STATE OF NEW YORK ________________________________________________________________________ 1583 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to allowing a tax credit for the adoption of special needs 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 (ooo) to read as follows: 3 (ooo) Adoption of special needs children tax credit. (1) A resident 4 taxpayer shall be allowed a credit against the tax imposed by this arti- 5 cle in an amount equaling thirty percent of the qualified adoption 6 expenses paid during the taxable year in conjunction with the taxpayer's 7 adoption of a handicapped child or a hard to place child or five thou- 8 sand dollars, whichever is less. If the amount of the credit allowable 9 under this subsection for any taxable year shall exceed the taxpayer's 10 tax for such year, the excess shall be treated as an overpayment of tax 11 to be credited or refunded in accordance with the provisions of section 12 six hundred eighty-six of this article, provided, however, that no 13 interest shall be paid thereon. 14 (2) The following terms shall have the following meanings: (A) "Hand- 15 icapped child" and "hard to place child" shall have the same meaning as 16 in section four hundred fifty-one of the social services law and the 17 regulations promulgated thereunder. 18 (B) "Qualified adoption expenses" shall mean the reasonable and neces- 19 sary adoption fees, court costs, attorneys' fees, and other expenses 20 that are directly related to the legal adoption of a handicapped child 21 or hard to place child by the taxpayer for which the taxpayer has not 22 received a subsidy, reimbursement or federal tax credit under the inter- 23 nal revenue code, provided, however, that such costs shall not include 24 any costs associated with litigation. 25 § 2. This act shall take effect immediately and shall apply to taxable 26 years beginning on and after January 1, 2024. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05302-01-3