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S7711Senate2013-2014 SessionSame asA9990

Relates to an agreement for a payment in lieu of taxes for property located at 14 Rotterdam Industrial Park, Schenectady, New York

Sponsor Hugh T. FarleySD-49+1 co-sponsorAffects Housing
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Sponsors

Primary sponsor
Hugh T. Farley

Senator · Senate District 49

1 Co-sponsor

History

  1. Signed chap.350
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.340
  6. Substituted for A9990
  7. Referred to real property taxation
  8. Delivered to assembly
  9. Passed senateVote 56–2
  10. Ordered to third reading cal.1281
  11. Committee discharged and committed to rules
  12. Referred to local government

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.

A9990Assembly

Relates to an agreement for a payment in lieu of taxes for property located at 14 Rotterdam Industrial Park, Schenectady, New York

Assembly Floor Calendar · Sponsor Phil Steck

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S7711

Title of bill

An act relating to a certain agreement for a payment in lieu of taxes

Purpose

Relates to eligibility of a Qualified Empire Zone Enterprise for real property tax credit for payments in lieu of taxes previously made for specified properties.

SUMMARY OF PROVISIONS:Section one relates to eligibility for real property tax credit for payments in lieu of taxes made by a Qualified Empire Zone Enterprise for property located at 14 Rotterdam Industrial Park, Rotterdam, New York.

Justification

Qualified Empire Zone Enterprises (QEZE) are vital businesses within our communities that encourage job growth and foster economic development. As an incentive to participate, these entities qualify for certain tax exemptions and refunds. For example, under New York State tax law, a QEZE tenant that is responsible for property taxes under its lease is eligible for a refund for paid property taxes. Payments by a lessee made pursuant to a PILOT agreement qualify as property taxes that are eligible for this refund.

However, a policy shift within the New York State Department of Taxation and Finance resulted in the denial of credit for lessee payments as a result of the lessee not being a "party to" the PILOT agreement between the landlord and the tax jurisdiction. As a result, lessees who have been approved for the tax credit, have paid taxes consistent with their lease agreements, and have been audited by the state during the relevant time period, are now being assessed for credits awarded in prior years.

These entities have complied with the intent and spirit of the law, and have relied on the tax credit as a significant component of their economic development projects. Laws were enacted in 2012 and 2013 to provide redress for certain affected QEZEs in other parts of the state. This bill would provide similar relief.

Legislative history

Similar to Chapter 430 of 2012 and Chapters 367 and 508 of 2013.

Fiscal implications

None - such credits were previously accounted for in the State's financial plan

Effective date

Immediate and shall apply to taxable years beginning on and after January 1, 2006 and ending on or before December 31, 2009

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.