Bill Text: NY A01678 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a tax credit for companies that employ New York national guard and reserve members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-16 - referred to ways and means [A01678 Detail]

Download: New_York-2019-A01678-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1678
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Ways and Means
        AN ACT to amend the tax law, in relation to creating a wage  tax  credit
          for  employers  who  employ  New York national guard men and women and
          reservists
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  210-B  of the tax law is amended by adding a new
     2  subdivision 53 to read as follows:
     3    53.  Employment of New York national guard and  reserve  members  wage
     4  tax credit. (a) Allowance of credit. A taxpayer shall be allowed a cred-
     5  it,  to  be  computed  as provided in paragraph (b) of this subdivision,
     6  against the tax imposed by this article, if it employs  members  of  the
     7  New  York  national guard and reserves. Provided, however, such taxpayer
     8  shall comply with the Uniformed  Services  Employment  and  Reemployment
     9  Rights  Act,  as found in section 4301 et seq. of title 18 of the United
    10  States Code.
    11    (b) Amount of credit. The credit allowed pursuant to paragraph (a)  of
    12  this  subdivision shall be in an amount equal to fifteen hundred dollars
    13  for each national guard or reserve member employed by such employer  and
    14  twenty-five  hundred  dollars  for each national guard or reserve member
    15  employed by such employer who has completed or returned from  a  deploy-
    16  ment or activation. Provided, however, that no such credit allowed under
    17  this subdivision shall exceed two thousand five hundred dollars for each
    18  national guard or reserve member employed by such employer.
    19    (c)  Application  of credit. The credit allowed under this subdivision
    20  for any taxable year shall not reduce the tax due for such year to  less
    21  than  the  amount  prescribed  in  paragraph  (d)  of subdivision one of
    22  section two hundred ten of this article.   If, however,  the  amount  of
    23  credits  allowed under this subdivision for any taxable year reduces the
    24  tax to such amount, any amount of credit thus  not  deductible  in  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06234-01-9

        A. 1678                             2
     1  taxable year shall be treated as an overpayment of tax to be credited or
     2  refunded  in  accordance  with  the  provisions  of section one thousand
     3  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
     4  subsection  (c)  of  section  one  thousand eighty-eight of this chapter
     5  notwithstanding, no interest shall be paid thereon.
     6    § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
     7  of  the  tax  law  is  amended  by adding a new clause (xliv) to read as
     8  follows:
     9  (xliv) Employment of New             Amount of credit
    10  York national guard and              under subdivision
    11  reserve members credit               fifty-three of section
    12  under subsection (jjj)               two hundred ten-B
    13    § 3. Section 606 of the tax law is amended by adding a new  subsection
    14  (jjj) to read as follows:
    15    (jjj)  Employment  of New York national guard and reserve members wage
    16  tax credit. (1) Allowance of credit. A taxpayer shall be allowed a cred-
    17  it, to be computed as provided in  paragraph  two  of  this  subsection,
    18  against  the  tax  imposed by this article if they employ members of the
    19  New York national guard  and  reserve.  Provided,  however,  they  shall
    20  comply  with  the  Uniformed Services Employment and Reemployment Rights
    21  Act, as found in section 4301 et seq. of title 18 of the  United  States
    22  Code.
    23    (2)  Amount of credit. The credit allowed pursuant to paragraph one of
    24  this subsection shall be in an amount equal to one thousand five hundred
    25  dollars for each national guard  or  reserve  member  employed  by  such
    26  employer  and  two thousand five hundred dollars for each national guard
    27  or reserve member  employed  by  such  employer  who  has  completed  or
    28  returned  from  a  deployment  or activation. Provided, however, that no
    29  such credit allowed under this subsection shall exceed two thousand five
    30  hundred dollars for each national guard or reserve  member  employed  by
    31  such employer.
    32    (3)  Application  of credit. If the amount of the credit allowed under
    33  this subsection for any taxable year shall exceed the taxpayer's tax for
    34  such year, the excess shall be treated as an overpayment of  tax  to  be
    35  credited  or  refunded  in accordance with the provisions of section six
    36  hundred eighty-six of this article, provided, however, that no  interest
    37  shall be paid thereon.
    38    § 4. This act shall take effect immediately and apply to taxable years
    39  beginning on and after January 1, 2022.
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