Establishes rules for receipts from services provided by asset management corporations

BILL NUMBER:S2612A

Title of bill

An act to amend the tax law, in relation to establishing rules for receipts from services provided by asset management corporations

Purpose or general idea of bill

To update the tax law to provide for the appropriate taxation of asset management corporations.

Summary of specific provisions

Section 1 amends paragraph b of subdivision 2 of section 209-B of the Tax Law to provide for metropolitan transportation business tax surcharge of asset management corporations.

Section 2 of the bill amends clause B of subparagraph 2 of paragraph a of subdivision 3 of section 210 of the Tax Law to add asset management services to the computation of tax.

Section 3 amends Section 210 of the Tax Law is amended by adding a new subparagraph 6-a to subdivision 3 to provide rules for receipts from services provided by asset management corporations.

Section 4 of the bill amends paragraph 2 of subsection a of Section 1454 of the Tax Law to add a new subparagraph Hand re-letter current subparagraphs H and I to provide for the franchise tax on banking corporations to apply appropriately to asset management corporations.

Section 5 amends paragraph 1-a of subsection b of section 1454 of the Tax Law to apply the franchise tax on banking corporations to asset management corporations for future taxable years.

Justification

This legislation amends the tax law to update it to reflect the current state of the money management industry. In 1988 the tax law was amended to reflect the presence of mutual fund managers and to afford them tax treatment that more accurately reflected the proper allocation of their business in New York. When the 1988 law was passed, its intention was to make New York a more competitive place for these companies to grow and expand, especially since these companies were very mobile. Those reasons are just as true today. In the twenty years since the enactment of these provisions, these mutual fund managers have grown to manage more than just mutual funds. These managers have become asset managers though, fundamentally, they perform the same services in a similar fashion as before. Now, there are very few mutual fund only managers. This bill seeks to reflect what has transpired over two decades in a business that the legislature saw fit to provide particular allocation rules for already. Other states such as Delaware and California, have already updated their tax treatment of these entities.

Prior legislative history

Introduced 2009-2010 as S.5708

Fiscal implications

Undetermined.

Effective date

The act shall tax effect immediately and shall apply to taxable years beginning on or after January 1, 2012.