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Appendix

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Summary of Tax Provisions in SFY 2016-17 Budget

Chapter 60 of the Laws of 2016 (S.6409-C/A.9009-C) REVENUE BILL

   Section(s) 
 Page(s)
Subject
Description
Effective Date
Citation

Part A

4-11

Convert STAR Exemption Benefit into an Income Tax Credit for New Homeowners  

Gradually converts the School Tax Relief (STAR) program from a real property tax exemption benefit into a personal income tax credit for new homeowners. Credit recipients have the option of receiving an advance payment from DTF.

Immediately, the credit applies for TYBOA 1/1/16

RPTL - Sections 425, 496, 520, and 1306-a; TL- Section 606

Part D

12-13

Late Filing of Enhanced STAR and Senior Citizen Renewal Applications – Hardship Exception

Makes it possible for taxpayers who have been receiving Enhanced STAR and/or Senior Citizens exemptions to file renewals up until the end of the interest free payment period for school taxes, where such late filing is due to hardship or other good cause shown.

60 days after enactment

RPTL - Sections 425 and 467

Part E

14-16

Convert the New York City STAR Credit into a New York State Income Tax Credit

Converts the existing New York City School Tax Relief (STAR) personal income tax credit into a New York State personal income tax credit for residents of New York City.

Immediately

TL – Sections 606 and 1310; Admin Code – Section 11-1706

Part F

15-16

Direct DTF Payment of STAR Tax Savings to Property Owners in Certain Cases

Authorizes DTF to make direct STAR benefit payments to eligible taxpayers in cases involving certain administrative errors, where no other remedy is readily available to correct the error.

Immediately

RPTL - Section 425

Part G

16-17

Extension of E-file Mandates

Extends, from tax year 2016 through 2019, certain tax modernization provisions related to improved electronic filing and payment mandates and the sales tax segregated accounts.

Immediately

Laws of 2011 –Chapter 61

(TL – Section 29)

Part H

17-18

Low-Income Housing Credit

Statewide limitations for the aggregate dollar amount available for allocation increased to $72 million effective immediately; $80 million effective
April 1, 2017; $88 million effective $April 1, 2018; $96 million effective April 1, 2019; $104 million effective April 1, 2020.

Immediately; with annual increase effective dates noted

PHL – Section 22.4

Part I

18-19

Hire A Veteran Credit

Extends the hire-a-veteran credit for two years to January 1, 2019. The period of eligible employment for qualified veterans also extended two years to January 1, 2018.

Immediately

TL – Sections 210-B, 606, and 1511

Part J

19-20

Commercial Production Credit

Extends the commercial production credit for two years to January 1, 2019.

Immediately

TL – Sections 28, 210-B, and 606

Part K

20

Credit for Companies That Provide Transportation to People with Disabilities

Extends the credit for 6 years to December 31, 2022.

Immediately

TL – Section 210-B

Part L

20

Permanently Extend the Noncustodial Parent Earned Income Tax Credit

Makes permanent the enhanced earned income tax credit (EITC) for certain noncustodial parents.

Immediately 

 

Laws of 2006 – Chapter 58 (TL – Section 606)

Part M

21

Extension of Tax Shelter Reporting Provisions

Extends the sunset date for current tax shelter disclosure and penalty provisions to July 1, 2019.

Immediately

Laws of 2005 – Chapter 61 (TL – Section 25)

Part N

21-22

Clean Heating Fuel Credit

Extends the clean heating fuel credit for three years to January 1, 2020. In addition, bioheat graded below B6 will no longer qualify for the credit beginning January 1, 2017.

Immediately for TYBOA 1/1/17

TL - Sections 210-B and 606

Part O

22-24

Excelsior Jobs Program Tax Credit

Extends the Excelsior Jobs Program by two years and reduces the aggregate amount of credit available for taxable years 2016 - 2024. Amends the EDL and the TL to authorize any unawarded tax credits remaining at the end of 2024 to be allocated in taxable years 2025 – 2027. No tax credits may be allowed for taxable years beginning on or after January 1, 2027.

Immediately

EDL - Sections 354 and 359; TL - Section 31

Part P

24-30

Qualified Financial Instruments and Other Exempt Income

Cross-References and Other Technical Amendments

New York City Change

Makes technical corrections to the corporate tax reform provisions in Article 9-A of the Tax Law and the Administrative Code of the City of New York.

TYBOA 1/1/15 

 

Various

 

 

Part Q

30-43

Tax Return Due Date Changes

Brings certain NYS filing deadlines into conformity with those at the federal level. Also, provides that the mandatory first installment of estimated tax is based on the tax from two years prior.

Various

Various

Part U

43

Alternative Fuel Exemption

Extends expiring fuel tax exemptions for five years until September 1, 2021

Immediately

Laws of 2006 –Chapter 109

Part V

43-45

Alcohol Beverage Production Credit

 

Alcoholic Beverage Tastings

Expands the beer production credit to include wine, liquor and cider.

 

Exempts alcoholic beverages used at tastings held in accordance with the Alcoholic Beverage Control Law from the alcoholic beverage tax.

Immediately for TYBOA 1/1/16 for production credit

 
April 1, 2016 for exemption

TL- Sections 37, 210-B, and 606

 

TL-Sections 424 and 1118

Part X

45-46

Room Remarketers

Allows hotel room remarketers to purchase the hotel rooms that they resell exempt from State and local sales tax and conforms the New York City hotel occupancy tax to this change.

June 1, 2016

TL – Sections 1105 and 1115; Admin Code – Section 11-2502

Part Y

48

Eliminate Charitable Giving as a Factor in Determining Domicile for Estate Tax

Prohibits charitable contributions and charitable activities from being considered in determining domicile for estate tax purposes.

Immediately

TL- Section 951-a

Part Z

47-50

State Conformity with Federal Aviation Administration

Ensures compliance with federal law governing the use of monies collected from taxes on aviation fuel by amending the Tax Law and State Finance Law to dedicate petroleum business tax (PBT) revenues from aviation fuels sales to an aviation purposes account and   exempts fuel used in commercial and general aviation aircraft from local sales tax 

April 1, 2017 for dedication of PBT revenues

 

December 1, 2017 for aviation fuel exemption from local sales tax

SFL – Section 89-b; TL – Sections 312, 1102, and 1210 

 

Part II

63-64

Medical Marijuana Disclosure

Authorizes the Department to disclose to the Division of the Budget or the Office of the State Comptroller information aggregated from tax returns filed by registered organizations under the medical marijuana program whether the number of such registered organizations is one or more.

Immediately

TL – Section 491

Part JJ

64-65

STAR Recoupment Timing Clarification

Clarifies that the look back period for recoupment of erroneously granted STAR exemptions involves up to three prior school years, rather than three prior assessment roll years.

Immediately

RPTL - Section 425

Part KK

65-69

Highway Use Tax Certificate of Registration and Decal Fees

Establishes a new reduced highway use tax (HUT) certificate of registration and decal fee of $1.50 per vehicle.

Immediately

SFL – Section 99-y; TL – Sections 502, 509, and 515

Part LL

69

Special Additional Mortgage Recording Tax Credit

Makes the Special Additional Mortgage Recording Tax Credit under Article 9-A refundable for residential mortgages.

TYBOA 1/1/15

TL – Section 210-B

Part MM

69-70

Real Property Tax Credit for Manufacturers

Allows real property taxes paid on certain leased property to qualify for the credit under Article 9-A.

TYBOA 1/1/15

TL – Section 210-B

Part NN

70-71

Leased Assets for ENI Modifications for Banks

Provides that total assets includes leased real property that is not properly reflected on a balance sheet for purposes of the entire net income modifications for certain community banks and thrifts.

TYBOA 1/1/15

TL – Section 208; Admin Code – Section 11-652

Part QQ

74-75

Amend Economic Transformation and Facility Redevelopment Program

Allows certain psychiatric facilities previously owned by the state into the Economic Transformation and Facility Redevelopment Program and amends costs allowable for credit for such facilities.

Immediately

EDL – Sections 400 and 402; TL- Section 35

Part RR

76-77

Farm Workforce Retention Credit

Creates a tax credit for eligible farmers for employees who work five hundred hours or more per taxable years. Credit valued at $250 per eligible employee for TY17; $300 for TY18; $500 for TY19; $400 for TY20; and $600 for TY21.

TYBOA 1/1/17 and before 1/1/22

TL – Sections 42, 210-B, and 606

Part TT

83-88

Rate Reduction for Middle Income Taxpayers

Provides an income tax rate reduction for taxpayers earning between $26,000 and $300,000. Reduced rates will be phased-in over an 8-year period with the first cuts occurring in tax year 2018.

Immediately, with the new rates taking effect January 1, 2018.

TL – Section 601

Part UU

88-92

Motor Fuel Wholesaler Registration

Requires certain wholesalers of motor fuel to register with the Department of Taxation and Finance, and to file monthly informational returns.

December 1,2016

TL – Sections 282, 283-d, 287, 1102, 1111, and 1812-g

Part VV

92

Urban Youth Jobs Tax Credit

Total allocation for programs four and five increased from $20 million to $50 million, with $30 million for qualified employees and $20 million for individuals who meet all requirements for a qualified employee except for residency requirement.

Immediately

LL – Section 25-a

Part WW

92-97

Commercial Fuel Cell Systems

Provides a State sales tax exemption for leasing commercial fuel cell systems and related services. Local governments have the option to also provide the exemption.

June 1, 2016

TL – Sections 1115, 1210, 1212, and 1224

 

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Chapter 57 of the Laws of 2016 (S.6405-C/A.9005-C) PPGG BILL
  Section(s)  
 Page(s)
Subject
Description
Effective Date
Citation

Part P

9-10

Anaerobic Digestion Facilities Property Tax Exemption

Moves language relating to the exemption of certain anaerobic digestion facilities from an agricultural structure related statute into a new section of the RPTL, enabling such facilities to qualify without being located on agricultural land. Also makes clear that such facilities can’t also receive exemption under RPTL sec. 487.

Immediately

 

RPTL - Sections 483-a, 483-e, and 487

Chapter 54 of the Laws of 2016 (S.6406-C/A.9006-C) ELFA BILL
Section(s)
Page(s)
Subject
Description
Effective Date
Citation

Part EE

71-72

Extender of SCRIE/DRIE Exemption Income Limits

Extends the authorization for the increase in the qualifying income limit to $50,000 for an additional four years, through June 30, 2020, and limits the amount of reimbursement to the City of New York to a maximum of $1.2 million.

Immediately

Laws of 2014 – Chapters 55 and 129 (RPTL - Section 467-b)

Chapter 58 of the Laws of 2016 (S.6408-C/A.9008-C) TED BILL
Section(s)
Page(s)
Subject
Description
Effective Date
Citation

Part T

28-30

Waste Tire Management Fee Extension

Extends expiring State waste tire management and recycling fee for three years until December 31, 2019.

Immediately

ECL – Sections 27-1905, 27-1913, and 27-1915

Admin Code – Administrative Code of the City of New York
ECL = Environmental Conservation Law|
EDL = Economic Development Law
LL = Labor Law
PHL = Public Housing Law
RPTL = Real Property Tax Law
SFL = State Finance Law
TL = Tax Law
TYBOA – Taxable years beginning on or after

Updated: