New York 2025-2026 Regular Session

New York Assembly Bill A03246

Introduced
1/27/25  
Refer
1/27/25  

Caption

Relates to treatment of gains from qualified opportunity zones in calculating taxable income; removes exclusion of gains on property in qualified opportunity zones in calculation of income.

Summary

Bill A03246 amends the tax law and the administrative code of New York City to change the treatment of gains from qualified opportunity zones when calculating taxable income. Specifically, it removes the exclusion of gains from federal gross income for properties in these zones, effective for tax years beginning on or after January 1, 2026. This means that taxpayers will no longer be able to exclude these gains from their taxable income, which could lead to increased tax liabilities for individuals and businesses involved in transactions related to qualified opportunity zones.

Impact

The bill's passage will significantly alter the tax landscape for individuals and businesses that have invested in qualified opportunity zones. By eliminating the exclusion of gains from federal gross income, it effectively increases the taxable income for these taxpayers, potentially leading to higher state and city tax revenues. This change may affect investment decisions in these zones, as the financial incentives previously offered through tax exclusions will no longer apply.

Sentiment

The sentiment surrounding Bill A03246 appears to be mixed, with some stakeholders expressing concern over the potential negative impact on investment in qualified opportunity zones. Supporters argue that the bill aligns state tax policy with federal guidelines, while opponents fear it may deter future investments in economically disadvantaged areas that the opportunity zones were designed to benefit.

Contention

Key points of contention include the potential economic impact on investment in qualified opportunity zones and the fairness of taxing gains that were previously excluded. Proponents of the bill, including some lawmakers, argue that it will create a more equitable tax system, while opponents, particularly from the investment community, contend that it may dissuade future investments in these areas, undermining the original intent of the opportunity zone program.

Companion Bills

NY S03340

Same As Relates to treatment of gains from qualified opportunity zones in calculating taxable income; removes exclusion of gains on property in qualified opportunity zones in calculation of income.

Previously Filed As

NY S00543

Relates to treatment of gains from qualified opportunity zones in calculating taxable income; removes exclusion of gains on property in qualified opportunity zones in calculation of income.

NY A02170

Relates to treatment of gains from qualified opportunity zones in calculating taxable income; removes exclusion of gains on property in qualified opportunity zones in calculation of income.

NY S03340

Relates to treatment of gains from qualified opportunity zones in calculating taxable income; removes exclusion of gains on property in qualified opportunity zones in calculation of income.

NY HB4784

Extending the Qualified Opportunity Zones until July 1, 2032.

NY SB299

Income tax; modifying certain apportionment factor for calculation of Oklahoma taxable income. Effective date.

NY SB299

Income tax; modifying certain apportionment factor for calculation of Oklahoma taxable income. Effective date.

NY HB3621

INC TX-OPPORTUNITY ZONES

NY HB1996

Mississippi Qualified Opportunity Zone Investment Incentive Program; establish.

NY HB1080

Income Tax - Addition Modifications - Excluded Opportunity Fund Gains, Foreign-Derived Deduction Eligible Income, and Interest

NY HB3376

Modifies provisions relating to the calculation of income tax, repealing income tax subtractions for certain capital gains

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