New York 2025-2026 Regular Session

New York Senate Bill S05431

Introduced
2/21/25  
Refer
2/21/25  

Caption

Reinstates a bank tax based on the highest of four bases: a tax on allocated entire net income, a tax on allocated alternative entire net income, a tax on allocated taxable assets, or a fixed dollar minimum tax; prohibits banks from segregating their income and capital into business and investment varieties.

Summary

Bill S05431 proposes to amend the New York tax law by reinstating a franchise tax on banking corporations. This tax will be based on the highest of four calculations: allocated entire net income, allocated alternative entire net income, allocated taxable assets, or a fixed dollar minimum tax. Additionally, the bill prohibits banks from segregating their income and capital into business and investment categories, thereby ensuring that all income is subject to the same tax treatment. The bill aims to create a more equitable tax structure for banking corporations operating within the state.

Impact

If enacted, this bill will significantly alter the tax obligations of banking corporations in New York. It will eliminate the ability for banks to classify their income and capital differently based on business or investment activities, leading to a more uniform tax base. This change may increase tax revenue from banks, as they will no longer be able to minimize their tax liabilities through segregation. The bill's provisions will apply to taxable years starting January 1, 2026, affecting all banking corporations operating in New York.

Sentiment

The sentiment surrounding Bill S05431 appears to be mixed based on the discussions and the lack of voting history. Supporters argue that the bill will create a fairer tax system for banks, while opponents may express concerns about the potential financial impact on banks and their operations. The absence of recorded votes suggests that the bill is still under consideration or may face challenges in garnering sufficient support.

Contention

Key points of contention include the implications of prohibiting banks from segregating their income and capital, which some stakeholders may view as a limitation on financial flexibility. Additionally, there may be concerns regarding the overall tax burden on banks and how this could affect their operations and competitiveness. Stakeholders from the banking sector may hold differing views on the potential impacts of the proposed tax structure.

Companion Bills

NY A07636

Same As Reinstates a bank tax based on the highest of four bases: a tax on allocated entire net income, a tax on allocated alternative entire net income, a tax on allocated taxable assets, or a fixed dollar minimum tax; prohibits banks from segregating their income and capital into business and investment varieties.

Previously Filed As

NY A02195

Reinstates a bank tax based on the highest of four bases: a tax on allocated entire net income, a tax on allocated alternative entire net income, a tax on allocated taxable assets, or a fixed dollar minimum tax; prohibits banks from segregating their income and capital into business and investment varieties.

NY S03440

Reinstates a bank tax based on the highest of four bases: a tax on allocated entire net income, a tax on allocated alternative entire net income, a tax on allocated taxable assets, or a fixed dollar minimum tax; prohibits banks from segregating their income and capital into business and investment varieties.

NY A07636

Reinstates a bank tax based on the highest of four bases: a tax on allocated entire net income, a tax on allocated alternative entire net income, a tax on allocated taxable assets, or a fixed dollar minimum tax; prohibits banks from segregating their income and capital into business and investment varieties.

NY S2715

Imposes 10 percent electric public utility windfall surtax on taxpayers with allocated taxable net income in excess of $10 million under CBT.

NY A4698

Imposes 10 percent electric public utility windfall surtax on taxpayers with allocated taxable net income in excess of $10 million under CBT.

NY S2719

Imposes 30 percent electric public utility windfall surtax on certain taxpayers with allocated taxable net income in excess of 20 percent above five-year average income under CBT.

NY A1335

Imposes 30 percent electric public utility windfall surtax on certain taxpayers with allocated taxable net income in excess of 20 percent above five-year average income under CBT.

NY HB3603

Revenue and taxation; income tax; taxable income; business entities; computation; effective date.

NY HB2850

Corporate tax; business income; allocation

NY HB2491

business income; corporate tax; allocation

Similar Bills

No similar bills found.