Bill > A01434

This bill creates a new monthly excise tax on commercial data collectors who gather consumer data from more than one million individual New York consumers in a calendar month. The tax is structured with an escalating rate based on the number of New York consumers' data collected, starting with no tax for less than one million consumers and increasing incrementally up to fifty cents per consumer for data collections over ten million. A "commercial data collector" is defined as a for-profit entity that collects, maintains, uses, or sells consumer data as part of its business activities. "Consumer data" is broadly defined as any information that could identify or be linked to an individual consumer, excluding basic contact information. The bill establishes a rebuttable presumption that consumers with New York addresses or IP addresses are New York consumers, and provides that businesses with common ownership will be treated as a single taxpayer. The tax includes provisions for recordkeeping, monthly reporting, and potential credits for taxes paid in other jurisdictions. The Department of Taxation and Finance is authorized to create rules and regulations for implementing the tax. The law will take effect six months after its passage and apply to tax years beginning after that date.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/A1434