New York 2025-2026 Regular Session

New York Assembly Bill A03085

Introduced
1/23/25  
Refer
1/23/25  

Caption

Relates to the imposition of sales and compensating use taxes with respect to certain aircraft; repeals provisions relating to the exemption from sales and compensating use taxes of general aviation aircraft, and machinery or equipment to be installed on such aircraft.

Summary

Bill A03085 amends New York's tax law concerning the imposition of sales and compensating use taxes on certain aircraft. Specifically, it introduces taxation on noncommercial aircraft with a seating capacity of less than twenty passengers and a maximum capacity of less than six thousand pounds, as well as repealing previous exemptions for general aviation aircraft and related machinery or equipment. The bill also outlines the conditions under which tax is applied to leases and transfers of such aircraft, ensuring that tax obligations are met when the aircraft is brought into the state or used by residents.

Impact

The bill will significantly alter the tax landscape for noncommercial aircraft in New York by removing existing exemptions, thereby subjecting more transactions to sales and compensating use taxes. This change will affect individuals and businesses involved in the leasing and purchasing of smaller aircraft, potentially increasing their tax liabilities. The repeal of previous tax exemptions may also influence the aviation industry and related sectors, as the cost of ownership and operation may rise due to increased taxation.

Sentiment

The sentiment around Bill A03085 appears to be mixed, with some stakeholders expressing concern over the financial burden it may impose on aircraft owners and operators. Proponents argue that the bill is necessary for equitable taxation and to close loopholes that previously allowed certain aircraft transactions to escape taxation. However, there has been no recorded voting history or committee discussions available to gauge the overall legislative support or opposition more precisely.

Contention

Notable points of contention include the potential economic impact on the aviation industry and the fairness of imposing taxes on smaller aircraft, which some argue are already under financial strain. Opponents of the bill may include aircraft owners and operators who feel that the increased tax burden could discourage investment in aviation and negatively affect business operations. Proponents, likely including some lawmakers and tax equity advocates, argue that the bill is essential for ensuring that all aircraft transactions contribute fairly to state revenue.

Companion Bills

NY S03856

Same As Relates to the imposition of sales and compensating use taxes with respect to certain aircraft; repeals provisions relating to the exemption from sales and compensating use taxes of general aviation aircraft, and machinery or equipment to be installed on such aircraft.

NY S09911

Same As Relates to the imposition of sales and compensating use taxes with respect to certain aircraft; repeals provisions relating to the exemption from sales and compensating use taxes of general aviation aircraft, and machinery or equipment to be installed on such aircraft.

Previously Filed As

NY S09911

Relates to the imposition of sales and compensating use taxes with respect to certain aircraft; repeals provisions relating to the exemption from sales and compensating use taxes of general aviation aircraft, and machinery or equipment to be installed on such aircraft.

NY A01523

Relates to the imposition of sales and compensating use taxes with respect to certain aircraft; repeals provisions relating to the exemption from sales and compensating use taxes of general aviation aircraft, and machinery or equipment to be installed on such aircraft.

NY S02556

Relates to the imposition of sales and compensating use taxes with respect to certain aircraft; repeals provisions relating to the exemption from sales and compensating use taxes of general aviation aircraft, and machinery or equipment to be installed on such aircraft.

NY S03856

Relates to the imposition of sales and compensating use taxes with respect to certain aircraft; repeals provisions relating to the exemption from sales and compensating use taxes of general aviation aircraft, and machinery or equipment to be installed on such aircraft.

NY S2019

Provides sales tax exemption for maintaining, servicing, or repairing of aircraft and sales of machinery or equipment and replacement parts installed on aircraft within aviation district.

NY HB253

Taxation; certain aircraft and aircraft parts are exempt from sales, use, and lease taxes

NY SB175

Taxation; certain aircraft and aircraft parts are exempt from sales, use, and lease taxes

NY HB339

Taxation; certain aircraft and aircraft parts are exempt from sales, use, lease and ad valorem taxes

NY HB4119

Sales tax: exemptions; purchase of certain aircraft and aviation equipment; exempt. Amends sec. 4x of 1933 PA 167 (MCL 205.54x).

NY SB0152

Sales tax: exemptions; purchase of certain aircraft and aviation equipment; exempt. Amends sec. 4x of 1933 PA 167 (MCL 205.54x).

Similar Bills

No similar bills found.