New York S 5154: Imposes a special tax on artwork, antique furniture, and antique jewelry sold at auction and establishes the art education fund

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 Speaker Carl E. Heastie

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S05154 Summary:

BILL NOS05154A

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SAME ASSAME AS A10612

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SPONSORJACKSON

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COSPNSR

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MLTSPNSR

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Add Art 28-E §§1199 - 1199-d, Tax L; add §97-uuuu, St Fin L

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Imposes a special tax of three-tenths of one percent or one dollar, whichever is greater, on the receipts from the sale of art, antique furniture or antique jewelry at auction; establishes the art education fund to provide assistance for art education and art supplies at the kindergarten through twelfth grade levels at Title I public schools.

Go to top S05154 Actions:

BILL NOS05154A

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02/19/2025REFERRED TO BUDGET AND REVENUE

01/07/2026REFERRED TO BUDGET AND REVENUE

02/12/2026AMEND AND RECOMMIT TO BUDGET AND REVENUE

02/12/2026PRINT NUMBER 5154A

Go to topS05154 Committee&nbspVotes:

Go to topS05154 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05154 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5154--A

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. JACKSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Budget and Revenue --
 recommitted to the Committee on Budget and Revenue 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 imposing a special tax on
 artwork, antique furniture, and antique jewelry sold at auction; and
 to amend the state finance law, in relation to establishing the art
 education fund

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

 1 Section 1. The tax law is amended by adding a new article 28-E to read
 2 as follows:
 3 ARTICLE 28-E
 4 SPECIAL TAX ON ARTWORK, ANTIQUE FURNITURE, AND ANTIQUE JEWELRY
 5 SOLD AT AUCTION
 6 Section 1199. Definitions.
 7 1199-a. Imposition of special tax.
 8 1199-b. Administrative provisions.
 9 1199-c. Deposit and disposition of revenue.
 10 1199-d. Rules and regulations.
 11 § 1199. Definitions. As used in this article, the following terms
 12 shall have the following meanings:
 13 (a) "Art" shall be a work of art, artwork, art piece, piece of art or
 14 art object that is an aesthetic physical item or artistic creation.
 15 (b) "Antique furniture" shall be furniture created over one hundred
 16 twenty-five years ago.
 17 (c) "Antique jewelry" shall be jewelry created over one hundred twen-
 18 ty-five years ago.
 19 (d) "Auction" includes any auction taking place in the state or being
 20 managed by an entity that has a New York tax resale certificate or has

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09987-04-6

 S. 5154--A 2

 1 an auctioneer's license in any locality that requires it within the
 2 state.
 3 § 1199-a. Imposition of special tax. In addition to any other tax
 4 imposed by this chapter or other law, there is hereby imposed a tax of
 5 three-tenths of one percent or one dollar, whichever is greater, on the
 6 receipts from the sale of art, antique furniture or antique jewelry at
 7 auction. The tax is imposed on the purchaser and shall be collected by
 8 the entity conducting the auction at the time of sale, provided however,
 9 that where the tax imposed pursuant to this section is not collected by
 10 the entity conducting the auction the purchaser shall remit such tax
 11 directly to the commissioner.
 12 § 1199-b. Administrative provisions. Every person required to collect
 13 or pay the tax imposed under section eleven hundred ninety-nine-a of
 14 this article shall file a return and pay such tax required to be
 15 collected to the commissioner of taxation and finance on or before the
 16 twentieth day after the close of the quarterly period in which the sale
 17 took place.
 18 § 1199-c. Deposit and disposition of revenue. The taxes collected or
 19 received by the commissioner under this article shall be deposited in
 20 the art education fund established pursuant to section ninety-seven-uuuu
 21 of the state finance law and disposed of pursuant to the provisions of
 22 such section.
 23 § 1199-d. Rules and regulations. The commissione