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The new state budget reduces New York's primary business-tax
rate and provides especially significant tax cuts for thousands
of manufacturing companies, while substantially reducing
new tax costs that had been proposed for banks.
The Article 9-A corporate tax rate imposed on more than
50,000 businesses drops from 7.5 percent to 7.1 percent,
effective this year. The primary tax rates on banks and
insurance companies are also reduced from 7.5 to 7.1 percent.
The general tax rate on an estimated 3,400 manufacturing
corporations drops further, from 7.5 to 6.5 percent, effective
for taxable years starting on or after January 31, 2007.
Hundreds of manufacturing, securities and other firms that
pay corporate tax under the state's alternative minimum
tax will see that rate drop by 40 percent, from 2.5 percent
of taxable income to 1.5 percent.
Many manufacturing and other companies with disproportionate
levels of payroll and capital investment in New York, relative
to their sales in the state, will also benefit from more
rapid implementation of the state's change to single-sales
factor apportionment. That change, enacted in 2005, was
to phase in over several years with full implementation
in 2008. Under the new budget, the move to single-sales
factor apportionment takes full effect this year.
The Legislature accepted Governor Spitzer's proposal to
require out-of-state companies that are related to New York
corporations to file combined tax returns if the related
companies have substantial intercorporate transactions.
The Business Council had urged rejection of that provision,
saying it would increase taxes on major employers and diminish
New York's competitive position as a headquarters state.
The new budget also raises taxes on larger banks with real-estate
investment trusts by phasing out, over four years, a deduction
for dividends from "captive" REITS. The enacted
provision is scaled back from the Executive Budget proposal,
which would have eliminated the REIT deduction immediately.
Community banks with assets of less than $8 billion will
maintain the deduction. The Legislature also approved Governor
Spitzer's proposal to add $75 million to the "covered
lives assessment" tax on health-insurance plans.
The enacted legislation also rejects several other tax
increases that were proposed in the Executive Budget and
opposed by The Business Council. One such proposal would
have decoupled New York from a federal tax incentive for
production-related capital investment by manufacturers and
certain other businesses. Another would have raised taxes
on banks, and discouraged banking employment in the state,
by eliminating preferential treatment under the Bank Tax
for payroll expenses.
Overall, the business-tax increases included in the budget
will raise state revenues by an estimated $450 million,
according to the state Budget Division. The Budget Division
estimates the value of enacted tax reductions at $150 million.
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