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 22-1)
Status: (Introduced - Dead) 2020-07-17 - held for consideration in 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. LBD02112-01-9A. 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, theA. 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.