Bill Text: NY A03947 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires STAR program payments to be postmarked no later than fifteen days prior to the expiration of the interest free period to pay school taxes of the year the credit is allowed, or no later than ninety days after the receipt of an application for the credit, whichever is later.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to real property taxation [A03947 Detail]

Download: New_York-2017-A03947-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3947--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Real Property  Taxation  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  tax  law, in relation to requiring STAR program
          payments to be issued timely
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (B)  of paragraph 10 of subsection (eee) of
     2  section 606 of the tax law, as amended by section 8 of part A of chapter
     3  73 of the laws of 2016, is amended and a new subparagraph (F)  is  added
     4  to read as follows:
     5    (B)  On or before September [fifteenth] first of each year, or as soon
     6  thereafter as practicable, the commissioner shall determine  the  eligi-
     7  bility  of taxpayers for this credit utilizing the information available
     8  to him or her as obtained from the applications submitted [on or  before
     9  July  first of that year, or such later date as may have been prescribed
    10  by the commissioner for that purpose,] and from such  other  sources  as
    11  the  commissioner  deems  reliable  and appropriate. For those taxpayers
    12  whom the commissioner has  determined  eligible  for  this  credit,  the
    13  commissioner  shall  advance  a payment in the amount specified in para-
    14  graph three, four or six of this subsection,  whichever  is  applicable.
    15  Such  payment  shall  be  [issued  by September thirtieth] postmarked no
    16  later than fifteen days prior to the expiration  of  the  interest  free
    17  period  to  pay  school  taxes of the year the credit is allowed, or [as
    18  soon thereafter as is practicable] no later than ninety days  after  the
    19  receipt  of an application for the credit, whichever is later.  [Nothing
    20  contained herein shall be deemed to preclude the commissioner from issu-
    21  ing payments after September  thirtieth  to  qualified  taxpayers  whose
    22  applications were made after July first of that year, or such later date
    23  as may have been prescribed by the commissioner for such purpose.]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07549-04-7
        A. 3947--A                          2
     1    (F)  In  the  event  that  an advanced payment is postmarked after the
     2  dates prescribed under subparagraph (B) of this  paragraph  the  commis-
     3  sioner  shall  apply  to such credit a late fee of five percent, with an
     4  additional one percent per month thereafter until such credit  is  post-
     5  marked.  In the event that an advanced payment is issued in an incorrect
     6  amount and a taxpayer must return the advanced payment, the commissioner
     7  shall apply to such credit a late fee of five  percent,  with  an  addi-
     8  tional one percent per month thereafter until such credit is reissued in
     9  the correct amount.
    10    §  2. This act shall take effect immediately, and shall apply to taxa-
    11  ble years beginning on and after 2017.