Bill Text: NY A04855 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates a tax credit for employment of persons on probation or parole.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A04855 Detail]
Download: New_York-2019-A04855-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4855 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. BLAKE -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to a credit for employment of persons on probation or parole The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new section 187-t to 2 read as follows: 3 § 187-t. Credit for employment of persons on probation or parole. 1. 4 Allowance of credit. A taxpayer shall be allowed a credit, to be 5 computed as hereinafter provided, against the taxes imposed by this 6 article, other than the taxes imposed by sections one hundred eighty- 7 six-a and one hundred eighty-six-e of this article, for employing within 8 the state a qualified employee. Provided, however, the amount of credit 9 allowed by this section against the tax imposed by section one hundred 10 eighty-four of this article shall be the excess of the credit computed 11 under this section over the amount of credit allowed by this section 12 against the tax imposed by section one hundred eighty-three of this 13 article. 14 2. Qualified employee. A qualified employee is an individual who: 15 (a) has been convicted of a felony under any statute of the United 16 States or any state; 17 (b) is on probation or parole; and 18 (c) has worked on a full-time basis for the employer who is claiming 19 the credit for at least one hundred eighty days or four hundred hours. 20 3. Amount of credit. Except as provided in subdivision four of this 21 section, the amount of credit under this section shall be thirty-five 22 percent of the first six thousand dollars in qualified first-year wages 23 earned by each qualified employee. "Qualified first-year wages" means 24 wages paid or incurred by the taxpayer during the taxable year to quali- 25 fied employees which are attributable, with respect to any such employ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08793-01-9A. 4855 2 1 ee, to services rendered during the one-year period beginning with the 2 day the employee begins work for the taxpayer. 3 4. Credit where federal work opportunity tax credit applies. With 4 respect to any qualified employee whose qualified first-year wages under 5 subdivision three of this section also constitute qualified first-year 6 wages for purposes of the work opportunity tax credit for vocational 7 rehabilitation referrals under section fifty-one of the internal revenue 8 code, the amount of credit under this section shall be thirty-five 9 percent of the first six thousand dollars in qualified second-year wages 10 earned by each such employee. "Qualified second-year wages" means wages 11 paid or incurred by the taxpayer during the taxable year to qualified 12 employees which are attributable, with respect to any such employee, to 13 services rendered during the one-year period beginning one year after 14 the employee begins work for the taxpayer. 15 5. Carryover. In no event shall the credit under this section be 16 allowed in an amount which will reduce the tax payable to less than the 17 applicable minimum tax fixed by section one hundred eighty-three of this 18 article. If, however, the amount of credit allowable under this section 19 for any taxable year reduces the tax to such amount, any amount of cred- 20 it not deductible in such taxable year may be carried over to the 21 following year or years and may be deducted from the taxpayer's tax for 22 such year or years. 23 6. Coordination with federal work opportunity tax credit. The 24 provisions of sections fifty-one and fifty-two of the internal revenue 25 code, as such sections applied on October first, nineteen hundred nine- 26 ty-six, that apply to the work opportunity tax credit for vocational 27 rehabilitation referrals shall apply to the credit under this section to 28 the extent that such sections are consistent with the specific 29 provisions of this section, provided that in the event of a conflict the 30 provisions of this section shall control. 31 § 2. This act shall take effect immediately, and shall apply to taxa- 32 ble years beginning on and after January 1, 2019.
