Sec. 106.4. Real property tax circuit breaker credit

Tax Law, § 606(e)

(a) Determination of adjusted rent.

For purposes of section 606(e)(1)(G) of the Tax Law (relating the definition of adjusted rent for purposes of the real property tax circuit breaker credit), where a household (see section 606[e][1] [B] of the Tax Law) rents and occupies more than one residence during the taxable year (provided that the qualified taxpayer (see section 606[e][1][A] of the Tax Law) occupies one of such residences for six months or more during the taxable year), the adjusted rent for the taxable year is the aggregate of the adjusted rent determined separately for each such residence.

(b) Division of the real property tax circuit breaker credit among two or more qualified household members.

(1) For purposes of section 606(e)(6) of the Tax Law, except as otherwise provided in paragraph (2) of this subdivision, where two or more members of a household are able to meet the qualifications for a qualified taxpayer (including a husband and wife who file separate New York State resident personal income tax returns), the one real property tax circuit breaker credit allowable for the taxable year must be divided between or among such individuals on the separate claim form filed by each of such individuals in accordance with the provisions of subdivision (d) of this section. Where a division other than an equal division of the real property tax circuit breaker credit is agreed upon by each of the qualified taxpayers in a household, a copy of the written agreement provided for by section 606(d)(6) of the Tax Law must be filed by each qualified taxpayer with his or her separate claim form (see subdivision [d] of this section). This written agreement must be signed by each of the qualified taxpayers in the household. Such agreement may be signed on behalf of a qualified taxpayer by such qualified taxpayer's legal guardian or attorney in fact (see paragraph [c][2] of this section).

(2) Where a husband and wife file a joint New York State resident personal income tax return in accordance with the provisions of section 651 of the Tax Law, and at least one of the spouses is a qualified taxpayer, the real property tax circuit breaker credit (or portion thereof, if divided among other qualified taxpayers in the household) allowable to the husband and wife is not required to be divided. The husband and wife may claim the real property tax circuit breaker credit, or portion thereof, to which they are entitled by filing one claim form (see subdivision [d] of this section).

(c) Right to claim a real property tax circuit breaker credit.

(1) Decedents.

(i) For purposes of section 606(e)(8) of the Tax Law, the right to file a claim for real property tax circuit breaker credit, or a portion of the credit where such credit is divided in accordance with section 606(e)(6) of the Tax Law, is personal to the qualified taxpayer and does not survive such qualified taxpayer's death. A claim for the real property tax circuit breaker credit (or portion thereof, if divided) under section 606(e) of the Tax Law cannot be filed on behalf of a deceased individual. Any claim for real property tax circuit breaker credit (or portion thereof, if divided) filed on behalf of a decedent after the decedent's death will not be allowed.

(ii) Where a qualified taxpayer timely filed a claim for real property tax circuit breaker credit (or portion thereof, if divided) and subsequently died, the real property tax circuit breaker credit (or portion thereof, if divided) allowable must be applied in accordance with the provisions of section 606(e)(6) of the Tax Law and any excess of the real property tax circuit breaker credit (or portion thereof, if divided) may be paid as an overpayment without interest.

(2) Other qualified taxpayers. The right to file a claim for real property tax circuit breaker credit, or a portion of the credit where such credit is divided in accordance with section 606(e)(6) of the Tax Law, may be exercised by a qualified taxpayer or on behalf of a qualified taxpayer (during the qualified taxpayer's lifetime) by a legal guardian or attorney in fact of the qualified taxpayer. Where a legal guardian or attorney in fact exercises such right on behalf of a qualified taxpayer, such representative of the qualified taxpayers must sign and file a completed form IT-214 on behalf of the qualified taxpayer and indicate thereon the capacity in which such representative acts for the qualified taxpayer.

(d) Claim for credit.

(1) For purposes of section 606(e)(9) of the Tax Law, in order to claim a real property tax circuit breaker credit, a qualified taxpayer must file a completed “New York State Claim for Real Property Tax Credit for Homeowners and Renters” (form IT-214) within the period of time specified in section 606(e)(9) of the Tax Law. Where the real property tax circuit breaker credit is required to be divided between or among two or more qualified taxpayers in a household (see section 606[e][6] of the Tax Law), each of such qualified taxpayers (except as otherwise provided in paragraph [b] [2] of this section) must file a separate “New York State Claim for Real Property Tax Credit for Homeowners and Renters” (form IT-214) for each such taxpayer's portion of such credit. The “New York State Claim for Real Property Tax Credit for Homeowners and Renters” (form IT-214) may be signed and filed on behalf of a qualified taxpayer by such qualified taxpayer's legal guardian or attorney in fact (see paragraph [c][2] of this section).

(2) Where the qualified taxpayer is required or chooses to file a New York State resident personal income tax return in accordance with provisions of section 651 of the Tax Law (or if the qualified taxpayer files an amended New York State resident personal income tax return), the completed form IT-214 must be filed with such return or amended return.

(3) Where the qualified taxpayer is not required to file a New York State resident personal income tax return in accordance with the provisions of section 651 of the Tax Law, the completed form IT-214 must be mailed or delivered to the address stated in the form or instructions within the time specified in section 606(e)(9) of the Tax Law.