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From the Office of Assemblymember Amy Paulin: Bill to Prevent a Tax Hike on Nonprofits Passes State Legislature PDF Print Email


By Tim Foley, Communications Director, Office of Amy Paulin, Assemblymember, District 88, New York State Assembly

Editor's note
:  Assemblymember Amy Paulin represents the 88th New York State Assembly District, which includes Scarsdale, Eastchester, Tuckahoe, Bronxville, Pelham, Pelham Manor, and parts of New Rochelle and White Plains.

Jul. 18, 2018:   Assemblymember Amy Paulin (D-Scarsdale) announced the passage of her bill (A. 11051 / S. 8831) in late June to prevent a new state tax for unrelated business taxable income on not-for-profit companies, which was inadvertently created by recent changes made in the Federal Internal Revenue Code. Since it had previously passed the Assembly, it will now proceed to Governor Andrew Cuomo for his signature or veto.

“Not-for-profit companies perform critical, mission-driven work throughout our state, and these employers often rely on commuter benefits to help recruit the best employees,” said Assemblymember Paulin.  "New York State did not intend this tax hike, nor did we count the potential new income in our FY 2018-2019 budget.

If we do not act to prevent it, too many not-for-profit companies will have fewer funds to serve New Yorkers, many will have a harder time making ends meet, and some will undoubtedly be forced to close."

When Congress passed and the president signed the federal tax cut bill at the end of 2017, there were a number of changes affecting not-for-profit businesses.  Beginning in 2018, the federal tax code changed the treatment of the amount paid or incurred by non-profits for commuter benefits for their employees, including mass transit, commuter costs, and parking fees.

Such costs are now subject to the unrelated business taxable income (UBIT) assessment. Since state tax law is tethered to federal tax law on UBIT, this would have amounted to an unintentional 9% state tax on these benefits as well, potentially diverting millions of dollars from non-profit companies.

Assemblymember Paulin’s bill separates federal tax law from state tax law on the specific category of the money paid for these employee commuter benefits.

Throughout the legislative session, Assemblymember Paulin championed a number of additional policies to ameliorate the more punitive effects of the federal tax bill, especially the new cap on the deduction for state and local taxes, including both income and local property taxes, of $10,000.

This has a disproportionate impact in Westchester County, which has the highest property taxes in the nation.

Most of the Assemblymember’s proposals, including the decoupling of itemization and allowing counties, municipalities, and school districts to establish charitable funds, were passed as part of the FY 2018-2019 budget. This standalone bill was the final piece of Paulin’s tax reform agenda for the year.

“Particularly for workers in the Greater New York City area, benefits from your employer to defray the cost of public transportation or other commuter costs are essential,” said Assemblymember Paulin.  “Preventing this unintended tax is the right thing to do for employees, for non-profit employers, and for the New Yorkers who rely on the vital work done by our not-for-profit sector.”

Pictured here:  Amy Paulin, Assemblymember, District 88, New York State Assembly.

Photo courtesy Office of Assemblymember Amy Paulin 

Editor's note: As a public service, MyhometownBronxville publishes articles from local institutions, officeholders, and individuals. MyhometownBronxville does not fact-check statements therein, and any opinions expressed therein do not necessarily reflect the thinking of its staff.


From the Mayor: Bronxville's Many Green Efforts of the Last Decade; Mary Liz Mulligan, Chair of Green Committee, Passes the Reins

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By Mary C. Marvin, Mayor of Bronxville Jun. 26, 2019:  Mary Liz Mulligan has stepped down after ten years of exemplary leadership and tireless effort as chair of our...

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Bronxville Overview

Bronxville is a quaint village (one square mile) located just 16 miles north of midtown Manhattan (roughly 30 minutes on the train) and has a population of approximately 6,500. It is known as a premier community with an excellent public school (K-12) and easy access to Manhattan. Bronxville offers many amenities including an attractive business district, a hospital (Lawrence Hospital), public paddle and tennis courts, fine dining at local restaurants, two private country clubs and a community library.

While the earliest settlers of Bronxville date back to the first half of the 18th century, the history of the modern suburb of Bronxville began in 1890 when William Van Duzer Lawrence purchased a farm and commissioned the architect, William A. Bates, to design a planned community of houses for well-known artists and professionals that became a thriving art colony. This community, now called Lawrence Park, is listed on the National register of Historic Places and many of the homes still have artists’ studios. A neighborhood association within Lawrence Park called “The Hilltop Association” keeps this heritage alive with art shows and other events for neighbors.

Bronxville offers many charming neighborhoods as well as a variety of living options for residents including single family homes, town houses, cooperatives and condominiums. One of the chief benefits of living in “the village” is that your children can attend the Bronxville School.

The Bronxville postal zone (10708, known as “Bronxville PO”) includes the village of Bronxville as well as the Chester Heights section of Eastchester, parts of Tuckahoe and the Lawrence Park West, Cedar Knolls, Armour Villa and Longvale sections of Yonkers. Many of these areas have their own distinct character. For instance, the Armour Villa section has many historic homes and even has its own newsletter called “The Villa Voice” which reports on neighborhood news.

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