S T A T E   O F   N E W   Y O R K
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                                  3715

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. TENNEY, FINCH -- read once and referred to the
  Committee on Ways and Means

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:

  Section 1. Subparagraph (E)  of  paragraph  1  of  subsection  (e)  of
section  606  of  the  tax law, as amended by chapter 105 of the laws of
2006, is amended to read as follows:
  (E) "Qualifying real property taxes" means all  real  property  taxes,
special  ad  valorem  levies and special assessments, AND MUNICIPAL USER
FEES, exclusive of penalties and interest, levied on the residence of  a
qualified  taxpayer  and  paid  during the taxable year [less the credit
claimed under subsection (n-1) of this section]. In addition, for  taxa-
ble years beginning after December thirty-first, nineteen hundred eight-
y-four,  a qualified taxpayer may elect to include any additional amount
that would have been levied in the absence of  an  exemption  from  real
property  taxation  pursuant  to section four hundred sixty-seven of the
real property tax law. If tenant-stockholders in a  cooperative  housing
corporation  have met the requirements of section two hundred sixteen of
the internal revenue code by which they are allowed a deduction for real
estate taxes, the amount of taxes so allowable, or which would be allow-
able if the taxpayer had filed returns on a cash basis, shall be  quali-
fying  real property taxes. If a residence is owned by two or more indi-
viduals as joint tenants or tenants in common, and one or more than  one
individual  is  not  a member of the household, qualifying real property
taxes is that part of such taxes on the  residence  which  reflects  the
ownership percentage of the qualified taxpayer and members of his house-
hold.  If  a  residence is an integral part of a larger unit, qualifying
real property taxes shall be limited to that amount of such  taxes  paid
as  may be reasonably apportioned to such residence. If a household owns

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07488-01-5
              

A. 3715                             2

and occupies two or more residences during different periods in the same
taxable year, qualifying real property taxes shall be  the  sum  of  the
prorated  qualifying  real  property taxes attributable to the household
during  the  periods such household occupies each of such residences. If
the household owns and occupies a residence for part of the taxable year
and rents a residence for part of the same taxable year, it may  include
both  the  proration  of qualifying real property taxes on the residence
owned and the real property tax equivalent with respect  to  the  months
the  residence  is rented. Provided, however, for purposes of the credit
allowed under this subsection, qualifying real  property  taxes  may  be
included  by  a qualified taxpayer only to the extent that such taxpayer
or the spouse of such taxpayer occupying such residence for  six  months
or  more  of  the  taxable year owns or has owned the residence and paid
such taxes.
  S 2. Paragraph 1 of subsection (e) of section 606 of the  tax  law  is
amended by adding a new subparagraph (H) to read as follows:
  (H)  "MUNICIPAL USER FEES" MEANS ANY MUNICIPAL FEE CHARGED TO A QUALI-
FIED TAXPAYER FOR SERVICES PROVIDED BY A MUNICIPALITY INCLUDING, BUT NOT
LIMITED TO FEES CHARGED FOR LIBRARY SERVICES, GARBAGE, FIRE  PROTECTION,
WATER AND SEWER. "MUNICIPAL USER FEES" SHALL NOT INCLUDE ANY RECREATION-
AL FEES CHARGED BY A MUNICIPALITY, INCLUDING BUT NOT LIMITED TO FEES FOR
THE USE OF A MUNICIPAL GOLF COURSE OR SWIMMING POOL THAT ARE IN ADDITION
TO THE REAL PROPERTY TAX LEVY.
  S 3. This act shall take effect immediately.