N.Y.
Tax Law Section 1301
Authority to impose taxes
(a)
Notwithstanding any other provision of law to the contrary, any city in this state having a population of one million or more 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 seventy-five:(1)
a tax on the personal income of residents of such city, at the rates provided for under subsection (a) of § 1304 (Rate of tax)section thirteen hundred four of this article for taxable years beginning before two thousand twenty-seven, and at the rates provided for under subsection (b) of § 1304 (Rate of tax)section thirteen hundred four of this article for taxable years beginning after two thousand twenty-six, provided, however, that if, for any taxable year beginning after two thousand twenty-six, the rates set forth in such subsection (b) are rendered inapplicable and the rates set forth in such subsection (a) are rendered applicable, then the tax for such taxable year shall be at the rates provided under subparagraphs (A) of paragraphs one, two and three of such subsection (a), (2) for taxable years beginning after nineteen hundred seventy-six, a separate tax on the ordinary income portion of lump sum distributions of such residents, at the rates provided for herein, such taxes to be administered, collected and distributed by the commissioner as provided for in this article.(b)
All the provisions of the local laws imposing the taxes authorized by this article shall be identical to the corresponding provisions of article twenty-two of this chapter, except as to rate and except as otherwise provided in this article, so far as the provisions of such article twenty-two can be made applicable to the taxes authorized, with such limitations and modifications as may be necessary in order to adapt such language to the city income taxes authorized by this article.(d)
A local law enacted pursuant to the authority of this section or repealing or suspending such taxes shall go into effect on the first day of January, nineteen hundred seventy-six and shall apply to taxable years beginning on or after such date. No such local law shall be effective 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 at least fifteen days prior to the date it is to become effective. However, the commissioner may waive and reduce such fifteen-day minimum notice requirement to a mailing of such certified copy by registered or certified mail within such period as the commissioner deems such action to be consistent with the commissioner’s duties under this article. Any amendment to the provisions of article 22 (Personal Income Tax)article twenty-two of this chapter to the extent that such amendment is applicable to the taxes imposed under such local law, shall be deemed to have been incorporated in the analogous provision or provisions of such local law.(e)
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 prior to the effective date of such enactment.
Source:
Section 1301 — Authority to impose taxes, https://www.nysenate.gov/legislation/laws/TAX/1301 (updated Aug. 25, 2023; accessed Dec. 21, 2024).
