One other Tax on the Horizon for NY Residents

Following within the footsteps of the state of Washington, New York is more likely to impose a brand new payroll tax to assist a state-funded long-term care program within the close to future.  The dimensions of the tax continues to be being debated, however most assume it is going to possible be better than the Washington quantity (0.58%) with the intention to account for the upper prices of care in New York State.   

Much like Washington, the LTC advantages supplied beneath the state’s plan are anticipated to be round $100/day for at the least 1 12 months ($36,500 whole advantages).  Not like Washington, there’ll possible be no residency requirement so those that work in New York and reside out of state will nonetheless be taxed. As well as, this system will supply some stage of portability and supply advantages to those that have certified no matter state of residency.

The “flat-tax” design of the state plan may have a better affect on increased revenue people.  They’ll pay considerably extra in taxes for a similar quantity of minimal LTC protection.  The desk beneath illustrates the annual tax quantities for various revenue ranges on the doable tax charges.


As a comparability, a 40 year-old in New York can purchase non-public LTC protection that provides 5 instances the state plan’s advantages for roughly $1,250/12 months.  The economics of this system are very unfavorable for these on the upper finish of the revenue scale.

The excellent news for workers is that the state will supply a possibility to “opt-out” of this system and, thus, not incur the tax. With the intention to opt-out, residents should safe non-public LTC protection previous to a yet-to-be specified date.

Backside line:  For mid-to-high earners in addition to these youthful, up-and-comers within the workforce, you possible can acquire higher protection at a decrease value by securing non-public LTC insurance coverage and opting out of the state program. 

Senate Invoice S9082 – New York LTC Belief Act   

Because the invoice presently reads, this system can be efficient instantly upon being signed into legislation and would require workers to pay a yet-to-be-determined share of their revenue (by way of a payroll tax) into the state’s LTC fund.  The timing of this system’s efficient date is vital as a result of it is going to decide the opt-out deadline as acknowledged within the following excerpt from the invoice:

“Offers for an elective exemption from the duty to pay premiums (which exemption is coupled with a disqualification of the suitable to obtain advantages) for people who’ve had in place non-public long run care insurance coverage repeatedly for at the least the length of the calendar 12 months up to now previous to the effectiveness of the legislation, for so long as they keep these insurance policies.”

Mainly, which means that protection should be in place previous to January 1 of the 12 months the laws turns into efficient.  If the legislation is handed any time previous to the 1/1/2024 deadline then non-public LTC protection will have to be in place by 1/1/2023 to qualify.  This leaves a really small window for these eager to benefit from the exemption provision.

To additional complicate issues, NY has a reasonably strict definition of what really constitutes non-public LTC insurance coverage.   At present, the coverage might want to qualify beneath regulation 7702B in addition to fulfill further state-specific provisions.   It’s value noting that these state necessities might change sooner or later on account of ongoing lobbying efforts by the insurance coverage business.

Potential Outcomes

It’s just about unimaginable to attempt to predict the plan of action a state legislature would possibly take.  That being stated, from the state’s perspective, it’s clearly of their finest curiosity to maximise (or at the least not considerably deplete) the tax {dollars} funding the state sponsored plan which, in flip, encourages them to attenuate the variety of program opt-outs.  For instance, in Washington, the state budgeted for roughly 100,000 opt-outs, however the ultimate quantity turned out to be greater than 4 instances that quantity (~477,000). 

Within the state’s eyes, the aim of the opt-out provision is to function a reprieve to those that have deliberate responsibly for his or her future LTC wants versus an outlet for these merely searching for a last-minute tax break.  New York positively doesn’t need to repeat what occurred in WA—a stampede for protection that more-or-less briefly shut down the state’s LTC market.


  • Staff ought to calculate the approximate tax legal responsibility that they might incur from the state plan based mostly on present revenue in addition to projected future revenue;
  • Then evaluate that annual tax quantity to the prices of personal LTC protection;
  • If non-public protection is favorable, they need to safe certified (and NY authorized) non-public LTC protection earlier than 2023; and  
  • Make sure that to work with an LTC advisor who’s properly versed on the NY necessities for acceptable non-public protection as their guidelines are advanced and proceed to evolve.

The frenzy for protection in Washington principally broke the system.  The New York inhabitants is greater than twice that of Washington. State legislators are conscious of this and can possible not place New York in the same scenario.  The retroactive nature of New York’s opt-out design may very well be an efficient strategy to decrease that sort of rush for protection.  From the worker perspective, the design additional encourages those that would profit by opting out of this system, and never paying the annual tax, to behave shortly.  The danger of ready and doubtlessly lacking the opt-out alternative altogether far outweighs the price of carrying protection for just a few further months.

Jason Chalmers is a director at Cohn Monetary Group, a division of Gallagher.