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A05308 Summary:

BILL NOA05308
 
SAME ASSAME AS S01800
 
SPONSORWright
 
COSPNSREnglebright, Abbate, Benedetto, Cahill, Colton, Dinowitz, Farrell, Gunther, Lupardo
 
MLTSPNSR
 
Amd 467, RPT L
 
Exempts veteran disability payments from inclusion as income of persons sixty-five years of age or over to determine eligibility for a real property tax exemption.
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A05308 Actions:

BILL NOA05308
 
02/07/2017referred to veterans' affairs
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A05308 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5308
 
SPONSOR: Wright
  TITLE OF BILL: An act to amend the real property tax law, in relation to the senior citizen exemption and veteran disability compensation   PURPOSE OR GENERAL IDEA OF BILL: This bill deducts veterans' disability compensation used to calculate senior citizen real property tax exemptions.   SUMMARY OF SPECIFIC PROVISIONS: Paragraph (a) of subdivision 3 of section 467 of the Real property Tax Law would be amended to eliminate veterans' disability compensation for purposes of determining income eligibility for the senior citizen exemption. Section one of the bill is a technical amendment incorporating a prior amendment to the paragraph.   JUSTIFICATION: Disabled United States armed forces members cannot deduct compensation payments for injuries received in war from their income when applying for the senior citizen exemption, but people that were not even citizens of this country during the war can take deductions for compensation received as a result of war. This bill attempts to create equity with respect to both classes of applicants for the senior citizen tax exemption.   PRIOR LEGISLATIVE HISTORY: 2011: A.2277 Referred to Veterans Affairs 2012: S.6976 Died in Rules/A.2277 Referred to Veterans Affairs 2013: A.2580 Held for consideration in Veterans' affairs   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: Immediately upon enactment and applies to assessment rolls commencing after the following January 1st; the technical amendment contained in section one of the bill shall be deemed to have been in effect since September 9, 2003.
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A05308 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5308
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2017
                                       ___________
 
        Introduced  by  M. of A. WRIGHT, ENGLEBRIGHT, ABBATE, BENEDETTO, CAHILL,
          COLTON, DINOWITZ, FARRELL, GUNTHER, LUPARDO -- read once and  referred
          to the Committee on Veterans' Affairs
 
        AN  ACT  to  amend  the real property tax law, in relation to the senior
          citizen exemption and veteran disability compensation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph (a) of subdivision 3 of section 467 of the real
     2  property tax law, as amended by chapter 259 of  the  laws  of  2009,  is
     3  amended to read as follows:
     4    (a) if the income of the owner or the combined income of the owners of
     5  the  property  for the income tax year immediately preceding the date of
     6  making application for exemption  exceeds  the  sum  of  three  thousand
     7  dollars, or such other sum not less than three thousand dollars nor more
     8  than twenty-six thousand dollars beginning July first, two thousand six,
     9  twenty-seven  thousand dollars beginning July first, two thousand seven,
    10  twenty-eight thousand dollars beginning July first, two thousand  eight,
    11  and  twenty-nine  thousand  dollars  beginning  July first, two thousand
    12  nine, as may be provided by  the  local  law,  ordinance  or  resolution
    13  adopted  pursuant to this section. Income tax year shall mean the twelve
    14  month period for which the owner or  owners  filed  a  federal  personal
    15  income  tax  return,  or  if no such return is filed, the calendar year.
    16  Where title is vested in either the husband or the wife, their  combined
    17  income  may  not  exceed  such sum, except where the husband or wife, or
    18  ex-husband or ex-wife is absent from the property as provided in subpar-
    19  agraph (ii) of paragraph (d) of this subdivision, then only  the  income
    20  of  the spouse or ex-spouse residing on the property shall be considered
    21  and may not exceed such sum. Such income shall include  social  security
    22  and  retirement  benefits, interest, dividends, total gain from the sale
    23  or exchange of a capital asset which may be offset by a  loss  from  the
    24  sale  or  exchange  of  a capital asset in the same income tax year, net
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00683-01-7

        A. 5308                             2
 
     1  rental income, salary or earnings, and net income from  self-employment,
     2  but  shall not include a return of capital, gifts, inheritances, veteran
     3  disability compensation, as defined in Title 38  of  the  United  States
     4  Code, payments made to individuals because of their status as victims of
     5  Nazi  persecution,  as  defined in P.L. 103-286 or monies earned through
     6  employment in the federal foster grandparent program and any such income
     7  shall be offset by all medical and prescription drug  expenses  actually
     8  paid  which were not reimbursed or paid for by insurance, if the govern-
     9  ing board of a municipality, after a public hearing, adopts a local law,
    10  ordinance or resolution providing therefor.   Furthermore,  such  income
    11  shall  not  include the proceeds of a reverse mortgage, as authorized by
    12  section six-h of the banking law, and sections two  hundred  eighty  and
    13  two  hundred  eighty-a of the real property law; provided, however, that
    14  monies used to repay a reverse mortgage may not be deducted from income,
    15  and provided additionally that any interest or dividends  realized  from
    16  the  investment of reverse mortgage proceeds shall be considered income.
    17  [The provisions of this paragraph notwithstanding, such income shall not
    18  include veterans disability compensation, as defined in Title 38 of  the
    19  United  States  Code  provided the governing board of such municipality,
    20  after public hearing,  adopts  a  local  law,  ordinance  or  resolution
    21  providing  therefor.] In computing net rental income and net income from
    22  self-employment no depreciation  deduction  shall  be  allowed  for  the
    23  exhaustion,  wear  and  tear  of  real or personal property held for the
    24  production of income;
    25    § 2. This act shall take effect immediately and shall apply  to  those
    26  assessment  rolls having a taxable status date on or after January first
    27  of the year next succeeding the year in which it  shall  have  become  a
    28  law.
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