxes  on  such  land  pursuant  to  a
contract  for  the future purchase of such land OR WHICH HAS A LEASEHOLD
INTEREST OF NOT FEWER THAN FIVE CONTINUOUS YEARS AS  A  LESSEE  OF  SUCH

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

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