STATE OF NEW YORK ________________________________________________________________________ 3505 2017-2018 Regular Sessions IN SENATE January 23, 2017 ___________ 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 advance payments of the school tax relief credit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (B) and (C) of paragraph 10 of subsection 2 (eee) of section 606 of the tax law, as amended by section 8 of part A 3 of chapter 73 of the laws of 2016, are amended to read as follows: 4 (B) On or before September [~~fifteenth~~] first of each year, or as soon 5 thereafter as practicable, the commissioner shall determine the eligi- 6 bility of taxpayers for this credit utilizing the information available 7 to him or her as obtained from the applications submitted on or before 8 July first of that year, or such later date as may have been prescribed 9 by the commissioner for that purpose, and from such other sources as the 10 commissioner deems reliable and appropriate. For those taxpayers whom 11 the commissioner has determined eligible for this credit, the commis- 12 sioner shall advance a payment in the amount specified in paragraph 13 three, four or six of this subsection, whichever is applicable. Such 14 payment shall be issued by September [~~thirtieth~~] fifteenth of the year 15 the credit is allowed, or as soon thereafter as is practicable. Nothing 16 contained herein shall be deemed to preclude the commissioner from issu- 17 ing payments after September thirtieth to qualified taxpayers whose 18 applications were made after July first of that year, or such later date 19 as may have been prescribed by the commissioner for such purpose. 20 Provided, however, for a qualified taxpayer that has applied for the 21 advanced payment by July first of the tax year or is already eligible to 22 receive an advanced payment prior to July first, if the advanced payment 23 is not postmarked by the fifteenth of September or the amount of the 24 advanced payment that is postmarked by the fifteenth of September is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08572-01-7

S. 3505 2 1 less than the amount due the taxpayer then the qualified taxpayer shall 2 receive an amount equal to the interest and penalty payment imposed by 3 the school district for late payment of the school tax bill plus inter- 4 est pursuant to paragraph (i) of section six hundred eighty-eight of 5 this article. 6 (C) A taxpayer who has failed to receive an advance payment that he or 7 she believes was due to him or her, or who has received an advance 8 payment that he or she believes is less than the amount that was due to 9 him or her, or who did not receive the advance payment by the date 10 prescribed in subparagraph (B) of this paragraph may request payment of 11 the claimed deficiency plus the amount of interest and penalty payment 12 imposed by the school district for late payment of the school tax bill 13 and interest pursuant to paragraph (i) of section six hundred eighty- 14 eight of this article in a manner prescribed by the commissioner. 15 Provided, however, if a taxpayer receives an advanced payment on or 16 after October first, the taxpayer is not eligible for any interest or 17 penalty imposed by the school district that is incurred five business 18 days after the postmark of the advanced payment. 19 § 2. Section 688 of the tax law is amended by adding a new paragraph 20 (i) to read as follows: 21 (i) Notwithstanding any other provisions in this section, interest 22 will be allowed on any advance payment allowed pursuant to paragraph 23 (eee) of section six hundred six of this article that is not postmarked 24 by the fifteenth of September or is less than the amount due the taxpay- 25 er for qualified taxpayers that has applied for the advance payment 26 prior to July first of that tax year or is already eligible to receive 27 an advance payment prior to July first. 28 § 3. This act shall take effect immediately.

Relates to the advanced payment of the school tax relief credit

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