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S7898Senate2015-2016 SessionSame asA10362

Relates to the effectiveness of payments in lieu of taxes made by certain entities for property located at One Nirvana Plaza, Forestport, New York

Sponsor Joseph A. GriffoSD-47Affects Local Government
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A10362

What's happening

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Who cares

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Sponsors

Primary sponsor
Joseph A. Griffo

Senator · Senate District 47

Chair, Energy And Telecommunications

No co-sponsors yet.

History

  1. Substituted by A10362A
  2. Ordered to third reading cal.2006
  3. Committee discharged and committed to rules
  4. Print number 7898a
  5. Amend and recommit to local government
  6. 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.

A10362Assembly

Relates to the effectiveness of payments in lieu of taxes made by certain entities for property located at One Nirvana Plaza, Forestport, New York

Signed by Governor · Sponsor Anthony Brindisi

Signed into law

Full text

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

Sponsor's memo

Title of bill

An act to amend chapter 367 of the laws of 2013 relating to a certain agreement for a payment in lieu of taxes, in relation to the application thereof

Purpose

Relates to payments in lieu of taxes made by certain entities for property located at One Nirvana Plaza, Forestport, New York.

Summary of provisions

Section one makes provisions for payments in lieu of taxes made by certain entities for specified properties and relates to eligibility for real property tax credit.

Sections two provides the effective date.

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 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.

Nevertheless, there has been a recent policy shift within the New York State Department of Taxation and Finance (NYSTDF) regarding this type of agreement. NYSTDF has denied credit for lessee payments as a result of them 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 and face denials in future years.

These entities have complied with the spirit of the law, and have relied on the tax credit as a significant component of their budgets. Such a policy not only creates a disincentive for these businesses to continue their work in our communities, but jeopardizes their current fiscal integrity.

Legislative history

Chapter 367 of 2013.

Fiscal implications

None.

Effective date

Immediate.

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