New York 2025-2026 Regular Session

New York Senate Bill S00165

Introduced
1/8/25  
Refer
1/8/25  

Caption

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

Summary

Bill S00165, known as the 'Billionaire Mark-to-Market Tax Act,' proposes a new taxation framework for resident individual taxpayers 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. This deemed realization of gains would be included in their taxable income for the 2025 tax year, with provisions for installment payments and adjustments for prior taxes paid in other jurisdictions.

Impact

The bill significantly alters the taxation landscape for ultra-wealthy individuals in New York by implementing a mark-to-market tax system. This could lead to increased tax revenues for the state, as it captures unrealized gains of billionaires, which were previously untaxed until actual sales occurred. The legislation aims to address wealth inequality by ensuring that the wealthiest residents contribute more to state revenues, potentially affecting state funding for public services and programs.

Sentiment

The sentiment surrounding Bill S00165 appears to be mixed, with strong support from progressive lawmakers advocating for wealth redistribution and increased taxation on the ultra-rich. However, there are concerns from some stakeholders about the feasibility and implications of taxing unrealized gains, including potential capital flight and its impact on the state's economy.

Contention

Notable points of contention include the practicality of implementing a mark-to-market tax and the potential for billionaires to relocate to states with more favorable tax regimes. Critics argue that this could discourage investment and economic activity in New York. Supporters counter that the tax is a necessary step towards addressing systemic inequality and ensuring that the wealthiest contribute their fair share to society.

Companion Bills

NY A03632

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 A03632

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 SB2763

Keep Billionaires Out of Social Security Act

NY SB6346

Establishing a tax on millionaires.

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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