Bill Text: NY A09241 | 2011-2012 | General Assembly | Introduced
Bill Title: Permits senior citizens to substitute a more recent year's income for purposes of meeting the income eligibility requirements for the enhanced STAR exemption in cases of a decrease in income from the previous year such as would render them currently although not previously eligible.
Spectrum: Moderate Partisan Bill (Republican 18-3)
Status: (Introduced - Dead) 2012-05-08 - held for consideration in real property taxation [A09241 Detail]
Download: New_York-2011-A09241-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9241
I N A S S E M B L Y
February 9, 2012
___________
Introduced by M. of A. WALTER, BURLING, OAKS, MONTESANO, FINCH, RAIA,
CALHOUN, MURRAY, RA, CORWIN, HAWLEY -- Multi-Sponsored by -- M. of A.
BARCLAY, COLTON, CONTE, DUPREY, SAYWARD, THIELE -- read once and
referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to permitting
senior citizens to substitute a more recent year's income for purposes
of determining eligibility for the enhanced exemption for school tax
relief
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (i) of paragraph (b) of subdivision 4 of
2 section 425 of the real property tax law is amended by adding a new
3 clause (C-1) to read as follows:
4 (C-1) NOTWITHSTANDING THE PROVISIONS OF CLAUSES (B) AND (C) OF THIS
5 SUBPARAGRAPH, IN THE EVENT THAT A SENIOR CITIZEN WHO WOULD BE ELIGIBLE
6 FOR THE ENHANCED EXEMPTION BUT FOR INCOME IN EXCESS OF THE APPLICABLE
7 INCOME STANDARD EXPERIENCES A DECREASE IN INCOME FROM TAX YEAR TWO THOU-
8 SAND ELEVEN TO TAX YEAR TWO THOUSAND TWELVE, THEN FOR THE PURPOSES OF
9 DETERMINING ELIGIBILITY FOR THE ENHANCED EXEMPTION FOR THE YEAR TWO
10 THOUSAND THIRTEEN, SUCH SENIOR CITIZEN MAY SUBSTITUTE HIS OR HER TWO
11 THOUSAND TWELVE INCOME FOR HIS OR HER TWO THOUSAND ELEVEN INCOME IF SUCH
12 DECREASE IN INCOME RESULTS IN SUCH SENIOR CITIZEN'S INCOME MEETING THE
13 APPLICABLE INCOME STANDARD FOR THE YEAR TWO THOUSAND THIRTEEN; PROVIDED
14 THAT SUCH TWO THOUSAND TWELVE INCOME TAX RETURN HAS BEEN FILED WITH THE
15 APPROPRIATE STATE OR FEDERAL AGENCY, OR OTHER DOCUMENTATION OF INCOME
16 ELIGIBILITY HAS BEEN FILED WITH THE ASSESSOR OF APPROPRIATE JURISDIC-
17 TION, PRIOR TO THE APPROPRIATE TAXABLE STATUS DATE. FOR EACH SUBSEQUENT
18 SCHOOL YEAR, THE APPLICABLE INCOME TAX AND STAR YEARS SHALL BE ADVANCED
19 BY ONE YEAR.
20 S 2. The provisions of this act shall be construed and applied in
21 accordance with those provisions of section 14 of part E of chapter 83
22 of the laws of 2002 amending the real property tax law.
23 S 3. In the event the amendments provided for in section one of this
24 act have not become law prior to the applicable taxable status date, an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08726-02-2
A. 9241 2
1 applicant may file an amended application for the enhanced STAR
2 exemption. If such amended application is filed after the last date for
3 hearing complaints, the difference between what such applicant would
4 have received had the application been accepted for an enhanced STAR
5 exemption and what the applicant received pursuant to the basic STAR
6 exemption shall be credited against the taxes levied in 2012, provided,
7 however, that no such refund shall be applied that would result in a
8 refundable credit to such applicant.
9 S 4. This act shall take effect immediately.
