Senate Bill S542

2009-2010 Legislative Session

Extends the availability of the STAR exemption to certain business property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government 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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2009-S542 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §425, RPT L

2009-S542 (ACTIVE) - Summary

Extends the availability of the STAR exemption to certain business property provided such property is owned by the owner of an unincorporated business having no more than 100 employees or by other non-corporate owners employing a similar number of employees; provides that such exemption shall apply for one year and must be renewed by application to the assessor.

2009-S542 (ACTIVE) - Sponsor Memo

2009-S542 (ACTIVE) - Bill Text download pdf

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

                                   542

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- 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 extending  the
  school tax relief exemption to certain business property

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

  Section 1. Subdivision 3 of section 425 of the real property  tax  law
is amended by adding a new paragraph (f) to read as follows:
  (F)  BUSINESS PROPERTY. NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, REAL PROPERTY USED FOR COMMERCIAL AND  INDUSTRIAL  PURPOSES
SHALL  BE ENTITLED TO AN EXEMPTION EQUAL TO THE APPLICABLE PERCENTAGE OF
ASSESSED VALUE IF SUCH PROPERTY IS OWNED BY THE OWNER OF  AN  UNINCORPO-
RATED  BUSINESS  HAVING  NO MORE THAN ONE HUNDRED EMPLOYEES AND WHICH SO
USES SUCH PROPERTY OR BY ANY  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
CORPORATION,  OR ANY OTHER BUSINESS ORGANIZATION HAVING NO MORE THAN ONE
HUNDRED EMPLOYEES AND WHICH SO USES SUCH PROPERTY. PROVIDED,  THAT  OVER
FIFTY  PERCENT  OF VOTING CONTROL OF SUCH PARTNERSHIP, LIMITED LIABILITY
COMPANY, CORPORATION OR ORGANIZATION IS NOT OWNED OR CONTROLLED, DIRECT-
LY OR INDIRECTLY, BY A SINGLE CORPORATION, A  SINGLE  PARTNERSHIP  OR  A
SINGLE  LIMITED  LIABILITY  COMPANY. FOR PURPOSES OF THIS PARAGRAPH, THE
NUMBER OF EMPLOYEES SHALL BE THE AVERAGE NUMBER OF EMPLOYEES WITHIN  THE
STATE,  EXCEPT  GENERAL  EXECUTIVE OFFICERS, OF SUCH TAXPAYER DURING THE
PRECEDING CALENDAR YEAR. SUCH AVERAGE SHALL BE COMPUTED BY  ASCERTAINING
THE NUMBER OF EMPLOYEES WITHIN THE STATE, EXCEPT GENERAL EXECUTIVE OFFI-
CERS,  EMPLOYED  BY  THE  TAXPAYER ON THE THIRTY-FIRST DAY OF MARCH, THE
THIRTIETH  DAY  OF  JUNE,  THE  THIRTIETH  DAY  OF  SEPTEMBER  AND   THE
THIRTY-FIRST  DAY  OF  DECEMBER IN SUCH TAXABLE YEAR, BY ADDING TOGETHER
THE NUMBER OF EMPLOYEES ASCERTAINED ON EACH OF SUCH DATES  AND  DIVIDING
THE SUM SO OBTAINED BY THE NUMBER OF SUCH ABOVEMENTIONED DATES OCCURRING
WITHIN  SUCH  TAXABLE  YEAR.  FOR  PURPOSES  OF THIS PARAGRAPH, THE TERM

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

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