What's happening
This bill creates a tax credit for homeowners who retrofit their primary residence with accessibility improvements for disabled persons.
Why it matters
Encourages accessibility improvements by reimbursing a significant portion (30%) of key retrofits. , such as no-step entrances, wider doors, reinforced bathroom walls, and accessible electrical fixtures, making it more financially feasible for homeowners to adapt homes for disabled residents.
Caps the maximum lifetime benefit per home at $5,000 and limits total statewide credits to $1 million annually. , meaning early applicants are more likely to benefit, and the program’s reach may be limited each year.
Allows unused credits to be carried over to future tax years. , enabling homeowners with lower tax burdens to still take full advantage of the credit over time rather than losing the benefit if they owe less tax in a given year.
Targets owner-occupied primary residences and excludes commercial properties. , ensuring the benefit is focused on actual living spaces and not investment or rental properties; also provides proportional benefits in cases of shared ownership.
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Who cares
Headline styles
Tax Credit for Disability Retrofits
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A5333A
- Ordered to third reading cal.1932
- Committee discharged and committed to rules
- Print number 2829a
- Amend and recommit to investigations and government operations
- 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.
Tax Credit for Accessibility Upgrades
Vetoed · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2829--A
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to creating a disabled person retrofit tax credit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 606 of the tax law is amended by adding a new subsection (jjj) to read as follows:
(jjj) Disabled person retrofit tax credit. (1) For taxable years beginning on or after January first, two thousand nineteen, a taxpayer shall be allowed a credit, to be computed as hereinafter provided, against the tax imposed by this article. The amount of the credit shall be equal to thirty percent of the cost of the expenditures made by the taxpayer with respect to the installation of qualified improvements at a dwelling occupied by the taxpayer as his or her primary residence and may be allowed in the taxable year in which the expenditure is incurred; provided that the lifetime credit allowable with regard to expenditures for the installation of qualified improvements at a particular dwelling by any taxpayer shall not exceed five thousand dollars in the aggregate for improvements made to that dwelling. Subject to the provisions of this subsection, a taxpayer shall be allowed a credit, not to exceed five thousand dollars in the aggregate, for each dwelling that the taxpayer occupies as his or her primary residence and at which the taxpayer installs qualified improvements.
(2) As used in this subsection "qualified improvements" means the installation of:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06269-03-8
S. 2829--A 2
(A) a no-step entrance or entrances allowing access into the residence;
(B) interior passage doors providing at least a thirty-two inch wide opening;
(C) reinforcements in bathroom walls allowing installation of grab bars around the toilet, tub and shower; and
(D) light switches and outlets placed in locations accessible to disabled persons.
(3) If the amount of credit allowable under this subsection shall exceed the taxpayer's tax for such year, the excess may be carried over to the following year or years and may be deducted from the taxpayer's tax for such year or years.
(4) (A) The provisions of this subsection shall not apply to any dwelling owned solely for commercial purposes. In the case of a building where less than the entire building is used as a residence of the taxpayer, only the portion of the total expenditures made in the building that is attributable to the residence of the taxpayer shall be treated as qualified expenditures for the purposes of this subsection.
(B) If the taxpayer occupies the dwelling as his or her primary residence for only a portion of a tax year in which a credit under this subsection is claimed, the amount of the allowable credit shall be reduced in proportion to the amount of time the taxpayer did not occupy the dwelling as his or her primary residence.
(C) In the case of a dwelling that is owned by and is a residence of two or more persons, other than a husband and wife, the portion of the total expenditures made in the rehabilitation of the building that is attributable to each taxpayer shall be equal to the taxpayer's share of ownership in such building.
(5) The taxpayer shall furnish such information as the commissioner determines is necessary to determine any credit under this subsection.
(6) The aggregate amount of tax credits allowed shall be one million dollars each year. Such aggregate amount of credits shall be allocated by the department among taxpayers in order of priority based upon the date of filing. If the total amount of allocated credits applied for in any particular year exceeds the aggregate amount of tax credits allowed for such year under this section, such excess shall be treated as having been applied for on the first day of the subsequent year.
§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2019; provided further, this act shall apply to all tax years commencing on or after January 1, 2019.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the tax law, in relation to creating a disabled person retrofit tax credit
Purpose
To provide an incentive for owners of residential buildings to retrofit homes for access to the disabled.
Summary of provisions
Section One of the bill amends Section 606 of the tax law to allow a taxpayer a tax credit to be equal to thirty percent, with a maximum of $5,000 dollars, of the cost of expenditures for retrofitting a home for disabled access- Qualified improvements include:
*A no-step entrance or entrance allowing access to the residence;
*Interior passage doors providing at least thirty-two in wide opening;
*Reinforcements in bathroom walls allowing installation of grab bars around the toilet, tub and shower; and
*Light switches and outlets Placed in locations accessible to disabled Persons.
This credit shall be limited to one million dollars per year and will be allocated among tax payers based on the order of the date of filing.
Existing law
None.
Justification
Many homeowners discover that retro-fitting homes to allow better access for the disabled cost prohibitive and be deterred from making the improvements. This legislation would provide a tax credit that is equal to thirty percent of the cost expenditures, up to $5,000 for making qualified improvements.
Legislative history
2015-2016: S.1388E - Amend and Recommit to Investigations and Gov't Operations 2013-2014: S.1573A - Amend and Recommit to Investigations and Gov't Operations
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately and shall be deemed to have been in full force and effect on January 1, 2018; Provided further, this act shall apply to all tax years commencing on or after January 1, 2018.
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