L.L. 2002/017
Enactment date: 7/10/2002
Int. No. 220-A
By Council Members Weprin, Diaz and Jennings (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to disallowing, for purposes of the city general corporation tax, banking corporation tax and unincorporated business income tax, certain additional accelerated depreciation deductions with respect to certain property acquired after September 10, 2001, allowed by the amendments to the internal revenue code made by section 101 of public law 107-147.
Be it enacted by the Council as follows:
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[Consolidated provisions are not included in this Appendix A]
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§ 10. If any provisions of sections one through nine of this local law is adjudged by any court of competent jurisdiction to be invalid or unconstitutional, for taxable years ending after September 10, 2001, for purposes of the general corporation tax, banking corporation tax and unincorporated business tax, the depreciation deduction allowable for qualified property described in paragraph 2 of subsection k of section 168 of the internal revenue code, for qualified New York Liberty Zone property described in paragraph 2 of subsection b of section 1400L of the internal revenue code and for qualified New York Liberty Zone leasehold improvement property described in subsection c of such section, shall be limited to the depreciation deduction allowable under section 167 of the internal revenue code as such section would have applied to such property had it been acquired by the taxpayer on September 10, 2001, and the expense deduction allowable under section 179 of the internal revenue code with respect to such property shall be limited to the deduction allowable under such section as it would have applied to such property had it been acquired by the taxpayer on September 10, 2001, and, for purposes of such taxes, any gain or loss upon the disposition of such property shall be adjusted to reflect such modifications to the allowable depreciation and expense deductions with respect thereto.
§ 11. This local law shall take effect immediately and shall apply to taxable years ending after September 10, 2001.
§ 12. Notwithstanding the provisions of section eleven of this local law, if New York Assembly Bill No. 11817 has not become a law prior to the time that this local law is enacted, then this local law shall take effect immediately upon the enactment into law of such bill and shall then apply as provided in section eleven of this local law.