S 5870: Removes the state sales tax on wireless telephone services; provides for a local option of imposing such taxes.

  
  STATE OF NEW YORK ________________________________________________________________________ 5870 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law, in relation to taxpayer relief on cell phone taxes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1109 of the tax law is amended by adding a new 2 subdivision (i) to read as follows: 3 (i) The exemption contained in subdivision (cc) of section eleven 4 hundred fifteen of this article shall not apply. 5 § 2. Subdivision (cc) of section 1115 of the tax law, as added by 6 section 11 of part S of chapter 85 of the laws of 2002, is amended to 7 read as follows: 8 (cc) Notwithstanding any other provision of law to the contrary, 9 receipts from the sale of mobile telecommunications service [by a home 10 service provider] shall be exempt from the taxes imposed by subparagraph 11 (B) of paragraph one and paragraph two of subdivision (b) of section 12 eleven hundred five of this article [if the mobile telecommunications 13 customer's place of primary use is within a taxing jurisdiction outside 14 this state]. 15 § 3. Subparagraph (ii) of paragraph 1 of subdivision (a) of section 16 1210 of the tax law, as amended by section 5 of part J of chapter 59 of 17 the laws of 2021, is amended to read as follows: 18 (ii) Any local law, ordinance or resolution enacted by any city, coun- 19 ty or school district, imposing the taxes authorized by this subdivi- 20 sion, shall omit the residential solar energy systems equipment and 21 electricity exemption provided for in subdivision (ee), the commercial 22 solar energy systems equipment and electricity exemption provided for in 23 subdivision (ii), the commercial fuel cell electricity generating 24 systems equipment and electricity generated by such equipment exemption 25 provided for in subdivision (kk) and the clothing and footwear exemption EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10510-01-5 
 S. 5870 2 1 provided for in paragraph thirty of subdivision (a) and the mobile tele- 2 communications service exemption provided for in subdivision (cc) of 3 section eleven hundred fifteen of this chapter, unless such city, county 4 or school district elects otherwise as to such residential solar energy 5 systems equipment and electricity exemption, such commercial solar ener- 6 gy systems equipment and electricity exemption, commercial fuel cell 7 electricity generating systems equipment and electricity generated by 8 such equipment exemption or such clothing and footwear exemption or such 9 telecommunication service exemption. 10 § 4. Section 1210 of the tax law is amended by adding a new subdivi- 11 sion (p) to read as follows: 12 (p) Notwithstanding any other provision of state or local law, ordi- 13 nance or resolution to the contrary: 14 (1) Any city, county or school district, acting through its governing 15 body, is hereby authorized and empowered to elect to provide the same 16 exemptions from such taxes as the mobile telecommunications service 17 exemption from state sales and compensating use taxes described in 18 subdivision (cc) of section eleven hundred fifteen of this chapter by 19 enacting a resolution in the form set forth in paragraph two of this 20 subdivision; any city having a population of one million or more where- 21 upon, upon compliance with the provisions of subdivisions (d) and (e) of 22 this section, such enactment of such resolution shall be deemed to be an 23 amendment to section eleven hundred seven and such section eleven 24 hundred seven shall be deemed to incorporate such exemptions as if they 25 had been duly enacted by the state legislature and approved by the 26 governor. 27 (2) Form of Resolution: Be it enacted by the (insert proper title of 28 local legislative body) as follows: 29 Section one. Receipts from sales of and consideration given or 30 contracted to be given for, or for the use of, mobile telecommunications 31 service exempt from state sales and compensating use taxes pursuant to 32 subdivision (cc) of section 1115 of the tax law shall also be exempt 33 from sales and compensating use taxes imposed in this jurisdiction. 34 Section two. This resolution shall take effect March 1, (insert the 35 year, but not earlier than the year 2026) and shall apply to sales made, 36 services rendered and uses occurring on and after that date in accord- 37 ance with the applicable transitional provisions in sections 1106, 1216 38 and 1217 of the tax law. 39 § 5. This act shall take effect immediately; provided, however, that 40 sections one and two of this act shall take effect March 1, 2026.