New York A 1928: Provides personal income tax credit for real property taxes paid by certain veterans and their spouses; repeals real property tax law veterans' tax exemptions; repealer

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          1928
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 18, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Ways and Means
        AN  ACT  to amend the tax law, the real property tax law and the general
          municipal law, in relation to providing personal income tax credit for
          real property taxes paid by honorably discharged veterans or the unre-
          married surviving spouses of such veterans; and to repeal sections 458
          and 458-a of  the  real  property  tax  law  and  sections  11-245.45,
          11-245.5, 11-245.6 and 11-245.7 of the administrative code of the city
          of New York relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (jjj) to read as follows:
     3    (jjj)  Real property tax credit for veterans. (1) A taxpayer who is an
     4  honorably discharged veteran of the Spanish-American  war,  the  Mexican
     5  Border  period,  World  War  I,  World  War  II,  the  hostilities which
     6  commenced June twenty-seventh, nineteen hundred  fifty  to  the  thirty-
     7  first  of  January,  nineteen  hundred  fifty-five,  or  the hostilities
     8  participated in by the military forces of the United  States,  from  the
     9  first  day  of  January, nineteen hundred sixty-three, to the seventh of
    10  May, nineteen hundred seventy-five; or the unremarried surviving  spouse
    11  of  such  veteran  shall  be allowed a credit of fifteen percent of real
    12  property taxes paid during the taxable year to  a  municipality  not  to
    13  exceed  two  hundred fifty dollars against the tax imposed by this arti-
    14  cle.
    15    (2) Any such taxpayer who served in a combat theatre or combat zone of
    16  operations, as documented by the  award  of  a  United  States  campaign
    17  ribbon  or  service  medal,  or the unremarried surviving spouse of such
    18  veteran, shall be allowed an additional credit of ten  percent  of  real
    19  property  taxes  paid  during the taxable year to a municipality, not to
    20  exceed two hundred dollars, against the tax imposed by this article.
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD02608-02-9

        A. 1928                             2
     1    (3) Any such taxpayer who sustained  a  one  hundred  percent  service
     2  connected  disability,  or  the  unremarried  surviving  spouse  of such
     3  taxpayer, shall be allowed a credit of sixty percent  of  real  property
     4  taxes  paid during the taxable year to a municipality, not to exceed one
     5  thousand dollars, against the tax imposed by this article.
     6    (4)  Any such taxpayer who sustained a service connected disability in
     7  excess of fifty percent but less than one hundred percent, or the  unre-
     8  married  surviving spouse of such taxpayer, shall be allowed a credit of
     9  forty-five percent of real property taxes paid during the  taxable  year
    10  to  a  municipality,  not to exceed seven hundred fifty dollars, against
    11  the tax imposed by this article.
    12    (5) Any such taxpayer who sustained a service connected disability  of
    13  less  than  fifty  percent,  or the unremarried surviving spouse of such
    14  taxpayer, shall be allowed a credit of thirty percent of  real  property
    15  taxes paid during the taxable year to a municipality, not to exceed five
    16  hundred dollars, against the tax imposed by this article.
    17    (6)  A taxpayer, or the unremarried surviving spouse of such taxpayer,
    18  described  in  paragraphs  one  through  five,  respectively,  of   this
    19  subsection  who  rented  real property for personal residential purposes
    20  shall determine the percentage of total rental payments attributable  to
    21  payment  of  real  property taxes imposed upon the lessor and treat such
    22  percentage of payments,  for  purposes  of  credits  permitted  by  this
    23  subsection, as if such taxpayer had paid real property taxes directly to
    24  the taxing municipality.
    25    (7)  A taxpayer, or the unremarried surviving spouse of such taxpayer,
    26  described  in  paragraphs  one  through  five,  respectively,  of   this
    27  subsection  who owns shares of a residential cooperative corporation and
    28  occupies an apartment as his or  her  principal  resi