S3223-2011 Actions

• Feb 7, 2012: PRINT NUMBER 3223A
• Feb 7, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Feb 14, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S3223-2011 Memo

BILL NUMBER:S3223

TITLE OF BILL:
An act
to amend the tax law, in relation to the creation of an E-ZPass expense
tax credit

PURPOSE AND JUSTIFICATION:
This bill would allow taxpayers to claim up
to $500 of E-ZPass expenses incurred in travel in New York State as a
credit on their individual tax return in the year in which the
expense was incurred. E-ZPass expenses could not be both used as a
deduction elsewhere in a tax return and also claimed as a credit. If
the full credit cannot be used in any year, it can be carried forward
to credit against future tax liability.
Although the bonding agreements that have been entered into by the New
York Thruway Authority may not allow it to give relief to the
residents of New York State who continue to pay high tolls, this bill
would give these New York drivers alternate help in the form of a tax
credit for tolls paid using an E-ZPass account of up to $500 per year.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 606 of the
New York Tax Law to add a new subsection (ss) which:

(a) allows a credit
for E-ZPass expenses incurred in New York State not to exceed $500;
(b) defines E-ZPass for the purposes of the subsection; and
(c) provides that if the amount of credit shall exceed the taxpayer's
tax for such year, the excess shall be carried forward, and that the
credit cannot be claimed if the expense has been claimed as an
expense or deduction on any tax return.

Section 2 provides that the act shall take effect the first of January
next succeeding the date on which it shall have become law.

PRIOR LEGISLATIVE HISTORY:
2008 - S.7122 -- INVESTIGATIONS/GOV'T OPS
2010 - S.3016 -- INVESTIGATIONS/GOV'T OPS

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which is shall have become law.

S3223-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3223
 2011-2012 Regular Sessions
 I N  SENATE
 February 14, 2011
 
 Introduced  by Sens. RANZENHOFER, DeFRANCISCO, MAZIARZ -- 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 the creation of an E-ZPass
 expense tax credit
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  606  of  the  tax law is amended by adding a new
 subsection (ss) to read as follows:

 (SS) CREDIT FOR E-ZPASS EXPENSES. (A) ALLOWANCE AND AMOUNT OF  CREDIT.
 A  TAXPAYER,  WHO HAS E-ZPASS EXPENSES INCURRED IN NEW YORK STATE, SHALL
 BE ALLOWED A CREDIT, TO BE COMPUTED  AS  PROVIDED  IN  THIS  SUBSECTION,
 AGAINST  THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL
 BE EQUAL TO AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS.
 (B) DEFINITION. THE TERM "E-ZPASS" SHALL, FOR  THE  PURPOSES  OF  THIS
 SUBSECTION,  REFER  TO  A SYSTEM OF COLLECTING TOLLS OR CHARGES WHICH IS
 CAPABLE OF CHARGING AN ACCOUNT HOLDER THE APPROPRIATE TOLL OR CHARGE  BY
 TRANSMISSION OF INFORMATION FROM AN ELECTRONIC DEVICE ON A MOTOR VEHICLE
 TO  THE  TOLL  LANE, WHICH INFORMATION IS USED TO CHARGE THE ACCOUNT THE
 APPROPRIATE TOLL OR CHARGE.
 (C) APPLICATION OF CREDIT. IF THE AMOUNT OF THE  CREDIT  SHALL  EXCEED
 THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
 FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
 SUCH  YEAR OR YEARS. NO CREDIT SHALL BE ALLOWED UNDER THIS SECTION WHERE
 SUCH EXPENSE HAS BEEN CLAIMED AS AN EXPENSE  OR  DEDUCTION  ON  ANY  TAX
 RETURN.
 

S  2.  This act shall take effect the first of January next succeeding
 the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02564-01-1

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