New York finished better than just four states in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The SBEC annually assesses the tax climates for business and entrepreneurs in the 50 states and the District of Columbia.

The only states ranking lower than New York: California, Maine, Minnesota and New Jersey (as well as the District of Columbia).

The index includes rankings of the top personal income tax rates in each state (New York tied for 47th with New Jersey at 8.97%) and the top individual capital gains tax rates (tied for 48th at 8.97%).

Also rated are top corporate income tax rates (36th at 8.307%), top corporate capital gains tax rates (37th at 8.307%), property taxes as a share of personal income (45th at 4.30%) and sales, gross receipts and excise taxes as a share of personal income (tied for 33rd with Kentucky at 3.67%).

Other factors include unemployment tax rates as a share of state average pay (5th at 0.99%), state gas taxes (last at 41.3 cents per gallon) and diesel taxes (tied for 49th with Connecticut, ahead of only Hawaii at 43.4 cents per gallon).

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