Bill > S04489

This bill creates a monthly excise tax on commercial data collectors who gather consumer data from more than one million New York residents, with the tax rate increasing progressively based on the number of consumers' data collected. A "commercial data collector" is defined as a for-profit entity that collects, maintains, uses, processes, sells, or shares consumer data as part of its business activities, with a consumer defined as an individual who purchases goods or uses services from such an entity. The tax applies to any consumer data collected, excluding basic contact information like email addresses and phone numbers, and is calculated using a tiered structure where collectors pay incrementally higher rates as they collect data on more New York consumers - starting at five cents per consumer over one million and potentially reaching fifty cents per consumer over ten million. The bill includes provisions for determining consumer residency, allows for alternative tax calculation methods, provides a credit for taxes paid in other jurisdictions, requires monthly reporting, and mandates record-keeping. Companies with common ownership will be treated as a single taxpayer, and the tax is designed to be implemented six months after the law takes effect, applying to tax years beginning after that point.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/S4489