NY State Senate Bill 2015-S5816A

Senate Bill S5816A

2015-2016 Legislative Session

Establishes the metropolitan commuter transportation district fee tax credit for persons required to pay such fee

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2016	print number 5816a
Jan 12, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jun 04, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2015-S5816 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§606 & 210-B, Tax L

2015-S5816 - Summary

Establishes the metropolitan commuter transportation district fee tax credit for persons required to pay such fee.

2015-S5816 - Sponsor Memo

                                BILL NUMBER:S5816

TITLE OF BILL:

An act to amend the tax law, in relation to establishing an income tax
credit for certain metropolitan commuters

PURPOSE:.

Establishes a tax credit for individuals who pay the metropolitan
commuter transportation district (MCTD) supplemental registration fee
for farm vehicles.

SUMMARY OF PROVISIONS:

Section one amends section 606 of the tax law by adding a new
subsection (ccc) which establishes the metropolitan commuter
transportation district (MCTD) fee tax credit. This is applicable to
any person who pays the registration fee required by section 499-A of
the vehicle and traffic law for a farm vehicle registered pursuant to
subdivision 13 of section 401 of the vehicle and traffic law. It sets
the amount of the credit at the cost equal to the MCTD supplemental
registration fee and provides for the credit to be one hundred percent
refundable.

Section two amends subparagraph (B) of paragraph 1 of subsection (i)

of section 606 of the tax law by adding a new clause (xliii) relating
to the applicability of the tax credit to small corporations.

Section three amends section 210-B of the tax law by adding a new
subdivision (51) which establishes the corporations' credit base for
the MCTD fee tax credit.

Section four is the effective date.

JUSTIFICATION:

Currently, registrants of farm vehicles who reside in the Metropolitan
Commuter Transportation District (City of New York and the Counties of
Dutchess. Nassau, Orange, Putnam, Rockland, Suffolk and Westchester)
must pay to the Commissioner of Motor Vehicles a supplemental
registration fee of $50 every two years.

According to State law, farm vehicles are only allowed to travel
between points within New York State on public highways connecting
portions of a farm or farms, municipal sanitary landfills and licensed
motor vehicle repair shops, and may travel only by the most direct
route, but in no event further than 25 miles one-way. However, despite
these tight restrictions, farm vehicles must pay the supplemental fee
like any other registered vehicle in the MCTD.

This fee places an undue burden on our downstate farmers, who by
virtue of where they live must pay the supplemental fee, though they
receive no supplemental services.

This bill seeks to reimburse registrants of farm vehicles while not
reducing revenue to the MTA.


LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal to state.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2016.

2015-S5816 - Bill Text download pdf

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

                                  5816

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 4, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to establishing an  income  tax
  credit for certain metropolitan commuters

  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 (ccc) to read as follows:
  (CCC)  METROPOLITAN  COMMUTER  TRANSPORTATION DISTRICT FEE TAX CREDIT.
ANY PERSON WHO PAYS  THE  REGISTRATION  FEE  REQUIRED  BY  SECTION  FOUR
HUNDRED  NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM VEHICLE
REGISTERED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED  ONE
OF  THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE HUNDRED
PERCENT OF SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY  THIS  ARTICLE.
IF  THE  AMOUNT  OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE
YEAR EXCEEDS THE TAXPAYER'S TAX FOR  SUCH  YEAR,  THE  EXCESS  SHALL  BE
TREATED  AS  AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
  S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended by adding a new clause (xliii) to read as
follows:
(XLIII) METROPOLITAN COMMUTER        AMOUNT OF CREDIT UNDER
TRANSPORTATION DISTRICT FEE TAX      SUBDIVISION FIFTY-ONE OF
CREDIT UNDER SUBSECTION (CCC)        SECTION TWO HUNDRED TEN-B
  S 3. Section 210-B of the tax law is amended by adding a new  subdivi-
sion 51 to read as follows:
  51. METROPOLITAN COMMUTER TRANSPORTATION DISTRICT FEE TAX CREDIT.  (A)
ANY  TAXPAYER  WHO  PAYS  THE  REGISTRATION FEE REQUIRED BY SECTION FOUR
HUNDRED NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM  VEHICLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10471-07-5

S. 5816                             2

REGISTERED  PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED ONE
OF THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE  HUNDRED
PERCENT OF SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY THIS ARTICLE.
  (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
THAN  THE  FIXED  DOLLAR  MINIMUM  AMOUNT PRESCRIBED IN PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER,  IF
THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES  THE  TAX  TO  SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX
BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS  NOT
DEDUCTIBLE  IN  SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF
TAX TO BE CREDITED OR REFUNDED IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
SECTION  ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE
PROVISIONS OF SUBSECTION (C) OF SECTION  ONE  THOUSAND  EIGHTY-EIGHT  OF
THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2016.

2015-S5816A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§606 & 210-B, Tax L

2015-S5816A (ACTIVE) - Summary

Establishes the metropolitan commuter transportation district fee tax credit for persons required to pay such fee.

2015-S5816A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5816A

 TITLE OF BILL :

An act to amend the tax law, in relation to establishing an income tax
credit for certain metropolitan commuters

 PURPOSE :

Establishes a tax credit for individuals who pay the metropolitan
commuter transportation district (MCTD) supplemental registration fee
for farm vehicles.

 SUMMARY OF PROVISIONS :

Section one amends section 606 of the tax law by adding a new
subsection (ccc) which establishes the metropolitan commuter
transportation district (MCTD) fee tax credit. This is applicable to
any person who pays the registration fee required by section 499-A of
the vehicle and traffic law for a farm vehicle registered pursuant to
subdivision 13 of section 401 of the vehicle and traffic law. It sets
the amount of the credit at the cost equal to the MCTD supplemental
registration fee and provides for the credit to be one hundred percent
refundable.

Section two amends subparagraph (B) of paragraph 1 of subsection (i)

of section 606 of the tax law by adding a new clause (xliii) relating
to the applicability of the tax credit to small corporations.

Section three amends section 210-B of the tax law by adding a new
subdivision (51) which establishes the corporations' credit base for
the MCTD fee tax credit.

Section four is the effective date.

 JUSTIFICATION :

Currently, registrants of farm vehicles who reside in the Metropolitan
Commuter Transportation District (City of New York and the Counties of
Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester)
must pay to the Commissioner of Motor Vehicles a supplemental
registration fee of $50 every two years.

According to State law, farm vehicles are only allowed to travel
between points within New York State on public highways connecting
portions of a farm or farms, municipal sanitary landfills and licensed
motor vehicle repair shops, and may travel only by the most direct
route, but in no event further than 25 miles one-way. However, despite
these tight restrictions, farm vehicles must pay the supplemental fee
like any other registered vehicle in the MCTD.

This fee places an undue burden on our downstate farmers, who by
virtue of where they live must pay the supplemental fee, though they
receive no supplemental services.

This bill seeks to reimburse registrants of farm vehicles while not
reducing revenue to the MTA.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

Minimal to state.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2017.

2015-S5816A (ACTIVE) - Bill Text download pdf

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

                                 5816--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 4, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the tax law, in relation to establishing an income tax
  credit for certain metropolitan commuters

  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 (ccc) to read as follows:
  (CCC) METROPOLITAN COMMUTER TRANSPORTATION DISTRICT  FEE  TAX  CREDIT.
ANY  PERSON  WHO  PAYS  THE  REGISTRATION  FEE  REQUIRED BY SECTION FOUR
HUNDRED NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM  VEHICLE
REGISTERED  PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED ONE
OF THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE  HUNDRED
PERCENT  OF  SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY THIS ARTICLE.
IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION  FOR  ANY  TAXABLE
YEAR  EXCEEDS  THE  TAXPAYER'S  TAX  FOR  SUCH YEAR, THE EXCESS SHALL BE
TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN  ACCORD-
ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new  clause  (xliii)  to  read  as
follows:
(XLIII) METROPOLITAN COMMUTER        AMOUNT OF CREDIT UNDER
TRANSPORTATION DISTRICT FEE TAX      SUBDIVISION FIFTY-ONE OF
CREDIT UNDER SUBSECTION (CCC)        SECTION TWO HUNDRED TEN-B
  S  3. Section 210-B of the tax law is amended by adding a new subdivi-
sion 51 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10471-08-6

S. 5816--A                          2

  51. METROPOLITAN COMMUTER TRANSPORTATION DISTRICT FEE TAX CREDIT.  (A)
ANY TAXPAYER WHO PAYS THE REGISTRATION  FEE  REQUIRED  BY  SECTION  FOUR
HUNDRED  NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM VEHICLE
REGISTERED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED  ONE
OF  THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE HUNDRED
PERCENT OF SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY THIS ARTICLE.
  (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
FOR  ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE FIXED DOLLAR MINIMUM AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF
SUBDIVISION  ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF
THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES THE TAX TO SUCH AMOUNT OR IF THE  TAXPAYER  OTHERWISE  PAYS  TAX
BASED  ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT
DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS  AN  OVERPAYMENT  OF
TAX  TO  BE  CREDITED  OR  REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE
PROVISIONS  OF  SUBSECTION  (C)  OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2017.

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