New York 2025-2026 Regular Session

New York Assembly Bill A05778

Introduced
2/20/25  
Refer
2/20/25  

Caption

Exempts certain not-for-profit corporations from the real estate transfer tax if such conveyance is to a food relief organization for the purpose of providing food for free to persons experiencing food insecurity.

Summary

A05778 would amend New York’s tax law to allow towns, by local law, to create a real estate transfer tax exemption for conveyances to certain food relief organizations. The bill defines a food relief organization broadly to include religious organizations and other tax-exempt not-for-profit corporations that provide food for free to people experiencing food insecurity, such as food pantries, food banks, and soup kitchens. In practical terms, the measure is aimed at reducing transaction costs when property is transferred to organizations that serve as emergency food providers. It would apply only where a town chooses to adopt the exemption, so the bill does not mandate a statewide tax break but instead authorizes local governments to offer one for qualifying charitable conveyances.

Impact

The bill would amend section 1449-ee of the Tax Law to add a new local-option exemption from the real estate transfer tax for conveyances to food relief organizations. This would affect towns that choose to enact the exemption and the not-for-profit entities receiving property for food assistance purposes, potentially lowering acquisition costs for facilities used as food pantries, food banks, soup kitchens, or similar charitable operations. The bill takes effect immediately and is structured to remain tied to the underlying section’s repeal provisions.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a targeted charitable tax relief proposal with an overall supportive policy rationale. Its focus on food insecurity and free food distribution suggests a socially beneficial purpose that would likely draw favorable attention from anti-hunger advocates, faith-based charities, and nonprofit service providers. No formal opposition or recorded controversy is available in the provided materials.

Contention

The main policy issue is the bill’s local-option structure: towns may, but are not required to, create the exemption, which could lead to uneven treatment across jurisdictions. Another possible point of contention is the breadth of the definition of “food relief organization,” which includes religious organizations and other tax-exempt nonprofits, potentially raising questions about eligibility, administration, and whether the tax benefit should extend to faith-based entities. No specific objections, amendments, or recorded dissent are included in the available history.

Companion Bills

NY S00389

Same As Exempts certain not-for-profit corporations from the real estate transfer tax if such conveyance is to a food relief organization for the purpose of providing food for free to persons experiencing food insecurity.

Previously Filed As

NY A03072

Exempts certain not-for-profit corporations from the real estate transfer tax if such conveyance is to a food relief organization for the purpose of providing food for free to persons experiencing food insecurity.

NY S00389

Exempts certain not-for-profit corporations from the real estate transfer tax if such conveyance is to a food relief organization for the purpose of providing food for free to persons experiencing food insecurity.

NY A09329

Enacts the "New York state food rescue tax credit act" in relation to providing a tax credit for certain businesses that donate food to eligible nonprofit food assistance organizations.

NY S08878

Enacts the "New York state food rescue tax credit act" in relation to providing a tax credit for certain businesses that donate food to eligible nonprofit food assistance organizations.

NY HB248

Sales tax; revise exemption for sales of food to certain charitable organizations.

NY HB715

Sales tax; revise exemption for sales of food to certain charitable organizations.

NY HB229

Exempts certain foods and beverages from local sales tax (OR DECREASE LF RV See Note)

NY A10344

Extends certain provisions relating to supermarkets providing excess edible food to food relief organizations to 12/31/2031.

NY S09452

Extends certain provisions relating to supermarkets providing excess edible food to food relief organizations to 12/31/2031.

NY A09319

Exempts retail food stores from various state and local taxes provided such store derives at least seventy percent of its annual gross sales from staple foods and food products for off-premises consumption.

Similar Bills

No similar bills found.