STATE OF NEW YORK
        ________________________________________________________________________
                                          6676
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Ways and Means
        AN ACT to amend the tax law, in  relation  to  establishing  a  personal
          income tax credit for parents who home school their children
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (c-2) to read as follows:
     3    (c-2)  Home  schooling credit. (1) A resident taxpayer who maintains a
     4  home school in compliance with the  regulations  of  the  department  of
     5  education  shall be allowed a credit equal to the cost of learning mate-
     6  rials purchased for home schooling purposes during the taxable year. For
     7  purposes of this subsection the term "learning materials" shall include,
     8  but shall not be limited to, textbooks, workbooks, supplemental  reading
     9  material, videos, and software.
    10    (2)  If the amount of the credit allowed under this subsection for any
    11  taxable year shall exceed the taxpayer's tax for such year,  the  excess
    12  shall  be treated as an overpayment of tax to be credited or refunded in
    13  accordance with the provisions of section six hundred eighty-six of this
    14  article, provided, however, that no interest shall be paid thereon.
    15    (3) In the case of a husband and wife who file a joint federal return,
    16  but who are required to determine their New York taxes  separately,  the
    17  credit  allowed  pursuant  to this subsection may be applied against the
    18  tax imposed of either or divided between them as they may elect.
    19    § 2. This act shall take effect immediately and shall apply to taxable
    20  years commencing on and after January 1, 2019.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10524-01-9