New York 2025-2026 Regular Session

New York Assembly Bill A03632

Introduced
1/29/25  
Refer
1/29/25  

Caption

Establishes a billionaire mark-to-market tax taxing residents with one billion dollars or more in net assets.

Summary

Bill A03632, known as the 'Billionaire Mark-to-Market Tax Act', proposes a new taxation framework for resident individuals in New York with net assets exceeding one billion dollars. Under this act, these individuals would be required to recognize gains or losses on their assets as if they were sold at fair market value at the end of the tax year, specifically December 31, 2024, for the 2025 tax year. The bill outlines provisions for how these gains will be reported and taxed, including options for payment in installments and adjustments for prior taxes paid in other jurisdictions. The legislation aims to address wealth inequality by ensuring that billionaires contribute a fair share of taxes based on their asset values, which are often not realized until sold. The tax would be phased in, allowing for a cap on the amount of recognized gains that would be taxable in any given year. The bill also includes specific definitions of assets and liabilities, ensuring clarity on what constitutes net worth for the purposes of this tax. This bill is expected to have a significant impact on state tax law, particularly in how high-net-worth individuals are taxed. It introduces a novel approach to taxation that could set a precedent for other states considering similar measures. The implementation of this tax could lead to increased revenue for the state, potentially funding public services and addressing budgetary needs. The sentiment surrounding the bill appears to be mixed, with supporters arguing that it is a necessary step towards economic equity, while opponents express concerns about its potential to drive wealthy individuals out of the state or discourage investment. The discussions have highlighted the challenges of implementing such a tax, including the complexities of asset valuation and the administrative burden it may impose on the tax system.

Impact

The introduction of the billionaire mark-to-market tax will amend existing tax laws in New York, specifically targeting high-net-worth individuals. This tax could lead to a significant increase in state revenue, which may be allocated towards public services and infrastructure. Additionally, it may influence the behavior of wealthy individuals regarding residency and investment in New York, as they may seek to avoid the tax implications associated with their net worth. The bill sets a precedent for other states to consider similar wealth taxes, potentially reshaping the landscape of state taxation.

Sentiment

The general sentiment around Bill A03632 is divided. Proponents argue that it is a fair approach to taxation that addresses wealth inequality and ensures that billionaires contribute their fair share to the state's economy. Critics, however, raise concerns about the feasibility of the tax, the potential for wealthy individuals to relocate to more tax-friendly states, and the complexities involved in asset valuation. The discussions reflect a broader debate about wealth distribution and taxation in the United States.

Contention

Notable points of contention include the potential economic impact of the tax on high-net-worth individuals and the state's overall economy. Supporters argue that the tax is necessary for equity, while opponents fear it may drive wealthy residents out of New York. Additionally, there are concerns about the administrative challenges of implementing a mark-to-market tax, particularly regarding asset valuation and compliance. These differing viewpoints highlight the complexities of tax policy and its implications for both individuals and the state.

Companion Bills

NY S00165

Same As Establishes a billionaire mark-to-market tax taxing residents with one billion dollars or more in net assets.

Previously Filed As

NY S01570

Establishes a billionaire mark-to-market tax taxing residents with one billion dollars or more in net assets.

NY A03252

Establishes a billionaire mark-to-market tax taxing residents with one billion dollars or more in net assets.

NY S00165

Establishes a billionaire mark-to-market tax taxing residents with one billion dollars or more in net assets.

NY HB5427

Billionaires Income Tax Act

NY SB2845

Billionaires Income Tax Act

NY HB4366

BILLIONAIRE HEDGE FUND FEE ACT

NY SB6346

Establishing a tax on millionaires.

NY SB2763

Keep Billionaires Out of Social Security Act

NY H5752

Imposes a property tax on non-owner occupied residential properties assessed worth at one million dollars ($1,000,000) and less than two million dollars ($2,000,000) and a higher tax on properties assessed at two million dollars ($2,000,000) or more.

NY HB2724

Establishing a tax on millionaires.

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