N.Y. TAX Law § 1304-D — New York Code / Act TAX / Article 30 / Section 1304-D
Imposition of tax
Status: in_force

§ 1304-D. Imposition of tax. Notwithstanding any provision of law to\nthe contrary, in lieu of the tax tables provided in section thirteen\nhundred four of this article, any city imposing the taxes authorized by\nsection thirteen hundred one of this article is hereby authorized and\nempowered to adopt and amend local laws to impose the rates set forth in\nthe tax tables provided in this section.  Provided, however, if any such\ncity adopts a local law to impose tax at the rates set forth in this\nsection, the authorization granted to such city to impose an additional\ntax by section thirteen hundred four-B of this article shall be\nsuspended while such local law is in effect.\n  (a) Rate of tax. A tax imposed pursuant to this section shall be\ndetermined as follows:\n  (1) Resident married individuals filing joint returns and resident\nsurviving spouses. The tax under this section for each taxable year on\nthe city taxable income of every city resident married individual who\nmakes a single return jointly with his or her spouse under subsection\n(b) of section thirteen hundred six of this article and on the city\ntaxable income of every city resident surviving spouse shall be\ndetermined in accordance with the following tables:\n  (A) For taxable years beginning in two thousand five:\nIf the city taxable income is:         The tax is:\nNot over $21,600                       2.907% of the city taxable income\nOver $21,600 but not                   $628 plus 3.534% of excess\nover $45,000                             over $21,600\nOver $45,000 but not                   $1,455 plus 3.591% of excess\nover $90,000                             over $45,000\nOver $90,000 but not                   $3,071 plus 3.648% of excess\nover $150,000                            over $90,000\nOver $150,000 but not                  $5,260 plus 4.05% of excess\nover $500,000                            over $150,000\nOver $500,000                          $19,435 plus 4.45% of excess\n                                         over $500,000\n  (B) For taxable years beginning in two thousand four:\nIf the city taxable income is:         The tax is:\nNot over $21,600                       2.907% of the city taxable income\nOver $21,600 but not                   $628 plus 3.534% of excess\nover $45,000                             over $21,600\nOver $45,000 but not                   $1,455 plus 3.591% of excess\nover $90,000                             over $45,000\nOver $90,000 but not                   $3,071 plus 3.648% of excess\nover $150,000                            over $90,000\nOver $150,000 but not                  $5,260 plus 4.175% of excess\nover $500,000                            over $150,000\nOver $500,000                          $19,872 plus 4.45% of excess\n                                         over $500,000\n  (C) For taxable years beginning in two thousand three:\nIf the city taxable income is:         The tax is:\nNot over $21,600                       2.907% of the city taxable income\nOver $21,600 but not                   $628 plus 3.534% of excess\nover $45,000                             over $21,600\nOver $45,000 but not                   $1,455 plus 3.591% of excess\nover $90,000                             over $45,000\nOver $90,000 but not                   $3,071 plus 3.648% of excess\nover $150,000                            over $90,000\nOver $150,000 but not                  $5,260 plus 4.25% of excess\nover $500,000                          over $150,000\nOver $500,000                          $20,135 plus 4.45% of excess\n                                       over $500,000\n  (2) Resident heads of households. The tax under this section for each\ntaxable year on the city taxable income of every city resident head of a\nhousehold shall be determined in accordance with the following tables:\n  (A) For taxable years beginning in two thousand five:\nIf the city taxable income is:         The tax is:\nNot over $14,400                       2.907% of the city taxable income\nOver $14,400 but not                   $419 plus 3.534% of excess\nover $30,000                             over $14,400\nOver $30,000 but not                   $970 plus 3.591% of excess\nover $60,000                             over $30,000\nOver $60,000 but not                   $2,047 plus 3.648% of excess\nover $125,000                          over $60,000\nOver $125,000 but not                  $4,418 plus 4.05% of excess\nover $500,000                            over $125,000\nOver $500,000                          $19,606 plus 4.45% of excess\n                                         over $500,000\n  (B) For taxable years beginning in two thousand four:\nIf the city taxable income is:         The tax is:\nNot over $14,400                       2.907% of the city taxable income\nOver $14,400 but not                   $419 plus 3.534% of excess\nover $30,000                             over $14,400\nOver $30,000 but not                   $970 plus 3.591% of excess\nover $60,000                             over $30,000\nOver $60,000 but not                   $2,047 plus 3.648% of excess\nover $125,000                            over $60,000\nOver $125,000 but not                  $4,418 plus 4.175% of excess\nover $500,000                            over $125,000\nOver $500,000                          $20,075 plus 4.45% of excess\n                                         over $500,000\n  (C) For taxable years beginning in two thousand three:\nIf the city taxable income is:         The tax is:\nNot over $14,400                       2.907% of the city taxable income\nOver $14,400 but not                   $419 plus 3.534% of excess\nover $30,000                             over $14,400\nOver $30,000 but not                   $970 plus 3.591% of excess\nover $60,000                             over $30,000\nOver $60,000 but not                   $2,047 plus 3.648% of excess\nover $125,000                            over $60,000\nOver $125,000 but not                  $4,418 plus 4.25% of excess\nover $500,000                           over $125,000\nOver $500,000                          $20,356 plus 4.45% of excess\n                                         over $500,000\n  (3) Resident unmarried individuals, resident married individuals\nfiling separate returns and resident estates and trusts. The tax under\nthis section for each taxable year on the city taxable income of every\ncity resident individual who is not a married individual who makes a\nsingle return jointly with his or her spouse under subsection (b) of\nsection thirteen hundred six of this article or a city resident head of\na household or a city resident surviving spouse, and on the city taxable\nincome of every city resident estate and trust shall be determined in\naccordance with the following tables:\n  (A) For taxable years beginning in two thousand five:\nIf the city taxable income is:         The tax is:\nNot over $12,000                       2.907% of the city taxable income\nOver $12,000 but not                   $349 plus 3.534% of excess\nover $25,000                             over $12,000\nOver $25,000 but not                   $808 plus 3.591% of excess\nover $50,000                             over $25,000\nOver $50,000 but not                   $1,706 plus 3.648% of excess\nover $100,000                            over $50,000\nOver $100,000 but not                  $3,530 plus 4.05% of excess\nover $500,000                            over $100,000\nOver $500,000                          $19,730 plus 4.45% of excess\n                                         over $500,000\n  (B) For taxable years beginning in two thousand four:\nIf the city taxable income is:         The tax is:\nNot over $12,000                       2.907% of the city taxable income\nOver $12,000 but not                   $349 plus 3.534% of excess\nover $25,000                             over $12,000\nOver $25,000 but not                   $808 plus 3.591% of excess\nover $50,000                             over $25,000\nOver $50,000 but not                   $1,706 plus 3.648% of excess\nover $100,000                            over $50,000\nOver $100,000 but not                  $3,530 plus 4.175% of excess\nover $500,000                            over $100,000\nOver $500,000                          $20,230 plus 4.45% of excess\n                                         over $500,000\n  (C) For taxable years beginning in two thousand three:\nIf the city taxable income is:         The tax is:\nNot over $12,000                       2.907% of the city taxable income\nOver $12,000 but not                   $349 plus 3.534% of excess\nover $25,000                             over $12,000\nOver $25,000 but not                   $808 plus 3.591% of excess\nover $50,000                             over $25,000\nOver $50,000 but not                   $1,706 plus 3.648% of excess\nover $100,000                            over $50,000\nOver $100,000 but not                  $3,530 plus 4.25% of excess\nover $500,000                            over $100,000\nOver $500,000                          $20,530 plus 4.45% of excess\n                                         over $500,000\n  (b) Tax table benefit recapture. For taxable years beginning after two\nthousand two and before two thousand six, there is hereby imposed a\nsupplemental tax in addition to the tax imposed under subsection (a) of\nthis section for the purpose of recapturing the benefit of the tax\ntables contained in such subsection.  The supplemental tax shall be an\namount equal to the sum of the tax table benefits in paragraphs one and\ntwo of this subsection multiplied by their respective fractions in such\nparagraphs provided, however, that paragraph one of this subsection\nshall not apply to taxpayers who are not subject to the second highest\nrate of tax.\n  (1) Resident married individuals filing joint returns, surviving\nspouses, resident heads of households, resident unmarried individuals,\nresident married individuals filing separate returns and resident\nestates and trusts. (A) The tax table benefit is the difference between\n(i) the amount of taxable income set forth in the tax table in\nsubsection (a) of this section not subject to the second highest rate of\ntax for the taxable year multiplied by such rate and (ii) the second\nhighest dollar denominated tax for such amount of taxable income set\nforth in the tax table applicable to the taxable year in subsection (a)\nof this section.\n  (B) The fraction is computed as follows: the numerator is the lesser\nof fifty thousand dollars or the excess of New York adjusted gross\nincome for the taxable year over one hundred fifty thousand dollars and\nthe denominator is fifty thousand dollars.\n  (C) This paragraph shall only apply to taxable years beginning after\ntwo thousand two and before two thousand six.\n  (2) Resident married individuals filing joint returns, surviving\nspouses, resident heads of households, resident unmarried individuals,\nresident married individuals filing separate returns and resident\nestates and trusts. (A) The tax table benefit is the difference between\n(i) the amount of taxable income set forth in the tax table in\nsubsection (a) of this section not subject to the highest rate of tax\nfor the taxable year multiplied by such rate and (ii) the highest dollar\ndenominated tax set forth in the tax table applicable to the taxable\nyear in subsection (a) of this section less the sum of the tax table\nbenefits in paragraph one of this subsection.\n  (B) For such taxpayers with adjusted gross income over five hundred\nthousand dollars, the fraction is one.  Provided, however, that the\ntotal tax prior to the application of any tax credits shall not exceed\nthe highest rate of tax set forth in the tax table in subsection (a) of\nthis section multiplied by the taxpayer's taxable income.\n  (C) This paragraph shall only apply to taxable years beginning after\ntwo thousand two and before two thousand six.\n