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S2568Senate2017-2018 SessionSame asA9575

Broaden School Tax Income Definition

Official title

“Relates to the term "income" for purposes of the school tax relief exemption”

Sponsor Pamela HelmingSD-54+1 co-sponsorAffects Housing
Status
In Senate Committee
Rules
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill expands the definition of "income" for New York's school tax relief exemption to exclude certain retirement account distributions.

Why it matters

  1. Expanding the list of retirement accounts whose distributions are excluded from "income". means more retirees could qualify for New York’s STAR property tax exemption, potentially reducing their school tax bills.

  2. Including 401(k), 403(b), and SEP plan distributions (not just IRAs and annuities) recognizes how retirement savings have diversified. , making the exemption rules more fair and relevant for today’s retirees.

  3. Lowering taxable “income” for STAR eligibility could help aging New Yorkers stay in their homes longer. , since more people living on retirement savings won’t be penalized for drawing from certain types of accounts.

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Who cares

Headline styles

Broaden School Tax Income Definition

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Pamela Helming

Senator · Senate District 54

1 Co-sponsor

History

  1. Recommitted to rules
  2. Ordered to third reading cal.1821
  3. Reported and committed to rules
  4. Reported and committed to finance
  5. Referred to aging
  6. Returned to senate
  7. Died in assembly
  8. Referred to real property taxation
  9. Delivered to assembly
  10. Passed senateVote 62–0
  11. Advanced to third reading
  12. 2nd report cal.
Show 2 earlier actions
  1. 1st report cal.1100
  2. Referred to aging

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.

A9575Assembly

Change School Tax Income Rules

In Assembly Committee · Real Property Taxation · Sponsor Steven Englebright

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2568

2017-2018 Regular Sessions

IN SENATE

January 13, 2017

Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Aging

AN ACT to amend the real property tax law, in relation to the term "income" for purposes of the school tax relief exemption

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subparagraph (ii) of paragraph (b) of subdivision 4 of section 425 of the real property tax law, as amended by section 3 of part E of chapter 83 of the laws of 2002, is amended to read as follows:

(ii) The term "income" as used herein shall mean the "adjusted gross income" for federal income tax purposes as reported on the applicant's federal or state income tax return for the applicable income tax year, subject to any subsequent amendments or revisions, reduced by distributions, to the extent included in federal adjusted gross income, received from an individual retirement account [and], an individual retirement annuity, a distribution from an account established under section 401(k) or 403(b) of the United States internal revenue code of 1986 as amended, or a simplified employee pension plan (SEP) established pursuant to the United States internal revenue code of 1986 as amended; provided that if no such return was filed for the applicable income tax year, "income" shall mean the adjusted gross income that would have been so reported if such a return had been filed.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08229-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the real property tax law, in relation to the term "income" for purposes of the school tax relief exemption

Purpose

To expand the categories of retirement income which are not included in the income calculation for purposes of qualifying for the STAR exemption.

Summary of provisions

Section 1: Amends subparagraph 2 of paragraph b, subdivision 4 of section 425 of the real property tax law excluding from the income calculation a distribution from an account established under section 401-K or 403-B of the United States Internal Revenue Code of 1986 as amended or a simplified employee pension plan established pursuant to the United States Internal Revenue Code of 1986 as amended.

Justification

When the STAR real property tax relief law was introduced, the calculation of adjusted gross income for qualification allowed an individual to exempt their distribution from an individual retirement account. However, distributions from other tax qualified accounts under the Internal Revenue Code were not excluded. Consequently, many individuals who have saved substantial amounts of money in individual retirement accounts are allowed to exclude distributions those while individuals who may have saved in plans established under section 401K, 403-8, etc., are required to include those distributions in their calculation of income. In some circumstances, this statutory scheme has an unfair impact on individuals who have saved under particular retirement accounts at the expense of those who saved under other types of retirement accounts.

Prior legislative history

S.7472 of 2014, S.4595 of 2015/2016

Fiscal implications

To be determined

Effective date

This act shall take effect January 1, following the date upon which it becomes law.

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