This bill has been amended

Bill S2338-2011

Provides for the inclusion of sales tax revenue shared by a county with the school district in the STAR savings calculation

Provides for the inclusion of sales tax revenue shared by a county with the school district in the STAR savings calculation.

Details

Actions

  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Jan 19, 2011: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S2338

TITLE OF BILL: An act to amend the real property tax law, in relation to school tax relief program (STAR) savings calculation

PURPOSE OF THE BILL: To give equal STAR relief to homeowners who pay their school taxes in part through sales tax revenue

SUMMARY OF SPECIFIC PROVISIONS: This bill amends subdivision 2 of section 1306-a of the Real Property Tax Law by adding a new section (b) which provides that STAR tax savings shall be calculated to include any sales tax revenue shared by a county with a school district. Any such sales tax revenue shall be added to each residential tax parcel eligible for STAR exemption in its pro rata percentage as an additional tax levy, prior to calculating the STAR tax savings. The first sentence of existing subdivision 2 is lettered as (a) and the second sentence in existing subdivision 2 is lettered as (c).

JUSTIFICATION: There are currently five counties that share sales tax revenues with their school districts. In effect, each resident is paying part of his or her school taxes through sales taxes. Current STAR law considers only the school taxes paid on the real property tax bill in calculating the STAR rebate, unfairly reducing the STAR and Senior STAR rebates to residents in these counties. This bill would add the sales taxes paid to school districts into the amount used to calculate the STAR savings.

PRIOR LEGISLATIVE HISTORY: 2010 - S.2641/A.4844 -- LOCAL GOV'T/Real Propeliy 2008 - S.2333-A/A.6485-A -- FINANCE/Real Property Taxation 2007 - S.2333/A.6485 -- FINANCE/Real Property Taxation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately and apply to real propel1y taxes levied for fiscal years commencing on or after January 1, 2012.


Text

STATE OF NEW YORK ________________________________________________________________________ 2338 2011-2012 Regular Sessions IN SENATE January 19, 2011 ___________
Introduced by Sens. RANZENHOFER, ALESI, DeFRANCISCO, MAZIARZ, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the real property tax law, in relation to school tax relief program (STAR) savings calculation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1306-a of the real property tax law, as added by section 16 of part B of chapter 389 of the laws of 1997, is amended to read as follows: 2. Tax savings. (A) The tax savings for each parcel receiving the exemption authorized by section four hundred twenty-five of this chapter shall be computed by subtracting the amount actually levied against the parcel from the amount that would have been levied if not for the exemption. (B) FOR PURPOSES OF THIS SUBDIVISION, TAX SAVINGS SHALL BE CALCULATED TO INCLUDE ANY SALES TAX REVENUE SHARED BY A COUNTY WITH A SCHOOL DISTRICT. SUCH SALES TAX REVENUE SHALL BE ADDED ON A PRO RATA BASIS EQUAL TO THE PERCENTAGE THAT EACH PARCEL RECEIVING AN EXEMPTION IS TO THE ENTIRE TAX LEVY, AS AN ADDITIONAL TAX LEVY, PRIOR TO CALCULATING THE SAVINGS. (C) A statement shall then be placed on the tax bill for the parcel in substantially the following form: "Your tax savings this year resulting from the New York state school tax relief (STAR) program is $_______." S 2. This act shall take effect immediately and shall apply to real property taxes levied for fiscal years commencing on and after January 1, 2012.

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