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