54-F - State tax relief for school taxpayers of the city of New York.

§ 54-f. State tax relief for school taxpayers of the city of New York.  1.  Except  as otherwise provided by law, the provisions of this section  shall be utilized by the state to calculate the annual amount due to  be  paid to the city of New York by the state to reimburse such city for tax  receipts  foregone  (a) as a result of a chapter of the laws of nineteen  hundred ninety-seven that reduced the rates of tax imposed  pursuant  to  authority  granted under section thirteen hundred one of the tax law and  that  created  a  new  "state  school  tax  reduction  credit"   against  liabilities  imposed  pursuant to the authority granted the city by such  section and other statutes authorizing  the  imposition  of  a  personal  income tax on the residents of such city, and (b) as a result of the tax  rate adjustments made by a chapter of the laws of two thousand ten which  amended this subdivision.    2. The amount of such reimbursement shall be equal to the tax receipts  foregone  by  the  city pursuant to the provisions of the tax reductions  described in subdivision one of  this  section  for  the  calendar  year  ending  in  each such state fiscal year and shall be determined annually  beginning with the state fiscal year nineteen hundred  ninety-seven  and  each  year  thereafter.  Such  amount, as finally determined pursuant to  this section, shall represent a state charge and shall be  paid  to  the  city as provided in subdivision five of this section.    3.  (a)  The  amount  of  such reimbursement shall be estimated by the  commissioner of taxation and finance on or before December first of  the  year  preceding  the state fiscal year during which such amount is to be  paid begins. The commissioner shall use the best  available  information  at  his  or  her  disposal  to estimate such amount. In addition to such  methods  and  information  the  commissioner  may  use  in  making  such  estimate,  he  or  she shall consult with the city department of finance  during the preparation of the determination of such amount.    (b) The estimate shall be provided to the director of the  budget  for  use in preparing the budget for the next subsequent state fiscal year on  or  before  the  tenth  day of December in each such year, and copies of  such estimate shall also be supplied  to  the  chairman  of  the  senate  finance  committee  and  to  the chairman of the assembly ways and means  committee.    (c) In each of the  three  years  following  the  preparation  of  the  initial  determination  of  such amount the commissioner of taxation and  finance shall revise such estimate and shall provide  such  revision  to  the director of the budget and shall also supply copies of such revision  to  the  chairman of the senate finance committee and to the chairman of  the  assembly  ways  and  means  committee.  Following  the  third  such  revision,  such  determination  of  the amount shall be considered to be  final and subject to no further review or revision.    4. The governor shall include the amounts determined in paragraphs (a)  and (c) of subdivision three of this section as an identifiable item  of  appropriation  in  each  annual  executive budget submission required by  this chapter for fiscal years beginning in nineteen hundred ninety-eight  and thereafter.    5. Amounts determined to be due the  city  pursuant  to  this  section  shall be paid out pursuant to the following schedule:    (a)   for   the  state  fiscal  year  beginning  in  nineteen  hundred  ninety-eight, one hundred percent of any required amount shall  be  made  by March fifteenth in such fiscal year;    (b)   for   the  state  fiscal  year  beginning  in  nineteen  hundred  ninety-nine, fifty percent shall be paid  out  on  March  fifteenth  and  fifty percent on December fifteenth of such year;(c)  for the state fiscal year beginning in two thousand, thirty-three  and one-third percent  shall  be  paid  out  on  the  fifteenth  day  of  September, December and March of such year;    (d)  for  the  state  fiscal  year  beginning  in  two  thousand  six,  thirty-seven and one-half percent shall be paid out on the fifteenth day  of September and December of such year, and twenty-five percent shall be  paid out on the fifteenth of June of the following year;    (e) for the  state  fiscal  year  beginning  in  two  thousand  seven,  thirty-two  and  one-half  percent shall be paid by the fifteenth day of  September and sixty-five percent of the total reimbursement due in  such  fiscal year shall be paid by the fifteenth day of December of such year,  and  the  remainder  of  the total reimbursement due in such fiscal year  shall be paid by the fifteenth  day  of  June  of  the  following  year.  Notwithstanding the foregoing provisions of this paragraph, the director  of  the  division  of  the budget shall have the discretion to defer the  September fifteenth or December fifteenth payment  due  in  such  fiscal  year until June fifteenth of the following year;    (f)  for  the  state  fiscal  year  beginning  in  two thousand eight,  thirty-one and seven-tenths percent shall be paid by the  fifteenth  day  of  September  and  sixty-three  and  four-tenths  percent  of the total  reimbursement due in such fiscal year shall be paid by the fifteenth day  of December of such year, and the remainder of the  total  reimbursement  due  in  such  fiscal year shall be paid by the fifteenth day of June of  the following year. Notwithstanding the  foregoing  provisions  of  this  paragraph,  the  director  of  the division of the budget shall have the  discretion to  defer  the  September  fifteenth  or  December  fifteenth  payment  due  in  such fiscal year until June fifteenth of the following  year; and    (g) for the state fiscal years beginning  in  two  thousand  nine  and  thereafter,  thirty  and  eight-tenths  percent  shall  be  paid  by the  fifteenth day of September and sixty-one and six-tenths percent  of  the  total  reimbursement  due  in  such  fiscal  year  shall  be paid by the  fifteenth day of December of such year, and the remainder of  the  total  reimbursement due in such fiscal year shall be paid by the fifteenth day  of  June of the following year. Notwithstanding the foregoing provisions  of this paragraph, the director of the division of the budget shall have  the discretion to defer the September fifteenth  or  December  fifteenth  payment  due  in  such fiscal year until June fifteenth of the following  year.