New York 2025-2026 Regular Session

New York Senate Bill S03623

Introduced
1/29/25  
Refer
1/29/25  

Caption

Authorizes the city of New York to impose a personal income surcharge on high income residents to fund transit improvements.

Summary

This bill authorizes New York City to impose a new personal income tax surcharge on certain high-income city residents, estates, and trusts for taxable years beginning after 2024. The surcharge rate is 0.534% on income above specified thresholds: over $1 million for joint filers and surviving spouses, over $750,000 for heads of household, and over $500,000 for single filers, separate filers, estates, and trusts. The bill also directs that the surcharge be collected through existing city and state tax administration systems and integrated into the city’s existing tax credit and withholding framework. The revenue raised would be dedicated exclusively to transit infrastructure improvements. The bill creates a separate New York City dedicated personal income tax surcharge fund within the Metropolitan Transportation Authority structure and requires the money to be used for capital projects tied to state of good repair, normal replacement, and ADA-related system improvements. Eligible projects include subway cars, buses, track, signals, power systems, stations, depots, and related MTA and Staten Island transit assets. The bill also allows the fund to be pledged as security for certain bonds issued after July 1, 2025, and sets out payment priorities for how surcharge revenues flow through the New York City Transitional Finance Authority and then to the MTA. The bill would amend the Public Authorities Law, the Tax Law, and the New York City Administrative Code. It adds new provisions authorizing the surcharge, establishing the dedicated fund, and requiring that the surcharge revenues supplement rather than replace existing federal, state, or local transit funding. It also updates existing tax credit and revenue distribution provisions so the new surcharge is incorporated into the city’s personal income tax structure and the MTA’s revenue allocation rules. The overall sentiment reflected in the bill materials is policy-supportive toward transit investment, with the measure framed as a dedicated funding source for infrastructure needs rather than a general tax increase. Because there are no committee transcripts or recorded votes provided, there is no documented public debate or formal vote history in the supplied materials. The bill’s structure suggests an emphasis on protecting bondholders and ensuring a stable revenue stream for capital planning. The main point of potential contention is the creation of a new tax burden on high-income city residents and the use of a surcharge to finance transit. Likely areas of debate include whether the thresholds and rate are appropriate, whether the surcharge could affect taxpayer behavior or city competitiveness, and whether dedicating the revenue to the MTA is the best way to address transit funding needs. Another possible issue is the interaction with existing city and state tax flows, including the extent to which the surcharge should supplement versus replace other funding sources.

Impact

The bill would amend the Public Authorities Law, Tax Law, and New York City Administrative Code to authorize a new New York City personal income tax surcharge and to dedicate the resulting revenue to transit capital purposes. It would create a segregated fund for surcharge receipts, direct those funds to the MTA for specified infrastructure improvements, and revise existing tax distribution and credit provisions so the surcharge is administered through current tax systems. The measure would primarily affect high-income New York City resident individuals, estates, and trusts, as well as the MTA, the New York City Transitional Finance Authority, and city tax administrators.

Sentiment

The bill appears to be generally supportive of transit investment and framed as a targeted financing mechanism for infrastructure repair and modernization. No committee transcript or vote data were provided, so there is no recorded legislative debate or formal vote sentiment in the supplied materials. Based on the text alone, the proposal is presented as a dedicated funding solution rather than a broad tax policy change.

Contention

The likely controversy centers on the new surcharge on high-income residents and whether it is an appropriate way to fund transit infrastructure. Critics may object to the added tax burden, the income thresholds, or the possibility that the surcharge could affect residency or economic activity in the city. Supporters are likely to emphasize the dedicated nature of the revenue, the focus on state-of-good-repair and ADA-related projects, and the bill’s requirement that the funds supplement rather than supplant existing transit funding. There is also a technical policy issue around revenue pledges and bond security, which may matter to fiscal stakeholders and bondholders.

Companion Bills

No companion bills found.

Previously Filed As

NY S00602

Authorizes the city of New York to impose a personal income surcharge on high income residents to fund transit improvements.

NY A08953

Enacts the "fair share act"; authorizes cities imposing city personal income taxes to adopt and amend local laws imposing an additional tax of two percent on the annual city taxable income of city residents, estates and trusts reporting any return in excess of one million dollars.

NY S08577

Enacts the "fair share act"; authorizes cities imposing city personal income taxes to adopt and amend local laws imposing an additional tax of two percent on the annual city taxable income of city residents, estates and trusts reporting any return in excess of one million dollars.

NY A11535

Relates to personal income taxes in the city of New York

NY S10055

Prohibits certain surcharges on certain credit or debit card transactions in the city of New York; provides that no agency or department of the city of New York, or any tribunal located therein, shall be authorized to impose a surcharge on a holder who elects to use a credit or debit card in lieu of payment by cash, check, or similar means to pay any fine, civil penalty, or fee owed.

NJ S3095

Prohibits residential landlord from imposing certain surcharges for rent payments.

NJ A2627

Prohibits residential landlord from imposing certain surcharges for rent payments.

NJ S4111

Imposes temporary surcharges on certain transactions to support preparations for hosting of special events.

NJ A4838

Imposes temporary surcharges on certain transactions to support preparations for hosting of special events.

NY S00436

Extends the expiration date of the personal income tax surcharge imposed by the city of Yonkers.

Similar Bills

No similar bills found.