STATE OF NEW YORK
        ________________________________________________________________________
                                          5296
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2017
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Ways and Means
        AN ACT to amend the tax law, in relation to the empire state child cred-
          it
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph 1 of subsection (c-1) of section 606 of the tax
     2  law, as amended by section 1 of part L-1 of chapter 109 of the  laws  of
     3  2006, is amended to read as follows:
     4    (1)  A  resident taxpayer shall be allowed a credit as provided herein
     5  equal to the greater of one hundred dollars times the number of qualify-
     6  ing children of the taxpayer or the applicable percentage of  the  child
     7  tax  credit allowed the taxpayer under section twenty-four of the inter-
     8  nal revenue code for the same taxable year for  each  qualifying  child.
     9  Provided,  however,  in  the  case  of a taxpayer whose federal adjusted
    10  gross income exceeds  the  applicable  threshold  amount  set  forth  by
    11  section  24(b)(2) of the Internal Revenue Code, the credit shall only be
    12  equal to the applicable percentage of the child tax credit  allowed  the
    13  taxpayer under section 24 of the Internal Revenue Code for each qualify-
    14  ing child. For the purposes of this subsection, a qualifying child shall
    15  be  a  child  who  meets the definition of qualified child under section
    16  24(c) of the internal revenue code [and is at least four years of  age].
    17  The applicable percentage shall be thirty-three percent.
    18    §  2.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law and shall apply to taxable years beginning on or after
    20  January 1, 2017.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07070-01-7