Grants credit against personal income tax to purchasers of residential housing in the amount of any down payment made on such housing; provides that the maximum credit shall not exceed 5 percent of the purchase price of the residential housing; requires taxpayers to meet eligibility requirements imposed by the state of New York mortgage agency.
TITLE OF BILL: An act to amend the tax law, in relation to granting to purchasers of residential housing a credit against personal income tax in the amount of any down payment made on such housing
PURPOSE: This bill will encourage the purchase of residential housing by first time home buyers by affording them a credit against a person's income tax in the amount of any down payment.
SUMMARY OF PROVISIONS: This bill adds a new subsection (r-1) to Section 606 of the Tax Law to provide a taxpayer a credit against personal income tax for any down payment made on the purchase of a one to four family residence located within the State. Any tax credit not used in the taxable year in which the residence was purchased could be carried forward or backwards for the five, immediately succeeding or preceding, calendar or fiscal years until the full credit has been allowed. In addition, the aggregate amount of tax credit allowed could not exceed 5% of the purchase price of the home. The tax credit would only be available to the taxpayers who meet the eligibility requirements imposed by the state of New York Mortgage Agency for its forward commitment loan program.
JUSTIFICATION: This bill is predicated on the belief that the State needs to encourage home ownership by attempting to make residential housing more affordable. Allowing first time home buyers or purchasers of housing in certain targeted areas to take a tax credit in the amount of any down payment will provide an added economic incentive to purchase residential housing.
LEGISLATIVE HISTORY: 2009-10: S.1094/A.5819 Referred to Investigations and Government Operations 2007-08: S.357/A.4030 Referred to Investigations and Government Operations 2006: S.6492/A.9609 Referred to Investigations and Government operations 2005: A.5730 Referred to Ways and Means 2003-04: A.4632 Held in Ways and Means 2002: A.10104 Held in Ways and Means
FISCAL IMPLICATIONS: Some loss of revenue to the State, but potential increases of revenue in local real property tax collections could result.
EFFECTIVE DATE: This act shall take effect immediately and shall apply to taxable years commencing on or after the first of January next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 762 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. YOUNG -- 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 granting to purchasers of residential housing a credit against personal income tax in the amount of any downpayment made on such housing 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 (r-1) to read as follows: (R-1) CREDIT FOR DOWNPAYMENT MADE BY PURCHASERS OF RESIDENTIAL HOUS- ING. (1) A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY SECTION SIX HUNDRED ONE OF THIS PART FOR ANY DOWNPAYMENT MADE ON THE PURCHASE OF A ONE- TO FOUR-FAMILY RESIDENCE LOCATED WITHIN THE STATE. ANY TAX CREDIT NOT USED IN THE TAXABLE YEAR IN WHICH THE RESIDENCE WAS PURCHASED MAY BE CARRIED FORWARD OR BACKWARDS FOR THE FIVE, IMMEDIATELY SUCCEEDING OR PRECEDING, CALENDAR OR FISCAL YEARS UNTIL THE FULL CREDIT HAS BEEN ALLOWED. THE AGGREGATE AMOUNT OF THE TAX CREDIT ALLOWED UNDER THIS SUBSECTION SHALL NOT EXCEED FIVE PERCENT OF THE PURCHASE PRICE OF THE RESIDENTIAL HOUSING. (2) THE PROVISIONS OF THIS SUBSECTION SHALL ONLY APPLY TO TAXPAYERS WHO MEET THE ELIGIBILITY REQUIREMENTS IMPOSED BY THE STATE OF NEW YORK MORTGAGE AGENCY FOR ITS FORWARD COMMITMENT LOAN PROGRAM PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. S 2. This act shall take effect immediately and shall apply to taxable years commencing on or after 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. LBD02508-01-1