1321 - Authority to impose city income tax surcharge.

§  1321.  Authority  to impose city income tax surcharge. (a) General.  Notwithstanding any other provision of law to the contrary, but  subject  to the limitations and conditions set forth in this article, any city in  this  state having a population of more than one hundred eighty thousand  but less than two hundred fifteen thousand inhabitants,  acting  through  its  local legislative body, is hereby authorized and empowered to adopt  and amend local laws imposing  in  any  such  city,  for  taxable  years  beginning  after  nineteen  hundred eighty-three and before two thousand  twelve, a city income tax surcharge on residents of such city at a  rate  not  to  exceed nineteen and one-quarter percent of the net state tax as  defined in section thirteen hundred twenty-three of this  article,  such  city  income tax surcharge to be administered, collected and distributed  by the commissioner as provided for in this article.    (b) Earnings tax on nonresidents  requirement.  The  city  income  tax  surcharge authorized by this article may be imposed only if this chapter  authorizes  the  adoption  of a city tax on the earnings of nonresidents  and the city imposing the tax authorized by this  article  also  imposes  such tax on the earnings of nonresidents.    (c)  Effectiveness  of  local  law and filing with commissioner. (i) A  local law enacted pursuant to the authority of  this  section  shall  go  into  effect  on  the first day of January, nineteen hundred eighty-four  and shall apply to taxable years beginning on or  after  such  date  and  before  two  thousand twelve. Provided, however, no such local law shall  be so effective unless such local law is enacted by  July  thirty-first,  nineteen  hundred  eighty-four and unless a certified copy of such local  law is mailed by registered or certified mail to the commissioner at the  commissioner's office in Albany by such date. (ii) If  the  requirements  of  paragraph  (i)  of  this subsection are not met, a local law enacted  pursuant to the authority of this section shall go into  effect  on  the  first  day  of  the  next  succeeding January and shall apply to taxable  years beginning on or after such date and before  two  thousand  twelve.  Provided,  however,  no such local law shall be so effective unless such  local law is enacted at least ninety days prior to the  date  it  is  to  become effective and unless a certified copy of such local law is mailed  by   registered   or   certified   mail  to  the  commissioner  at  such  commissioner's office in Albany by such date. However, the  commissioner  may  waive  and  reduce  such  ninety  day minimum requirements within a  period of not less than thirty days prior to such effective date if such  commissioner deems such action to be consistent with such commissioner's  duties under this article. (iii) Any  amendment  of  such  a  local  law  enacted  pursuant  to  the  authority of this section, which changes the  rate of the income tax surcharge on residents, shall take effect on  the  first  day of January in the year in which such amendment is enacted and  shall apply to taxable years beginning on or after such  date,  if  such  amendment is enacted on or before July thirty-first of the year in which  it is to take effect and a certified copy of such amendment is mailed by  registered or certified mail to the commissioner at his or her office in  Albany by such date. (iv) If the requirements of paragraph (iii) of this  subsection  are  not  met, the amendment of such local law shall go into  effect on the first day of the next succeeding January and  shall  apply  to  taxable years beginning on or after such date, provided that no such  amendment shall take effect unless it is enacted at  least  ninety  days  prior to the date it is to become effective and a certified copy thereof  is  mailed by registered or certified mail to the commissioner at his or  her office in Albany by such date. (v) Any amendment to  the  provisions  of  article twenty-two of this chapter to the extent that such amendment  is applicable to the city income tax surcharge imposed under such  locallaw,  shall  be  deemed  to  have  been  incorporated  in  the analogous  provision or provisions of such local law.    (d)  Filing  of  local law with others. Certified copies of such local  law shall also be filed with the clerk of the city wherein  the  tax  is  imposed,  the secretary of state and the state comptroller within thirty  days of the date of enactment.