Bill Text: NY A04294 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes corporate business and personal income tax credits for taxpayers (employers of 100 or fewer) who provide employees with on-the-job training in an amount up to $300 per employee.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2016-06-15 - held for consideration in ways and means [A04294 Detail]
Download: New_York-2015-A04294-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4294
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
___________
Introduced by M. of A. KOLB, OAKS, McKEVITT, BARCLAY, CORWIN -- Multi-
Sponsored by -- M. of A. CROUCH, DUPREY, GIGLIO, LOPEZ -- read once
and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a credit for
on-the-job training
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 a new
2 subdivision 49 to read as follows:
3 49. CREDIT FOR ON-THE-JOB TRAINING. (A) GENERAL. A TAXPAYER, WHO HAS
4 ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
5 AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR
6 PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
7 (B) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
8 WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
9 AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
10 DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
11 (C) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
12 SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
13 CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
14 EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
15 ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
16 COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
17 DEDICATED SPACE FOR THE TRAINING.
18 (D) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
19 ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
20 CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
21 TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
22 ITURES WERE MADE.
23 (E) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
24 BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03606-01-5
A. 4294 2
1 AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO
2 HUNDRED TEN OF THIS ARTICLE. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
3 ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
4 SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
5 MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
6 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
7 S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
8 of the tax law is amended by adding a new clause (xli) to read as
9 follows:
10 (XLI) CREDIT FOR ON-THE-JOB COSTS UNDER SUBDIVISION
11 TRAINING UNDER SUBSECTION (CCC) FORTY-NINE OF
12 SECTION TWO HUNDRED TEN-B
13 S 3. Section 606 of the tax law is amended by adding a new subsection
14 (ccc) to read as follows:
15 (CCC) CREDIT FOR ON-THE-JOB TRAINING. (1) GENERAL. A TAXPAYER, WHO
16 HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE
17 COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTI-
18 CLE, FOR PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
19 (2) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
20 WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
21 AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
22 DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
23 (3) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
24 SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
25 CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
26 EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
27 ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
28 COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
29 DEDICATED SPACE FOR THE TRAINING.
30 (4) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
31 ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
32 CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
33 TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
34 ITURES WERE MADE.
35 (5) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
36 FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH TAX YEAR,
37 THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY
38 BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
39 S 4. This act shall take effect immediately and shall apply to taxable
40 years beginning on and after the first of January next succeeding the
41 date on which it shall have become a law.
