Bill Text: NY S07063 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 7063 (Prior Session Legislation)

Introduced

Bill Title: Exempts benefits from the excluded worker fund from New York state income taxes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07063 Detail]

Download: New_York-2021-S07063-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          7063

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 26, 2021
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the tax law and part EEE of chapter 59 of  the  laws  of
          2021  amending  the  tax law establishing the excluded workers fund to
          provide payments to workers who suffered a loss of work-related  earn-
          ings or a major source of household income during a state of emergency
          declared  by  the  governor and who are otherwise ineligible for unem-
          ployment insurance or other state or federal unemployment benefit,  in
          relation  to exempting benefits from the excluded worker fund from New
          York state income taxes

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

     1    Section 1. Subdivision 3 of section 2 of part EEE of chapter 59 of the
     2  laws of 2021 amending the tax law establishing the excluded workers fund
     3  to provide payments to workers who suffered a loss of work-related earn-
     4  ings  or  a major source of household income during a state of emergency
     5  declared by the governor and who are otherwise ineligible for  unemploy-
     6  ment  insurance  or  other  state  or  federal  unemployment benefit, is
     7  amended to read as follows:
     8    3. Benefit computation. The benefit of the excluded  worker  shall  be
     9  computed as follows:
    10    (a)  The  benefit  for each excluded worker who filed a tax return for
    11  either tax years 2018, 2019, or 2020 with the department of taxation and
    12  finance using a valid United States individual  taxpayer  identification
    13  number  (ITIN)  and  any other excluded worker who is deemed eligible by
    14  the commissioner of labor for benefits  pursuant  to  paragraph  (k)  or
    15  paragraph  (l) of subsection five of this section shall be fifteen thou-
    16  sand six hundred dollars [minus an automatic deduction of seven  hundred
    17  eighty  dollars,  which  shall be remitted to the department of taxation
    18  and finance for the purposes of satisfying the provisions of  part  five

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11514-01-1

        S. 7063                             2

     1  of  article  twenty-two  of the tax law. All such deductions received by
     2  the commissioner of the department of taxation and finance  pursuant  to
     3  this  paragraph  shall  be deposited and disposed of pursuant to section
     4  one  hundred  seventy-one-a of the tax law applicable to article twenty-
     5  two of the tax law].
     6    (b) The benefit for all other excluded workers deemed eligible by  the
     7  commissioner of labor for benefits except those deemed eligible pursuant
     8  to  paragraph  (j), (k), or (l) of subsection five of this section shall
     9  be three thousand two hundred dollars [minus an automatic  deduction  of
    10  one  hundred sixty dollars, which shall be remitted to the department of
    11  taxation and finance for the purposes of satisfying  the  provisions  of
    12  part  five  of  article  twenty-two  of the tax law. All such deductions
    13  received by the commissioner of the department of taxation  and  finance
    14  pursuant  to  this paragraph shall be deposited and disposed of pursuant
    15  to section one hundred seventy-one-a of the tax law applicable to  arti-
    16  cle twenty-two of the tax law].
    17    (c)    [When  an  excluded worker files a New York personal income tax
    18  return for tax year 2021, the excluded  worker  may  reconcile  any  tax
    19  liability  for  such tax year and claim any refund to which the excluded
    20  worker is entitled] Notwithstanding any provision of law to the  contra-
    21  ry, benefits granted to an excluded worker pursuant to the provisions of
    22  this act shall be exempt from taxation pursuant to article twenty-two of
    23  the tax law.
    24    §  2.  Subsection  (i)  of  section  601  of the tax law is relettered
    25  subsection (j) and a new subsection (i) is added to read as follows:
    26    (i) Recipients of excluded worker fund benefits.  Notwithstanding  the
    27  provisions  of subsections (a), (b), (c) and (d) of this section and any
    28  other provision of this article, for  taxable  years  beginning  on  and
    29  after  January  first,  two  thousand  twenty-one,    benefits  from the
    30  excluded worker fund established pursuant to part EEE of chapter  fifty-
    31  nine  of  the  laws  of two thousand twenty-one shall be exempt from tax
    32  under this article regardless of  whether  such  income  is  subject  to
    33  federal income taxation.
    34    §  3. This act shall take effect immediately and shall be deemed to be
    35  in full force and effect on and after April 19, 2021.