Bill Text: NY A05068 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the New York city housing authority work tax credit program; provides qualified employers with tax credits up to $5,000 for a full time position and $2,500 for part time positions when they hire residents of the New York city housing authority.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2019-02-07 - referred to ways and means [A05068 Detail]

Download: New_York-2019-A05068-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5068
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M. of A. TITUS, COOK, PERRY, BLAKE, SIMON, JOYNER, ORTIZ
          -- Multi-Sponsored by -- M. of A. DAVILA, GLICK, RIVERA --  read  once
          and referred to the Committee on Ways and Means
        AN ACT to amend the labor law and the tax law, in relation to establish-
          ing the New York city housing authority work tax credit program
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The labor law is amended by adding a new  section  25-d  to
     2  read as follows:
     3    §  25-d.  Power to administer the New York city housing authority work
     4  tax credit program. (a) The commissioner is authorized to establish  and
     5  administer  the  New York city housing authority work tax credit program
     6  to provide tax incentives to employers for employing  residents  of  New
     7  York  city  housing  authority public housing in part-time and full-time
     8  jobs or internships. The commissioner is authorized to  allocate  up  to
     9  twenty-five million dollars of tax credits.
    10    (b)  Definitions.  (1) The term "qualified employer" means an employer
    11  in good standing:
    12    (i) that is located within a reasonable commuting distance, as  deter-
    13  mined  by  the  commissioner,  for  residents  of  New York city housing
    14  authority public housing;
    15    (ii) that has been certified by the commissioner and  the  superinten-
    16  dent  of  financial services to participate in the New York city housing
    17  authority tax credit program; and
    18    (iii) employs one or more qualified employees.
    19    (2) The term "qualified employee" means an individual:
    20    (i) who resides in New York city housing authority public housing; and
    21    (ii) who will be working for the qualified employer in a full-time  or
    22  part-time  job  or internship that pays wages that are equivalent to the
    23  wages paid for similar jobs, with appropriate adjustments for experience
    24  and training, and for which no other employee has  been  terminated,  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05875-01-9

        A. 5068                             2
     1  where  the  employer has not otherwise reduced its workforce by involun-
     2  tary terminations with the intention of filling the vacancy by  creating
     3  a new hire.
     4    (3)  The  term  "community-based  organization"  means an organization
     5  located in a city with  a  population  of  one  million  or  more  whose
     6  services  include,  but  are  not limited to, employment, education, and
     7  business resources.
     8    (c) A qualified employer shall be entitled to a tax credit equal to no
     9  more than five thousand dollars for each qualified employee the employer
    10  employs in a full-time job or internship of at least  thirty-five  hours
    11  per  week  or  no  more  than two thousand five hundred dollars for each
    12  qualified employee the employer employs in a part-time job or internship
    13  of at least twenty to thirty-four hours per week. The tax credits  shall
    14  be  claimed by the qualified employer as specified in subdivision fifty-
    15  three of section two hundred ten-B and subsection (jjj) of  section  six
    16  hundred six of the tax law.
    17    (d)  To  participate  in  the New York city housing authority work tax
    18  credit program, an employer  must  submit  an  application  (in  a  form
    19  prescribed  by  the commissioner in consultation with the superintendent
    20  of financial services) to the commissioner  and  the  superintendent  of
    21  financial services after January first, two thousand twenty. The commis-
    22  sioner,  in  consultation with the superintendent of financial services,
    23  shall establish guidelines and criteria that  specify  requirements  for
    24  employers  to participate in the program including criteria for certify-
    25  ing qualified employees. Any regulations that  the  commissioner  deter-
    26  mines are necessary may be adopted on an emergency basis notwithstanding
    27  anything  to the contrary in section two hundred two of the state admin-
    28  istrative procedure act. Such requirements  may  include  the  types  of
    29  industries  that  the  employers  are  engaged  in. The commissioner and
    30  superintendent of financial services may give  preference  to  employers
    31  that  are  engaged  in  demand occupations or industries, or in regional
    32  growth sectors, including those  identified  by  the  regional  economic
    33  development  councils,  such as clean energy, healthcare, advanced manu-
    34  facturing and conservation. In addition,  the  commissioner  and  super-
    35  intendent  of  financial services shall give preference to employers who
    36  offer advancement and employee benefit packages to the  qualified  indi-
    37  viduals.
    38    (e)  If, after reviewing the application submitted by an employer, the
    39  commissioner and superintendent of  financial  services  determine  that
    40  such  employer  is  eligible to participate in the New York city housing
    41  authority work tax credit program,  the  commissioner  shall  issue  the
    42  employer a certificate of eligibility that establishes the employer as a
    43  qualified  employer.  The  certificate  of eligibility shall specify the
    44  maximum amount of New York city housing authority work tax  credit  that
    45  the employer will be allowed to claim.
    46    (f) The commissioner shall provide the names and any other information
    47  deemed  necessary  of  qualified  employers to community-based organiza-
    48  tions.  Such community-based organizations shall refer qualified employ-
    49  ees to appropriate qualified employers. Qualified  employers  shall  not
    50  ask  referred  qualified  employees  how they qualified for the New York
    51  city housing authority work tax credit program.
    52    (g) The commissioner shall annually publish a report. Such report must
    53  contain the names and addresses of any employer issued a certificate  of
    54  eligibility  under this section, and the maximum amount of New York city
    55  housing authority work tax credit allowed to the employer  as  specified
    56  on such certificate of eligibility.

        A. 5068                             3
     1    §  2. Section 210-B of the tax law is amended by adding a new subdivi-
     2  sion 53 to read as follows:
     3    53.  New  York  city housing authority work tax credit. (a) A taxpayer
     4  that has been certified by the commissioner of labor and  superintendent
     5  of  financial services as a qualified employer pursuant to section twen-
     6  ty-five-d of the labor law shall be allowed a  credit  against  the  tax
     7  imposed  by this article equal to no more than five thousand dollars for
     8  each qualified employee the employer  employs  in  a  full-time  job  or
     9  internship  of  at  least thirty-five hours per week or no more than two
    10  thousand five hundred dollars for each qualified employee  the  employer
    11  employs  in  a part-time job or internship of at least twenty to thirty-
    12  four hours per week. For purposes of this subdivision, the term  "quali-
    13  fied  employee"  shall have the same meaning as set forth in subdivision
    14  (b) of section twenty-five-d of the labor law. The portion of the credit
    15  described in this paragraph shall be allowed for  the  taxable  year  in
    16  which the wages are paid to the qualified employee.
    17    (b) The credit allowed under this subdivision for any taxable year may
    18  not  reduce the tax due for that year to less than the amount prescribed
    19  in paragraph (d) of subdivision one of section two hundred ten  of  this
    20  article.  However, if the amount of the credit allowed under this subdi-
    21  vision for any taxable year reduces the tax to that  amount  or  if  the
    22  taxpayer  otherwise  pays  tax based on the fixed dollar minimum amount,
    23  any amount of credit not deductible in that taxable year will be treated
    24  as an overpayment of tax to be credited or refunded in  accordance  with
    25  the  provisions  of  section  one  thousand  eighty-six of this chapter.
    26  Provided, however, no interest will be paid thereon.
    27    (c) The taxpayer may be required to  attach  to  its  tax  return  its
    28  certificate  of eligibility issued by the commissioner of labor pursuant
    29  to section twenty-five-d of the labor law. In no event shall the taxpay-
    30  er be allowed a credit greater than the amount of the credit  listed  on
    31  the  certificate  of  eligibility. Notwithstanding any provision of this
    32  chapter to the contrary, the commissioner and the commissioner's  desig-
    33  nees  may  release the names and addresses of any taxpayer claiming this
    34  credit and the amount of the credit earned by  the  taxpayer.  Provided,
    35  however,  if  a  taxpayer claims this credit because it is a member of a
    36  limited liability company or a partner in a partnership, only the amount
    37  of credit earned by the entity and not the amount of credit  claimed  by
    38  the taxpayer may be released.
    39    §  3. Section 606 of the tax law is amended by adding a new subsection
    40  (jjj) to read as follows:
    41    (jjj) New York city housing authority work tax credit. (1) A  taxpayer
    42  that has been certified by the commissioner of labor and the superinten-
    43  dent  of  financial services as a qualified employer pursuant to section
    44  twenty-five-d of the labor law shall be allowed a credit against the tax
    45  imposed by this article equal to no more than five thousand dollars  for
    46  each  qualified  employee  the  employer  employs  in a full-time job or
    47  internship of at least thirty-five hours per week or no  more  than  two
    48  thousand  five  hundred dollars for each qualified employee the employer
    49  employs in a part-time job or internship of at least twenty  to  thirty-
    50  four  hours  per  week.  A  taxpayer that is a partner in a partnership,
    51  member of a limited liability company or shareholder in an S corporation
    52  that has been certified by the commissioner of labor and the superinten-
    53  dent of financial services as a qualified employer pursuant  to  section
    54  twenty-five-d  of  the  labor law shall be allowed its pro rata share of
    55  the credit earned by the partnership, limited  liability  company  or  S
    56  corporation.  For  purposes  of  this  subsection,  the  term "qualified

        A. 5068                             4
     1  employee" shall have the same meaning as set forth in subdivision (b) of
     2  section twenty-five-d of the  labor  law.  The  portion  of  the  credit
     3  described  in  this  paragraph  shall be allowed for the taxable year in
     4  which the wages are paid to the qualified employee.
     5    (2)  If the amount of the credit allowed under this subsection exceeds
     6  the taxpayer's tax for the taxable year, any amount of credit not deduc-
     7  tible in that taxable year will be treated as an overpayment of  tax  to
     8  be credited or refunded in accordance with the provisions of section six
     9  hundred  eighty-six of this article. Provided, however, no interest will
    10  be paid thereon.
    11    (3) The taxpayer may be required to  attach  to  its  tax  return  its
    12  certificate  of eligibility issued by the commissioner of labor pursuant
    13  to section twenty-five-d of the labor law. In no event shall the taxpay-
    14  er be allowed a credit greater than the amount of the credit  listed  on
    15  the  certificate  of  eligibility. Notwithstanding any provision of this
    16  chapter to the contrary, the commissioner and the commissioner's  desig-
    17  nees  may  release the names and addresses of any taxpayer claiming this
    18  credit and the amount of the credit earned by  the  taxpayer.  Provided,
    19  however,  if  a  taxpayer claims this credit because it is a member of a
    20  limited liability company, a partner in a partnership, or a  shareholder
    21  in  a  subchapter S corporation, only the amount of credit earned by the
    22  entity and not the amount of credit  claimed  by  the  taxpayer  may  be
    23  released.
    24    § 4. This act shall take effect immediately.
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