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MTA Payroll Tax Ruled Unconstitutional

The tax imposed in 2009 was never passed legally, according to a State Supreme Court judge.

In a move that will likely come as a relief to many local small business owners — and school districts and municipalities, among others — a judge ruled New York State's MTA Payroll Tax unconstitutional on Wednesday.

According to Reuters, a State Supreme Court judge in Nassau County said in his ruling that because the law applies to only 12 counties in the state — and neither home rule messages nor two-thirds votes in the State Legislature were obtained — the legislation was passed illegally.

The MTA reportedly plans on appealing the ruling.

The ruling will reportedly put the MTA out about $1.5 billion per year, while that cash will remain in the pockets of businesses, municipalities, and taxing districts, many of which called the tax unnecessary. 

“Today is a big victory for Long Island taxpayers,” State Sen. Lee Zeldin, R-Shirley, said Wednesday. “The MTA Payroll Tax was not only unconstitutional but also a great burden on the economy of Long Island and suburbs north of New York City. We must support our nation’s largest mass transit system, but we can’t be reckless with how we go about that important mission.

When adopted in 2009, the tax imposed a 34-cent tax for every $100 of payroll.

After considerable outrage throughout the first couple of years of the tax, the MTA rolled it back at the end of 2011, eliminating it entirely for businesses with an annual payroll under $1.25 million. The , though the measure never got the required support from the Assembly.

Click here to read the Reuters story.

Rita August 23, 2012 at 11:03 PM
I hope all the tax monies illegally collected will be refunded to Long Island, enough with the corruption already...geez.

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