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- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that the income level for the requirement to file a personal income tax return shall be set by regulation
In Assembly Committee · Ways And Means · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S188
Title of bill
An act to amend the tax law, in relation to the requirement to file a personal income tax return
Purpose
To set minimum personal income tax filing levels at the level of the federal adjusted gross income for the taxable year plus state addition modifications in excess of the New York standard deduction, rather than the arbitrary $4,000 which is currently in statute. This effectively means that most persons with no State personal income tax liability or refundable credits will not have to file state tax returns
Summary of provisions
Amends section 651 of the Tax Law to replace the statutory $4,000 filing minimum with a minimum equal to the federal adjusted gross income for the taxable year plus state addition modifications in excess of the New York standard deduction.
Justification
The current $4,000 minimum filing limit has been in statute for many years and forces persons who owe no taxes and who file no federal returns to file State income tax returns. This is a burden for low income persons, particularly senior citizens. It also adds administrative costs for the Department of Taxation and Finance, which must process numerous returns for which no tax is due. Persons with incomes lower than the standard deduction owe no tax and this will eliminate the patently unnecessary filing. The Department of Taxation and Finance estimates that approximately 250,000 persons with no tax liability and no refunds or refundable credits will be removed from filing requirements, saving the department an estimated $500,000 annually in processing and administrative costs. Furthermore, many of the individuals who would no longer have to file would be retirees with mostly exempt pension or annuity income.
Legislative history
2009: A.00661A (Kavanagh) - Ways and Means 2008: A.10156 (Kavanagh) - Ways and Means 2007-08: A.1309B (Aubertine) - Ways and Means 2003-04: S.979B - Passed Senate 2001-02: S.1601 - Passed Senate 2009-10: S.5283A - Passed Senate 2012: Committee Discharged and Committed to Rules
Fiscal impact on the state
Expected to reduce administrative costs of Department of Taxation and Finance by $500,000 annually.
Fiscal impact on localities
None" The Department of Taxation and Finance has determined that the change will not impact the allocation of state aid to school districts"
Effective date
This act shall take effect immediately and shall apply to all taxable years beginning on or after the date on which this act shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.