Bill Text: NY S02273 | 2011-2012 | General Assembly | Introduced


Bill Title: Increases the child and dependent care credit in computing personal income tax liability from 20% to 50% of the allowable federal child and dependent care tax credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02273 Detail]

Download: New_York-2011-S02273-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2273
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the tax law, in relation to increasing the minimum child
         and dependent care credit against the personal income tax
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  1  of subsection (c) of section 606 of the tax
    2  law, as amended by section 1 of part M of chapter  63  of  the  laws  of
    3  2000, is amended to read as follows:
    4    (1)  A  taxpayer shall be allowed a credit as provided herein equal to
    5  the applicable percentage of the credit allowable under section  twenty-
    6  one  of  the  internal  revenue  code for the same taxable year (without
    7  regard to whether the taxpayer in fact claimed  the  credit  under  such
    8  section  twenty-one  for  such  taxable year). The applicable percentage
    9  shall be the sum of (i) [twenty] FIFTY percent  and  (ii)  a  multiplier
   10  multiplied  by  a  fraction.  For  taxable  years  beginning in nineteen
   11  hundred ninety-six and nineteen hundred ninety-seven, the  numerator  of
   12  such  fraction  shall be the lesser of (i) four thousand dollars or (ii)
   13  fourteen thousand dollars less the New York adjusted  gross  income  for
   14  the  taxable  year,  provided,  however, the numerator shall not be less
   15  than zero. For the taxable year beginning in  nineteen  hundred  ninety-
   16  eight,  the  numerator of such fraction shall be the lesser of (i) thir-
   17  teen thousand dollars or (ii) thirty thousand dollars less the New  York
   18  adjusted  gross  income  for  the  taxable  year, provided, however, the
   19  numerator shall not be less than zero. For taxable  years  beginning  in
   20  nineteen  hundred  ninety-nine,  the numerator of such fraction shall be
   21  the lesser of (i)  fifteen  thousand  dollars  or  (ii)  fifty  thousand
   22  dollars  less  the  New York adjusted gross income for the taxable year,
   23  provided, however, the numerator shall not be less than zero. For  taxa-
   24  ble years beginning after nineteen hundred ninety-nine, the numerator of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06805-01-1
       S. 2273                             2
    1  such  fraction  shall  be  the lesser of (i) fifteen thousand dollars or
    2  (ii) sixty-five thousand dollars less the New York adjusted gross income
    3  for the taxable year, provided, however, the numerator shall not be less
    4  than  zero.  The  denominator  of  such  fraction shall be four thousand
    5  dollars for taxable years beginning in nineteen hundred  ninety-six  and
    6  nineteen hundred ninety-seven, thirteen thousand dollars for the taxable
    7  year  beginning  in  nineteen hundred ninety-eight, and fifteen thousand
    8  dollars for taxable years beginning after nineteen hundred ninety-eight.
    9  The multiplier shall be ten percent for taxable years beginning in nine-
   10  teen hundred ninety-six, forty percent for taxable  years  beginning  in
   11  nineteen  hundred  ninety-seven,  [and] eighty percent for taxable years
   12  beginning [after nineteen  hundred  ninety-seven]  IN  NINETEEN  HUNDRED
   13  NINETY-EIGHT,  NINETEEN  HUNDRED NINETY-NINE, TWO THOUSAND, TWO THOUSAND
   14  ONE, TWO THOUSAND TWO, TWO THOUSAND THREE, TWO THOUSAND FOUR, TWO  THOU-
   15  SAND  FIVE,  TWO  THOUSAND SIX, AND TWO THOUSAND SEVEN AND FIFTY PERCENT
   16  FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVEN. Provided, however,
   17  for taxable years beginning after nineteen hundred  ninety-nine,  for  a
   18  person  whose New York adjusted gross income is less than forty thousand
   19  dollars, such applicable percentage shall be equal to  (i)  one  hundred
   20  percent,  plus (ii) ten percent multiplied by a fraction whose numerator
   21  shall be the lesser of (i) fifteen thousand dollars or (ii) forty  thou-
   22  sand  dollars  less  the  New York adjusted gross income for the taxable
   23  year, provided such numerator shall not be less  than  zero,  and  whose
   24  denominator  shall be fifteen thousand dollars.  Provided, further, that
   25  if the reversion event, as defined in this paragraph, occurs, the appli-
   26  cable percentage shall, for taxable years ending on or after the date on
   27  which the reversion event occurred, be determined using the rules speci-
   28  fied in this paragraph applicable to taxable years beginning in nineteen
   29  hundred ninety-nine.  The  reversion  event  shall  be  deemed  to  have
   30  occurred  on the date on which federal action, including but not limited
   31  to, administrative, statutory or regulatory changes, materially  reduces
   32  or  eliminates  New  York  state's  allocation  of the federal temporary
   33  assistance for needy families block grant,  or  materially  reduces  the
   34  ability  of  the  state  to spend federal temporary assistance for needy
   35  families block grant funds for the  credit  for  certain  household  and
   36  dependent  care  services  necessary  for gainful employment or to apply
   37  state general fund spending on the  credit  for  certain  household  and
   38  dependent  care  services  necessary  for  gainful employment toward the
   39  temporary assistance for  needy  families  block  grant  maintenance  of
   40  effort  requirement, and the commissioner of the office of temporary and
   41  disability assistance shall certify  the  date  of  such  event  to  the
   42  commissioner, the director of the division of the budget, the speaker of
   43  the assembly and the temporary president of the senate.
   44    S 2. This act shall take effect immediately and shall apply to taxable
   45  years commencing on and after January 1, 2012.
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