Bill Text: NY A01700 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates a wage tax credit for employers who employ New York national guard men and women, reservists, volunteer firefighters and EMS personnel.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2019-01-16 - referred to ways and means [A01700 Detail]

Download: New_York-2019-A01700-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1700
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced  by  M.  of  A.  HAWLEY, KOLB, PALMESANO, BARCLAY, MONTESANO,
          GIGLIO, DiPIETRO, NORRIS, BRABENEC, ASHBY -- 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, reser-
          vists, volunteer firefighters and EMS personnel
          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  two  new
     2  subdivisions 53 and 54 to read as follows:
     3    53. Employment of New York national guard and reserve members wage tax
     4  credit.  (a)  Allowance of credit. A taxpayer shall be allowed a credit,
     5  in the amount of one thousand five  hundred  dollars,  against  the  tax
     6  imposed  by  this article for each member of the New York national guard
     7  and reserves which it employs.  Provided, however, such  taxpayer  shall
     8  comply  with  the  Uniformed Services Employment and Reemployment Rights
     9  Act, as found in section 4301 et seq. of title 18 of the  United  States
    10  Code; and provided further that such person shall have been employed for
    11  at least six months.
    12    (b)  Application  of credit. The credit allowed under this subdivision
    13  for any taxable year shall not reduce the tax due for such year to  less
    14  than  the  minimum amount prescribed in paragraph (d) of subdivision one
    15  of section two hundred ten of this article. If, however, the  amount  of
    16  credits  allowed under this subdivision for any taxable year reduces the
    17  tax to such amount, any amount of credit thus  not  deductible  in  such
    18  taxable year shall be treated as an overpayment of tax to be credited or
    19  refunded  in  accordance  with  the  provisions  of section one thousand
    20  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
    21  subsection  (c)  of  section  one  thousand eighty-eight of this chapter
    22  notwithstanding, no interest shall be paid thereon.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02112-01-9

        A. 1700                             2
     1    54.  Employment  of  volunteer  firefighters  and  emergency   medical
     2  services  (EMS)  first responder personnel wage credit. (a) Allowance of
     3  credit. A taxpayer shall be  allowed  a  credit  of  one  thousand  five
     4  hundred  dollars,  against  the  tax  imposed  by this article, for each
     5  volunteer  firefighter  and  EMS  first  responder  personnel  which  it
     6  employs; provided that such person shall have been employed for at least
     7  six months.
     8    (b) Application of credit. The credit allowed under  this  subdivision
     9  for  any taxable year shall not reduce the tax due for such year to less
    10  than the minimum amount prescribed in paragraph (d) of  subdivision  one
    11  of  section  two hundred ten of this article. If, however, the amount of
    12  credits allowed under this subdivision for any taxable year reduces  the
    13  tax  to  such  amount,  any amount of credit thus not deductible in such
    14  taxable year shall be treated as an overpayment of tax to be credited or
    15  refunded in accordance with  the  provisions  of  section  one  thousand
    16  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
    17  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    18  notwithstanding, no interest shall be paid thereon.
    19    §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    20  of the tax law is amended by adding two new clauses (xliv) and (xlv)  to
    21  read as follows:
    22  (xliv) Employment of New             Amount of credit
    23  York national                        under subdivision
    24  guard and reserve                    fifty-three of
    25  members credit                       section two hundred ten-B
    26  under sub-
    27  section (jjj)
    28  (xlv) Employment of volunteer        Amount of credit under
    29  firefighters and EMS                 subdivision fifty-four of
    30  first responder                      section two hundred ten-B
    31  personnel wage
    32  credit under sub-
    33  section (kkk)
    34    §  3.  Section  606  of  the  tax  law  is  amended  by adding two new
    35  subsections (jjj) and (kkk) to read as follows:
    36    (jjj) Employment of New York national guard and reserve member credit.
    37  (1) Allowance of credit. A taxpayer shall be allowed a credit, as  here-
    38  inafter provided, against the tax imposed by this article if they employ
    39  New  York  national  guard  and reserve members. Provided, however, they
    40  shall comply with the Uniformed  Services  Employment  and  Reemployment
    41  Rights  Act,  as found in section 4301 et seq. of title 18 of the United
    42  States Code; and provided, further that  such  person  shall  have  been
    43  employed  for  at  least six months.   The amount of the credit shall be
    44  fifteen hundred dollars for each  national  guard  member  or  reservist
    45  employed.
    46    (2)  Application  of credit. If the amount of the credit allowed under
    47  this subsection for any taxable year shall exceed the taxpayer's tax for
    48  such year, the excess shall be treated as an overpayment of  tax  to  be
    49  credited  or  refunded  in accordance with the provisions of section six
    50  hundred eighty-six of this article, provided, however, that no  interest
    51  shall be paid thereon.
    52    (3) Carryover. If the amount of credit allowable under this subsection
    53  for  any taxable year shall exceed the taxpayer's tax for such year, the

        A. 1700                             3
     1  excess may be carried over to the following year or years,  and  may  be
     2  deducted from the taxpayer's tax for such year or years.
     3    (kkk)  Employment  of  volunteer  firefighters and EMS first responder
     4  personnel wage credit. (1) Allowance of  credit.  A  taxpayer  shall  be
     5  allowed  a  credit,  as hereinafter provided, against the tax imposed by
     6  this article for each volunteer  firefighter  and  EMS  first  responder
     7  personnel  which  it  employs; provided that such person shall have been
     8  employed for at least six months.   The amount of the  credit  shall  be
     9  fifteen  hundred  dollars  for  each volunteer firefighter and EMS first
    10  responder employed.
    11    (2) Application of credit. If the amount of the credit  allowed  under
    12  this subsection for any taxable year shall exceed the taxpayer's tax for
    13  such  year,  the  excess shall be treated as an overpayment of tax to be
    14  credited or refunded in accordance with the provisions  of  section  six
    15  hundred  eighty-six of this article, provided, however, that no interest
    16  shall be paid thereon.
    17    (3) Carryover. If the amount of credit allowable under this subsection
    18  for any taxable year shall exceed the taxpayer's tax for such year,  the
    19  excess  may  be  carried over to the following year or years, and may be
    20  deducted from the taxpayer's tax for such year or years.
    21    § 4. This act shall take effect immediately and shall apply to taxable
    22  years beginning on and after January 1, 2021.  Effective immediately the
    23  addition, amendment and/or repeal of any rule  or  regulation  necessary
    24  for  the implementation of this act on its effective date are authorized
    25  to be made on or before such date.
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