Bill Text: NY A07417 | 2015-2016 | General Assembly | Introduced


Bill Title: Enacts the "hire veterans now act", which establishes a tax credit for employers who hire certain veterans for a period of one year.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2016-01-06 - referred to ways and means [A07417 Detail]

Download: New_York-2015-A07417-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7417
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 11, 2015
                                      ___________
       Introduced by M. of A. CUSICK, ABBATE, COLTON, GUNTHER, JAFFEE, LUPARDO,
         MAGNARELLI,  ROBINSON,  ROSENTHAL, RUSSELL, TITONE, CAHILL, ZEBROWSKI,
         BRENNAN, GALEF, BARRETT, BRINDISI, SANTABARBARA -- Multi-Sponsored  by
         --  M.  of  A. MAGEE, SCHIMEL, SIMANOWITZ -- read once and referred to
         the Committee on Ways and Means
       AN ACT to amend the tax law, in relation to enacting the "hire  veterans
         now act"; and providing for the repeal of such provisions upon expira-
         tion thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and  may  be  cited  as  the  "hire
    2  veterans now act".
    3    S  2. Section 210-B of the tax law is amended by adding a new subdivi-
    4  sion 29-a to read as follows:
    5    29-A.  CREDIT FOR HIRING UNEMPLOYED VETERANS. (A) A TAXPAYER SHALL  BE
    6  ALLOWED  A  CREDIT,  TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE
    7  TAX IMPOSED BY THIS ARTICLE, FOR HIRING QUALIFIED  INDIVIDUALS  AND  FOR
    8  THE RETENTION OF SUCH INDIVIDUALS FOR A PERIOD OF ONE YEAR.
    9    (B)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
   10  THE FOLLOWING MEANINGS:
   11    (1) "QUALIFIED EMPLOYER" MEANS ANY EMPLOYER OTHER  THAN  THE  FEDERAL,
   12  STATE OR LOCAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF;
   13    (2) "QUALIFIED INDIVIDUAL" MEANS ANY INDIVIDUAL RESIDING IN THIS STATE
   14  WHO:
   15    (A)  IS  A  VETERAN  AS  DEFINED IN SUBDIVISION THREE OF SECTION THREE
   16  HUNDRED FIFTY OF THE EXECUTIVE LAW;
   17    (B) BEGINS EMPLOYMENT WITH A QUALIFIED EMPLOYER AFTER  JANUARY  FIRST,
   18  TWO THOUSAND FIFTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN;
   19    (C)  CERTIFIES  BY A SIGNED AFFIDAVIT, UNDER THE PENALTIES OF PERJURY,
   20  THAT SUCH INDIVIDUAL HAS NOT BEEN EMPLOYED FOR  MORE  THAN  FORTY  HOURS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10622-01-5
       A. 7417                             2
    1  DURING  THE  SIXTY  DAY PERIOD ENDING ON THE DATE SUCH INDIVIDUAL BEGINS
    2  SUCH EMPLOYMENT; AND
    3    (D)  IS  NOT  EMPLOYED  BY  THE  QUALIFIED EMPLOYER TO REPLACE ANOTHER
    4  EMPLOYEE OF SUCH EMPLOYER UNLESS  SUCH  OTHER  EMPLOYEE  SEPARATED  FROM
    5  EMPLOYMENT VOLUNTARILY OR FOR CAUSE;
    6    (3) "RETAINED WORKER" MEANS ANY QUALIFIED INDIVIDUAL:
    7    (A)  WHO  WAS  EMPLOYED BY THE TAXPAYER ON ANY DATE DURING THE TAXABLE
    8  YEAR;
    9    (B) WHO WAS SO EMPLOYED BY THE TAXPAYER FOR A PERIOD OF NOT LESS  THAN
   10  FIFTY-TWO CONSECUTIVE WEEKS;
   11    (C)  WAS  EMPLOYED  FULL  TIME, NOT LESS THAN THIRTY-FIVE HOURS A WEEK
   12  DURING THE FIFTY-TWO CONSECUTIVE WEEKS PERIOD; AND
   13    (D) WHOSE WAGES FOR SUCH EMPLOYMENT DURING THE LAST  TWENTY-SIX  WEEKS
   14  OF  SUCH  PERIOD  EQUALED  AT LEAST EIGHTY PERCENT OF SUCH WAGES FOR THE
   15  FIRST TWENTY-SIX WEEKS FOR SUCH PERIOD.
   16    (C) THE AMOUNT OF  THE  CREDIT  SHALL  BE  ONE  THOUSAND  DOLLARS  PER
   17  RETAINED WORKER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
   18  BLE  YEAR  SHALL  NOT  REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
   19  HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D)  OF  SUBDIVI-
   20  SION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE.  PROVIDED, HOWEVER,
   21  THAT  IF  THE  AMOUNT  OF  CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY
   22  TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT  OF  CREDIT  NOT
   23  DEDUCTIBLE  IN  SUCH  TAXABLE  YEAR MAY BE CARRIED OVER TO THE FOLLOWING
   24  YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH  YEAR
   25  OR YEARS.
   26    S  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
   27  of the tax law is amended by adding a new  clause  (xliii)  to  read  as
   28  follows:
   29  (XLIII) CREDIT FOR HIRING            AMOUNT OF CREDIT UNDER SUBDIVISION
   30  UNEMPLOYED VETERANS                  TWENTY-NINE-A OF SECTION TWO
   31                                       HUNDRED TEN-B
   32    S 4.  Section 606 of the tax law is amended by adding a new subsection
   33  (eee) to read as follows:
   34    (EEE)  CREDIT  FOR  HIRING  UNEMPLOYED  VETERANS.  A TAXPAYER SHALL BE
   35  ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE  TAX  IMPOSED  BY
   36  THIS  ARTICLE,  FOR  THE  HIRING OF QUALIFIED INDIVIDUALS, AS DEFINED IN
   37  SUBDIVISION TWENTY-NINE-A OF SECTION TWO HUNDRED TEN-B OF  THIS  CHAPTER
   38  AND  THE  RETENTION  OF  SUCH  INDIVIDUALS FOR A PERIOD OF ONE YEAR. THE
   39  AMOUNT OF THE CREDIT SHALL BE ONE THOUSAND DOLLARS PER RETAINED  WORKER.
   40  IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL EXCEED THE
   41  TAXPAYER'S  TAX  FOR  SUCH  YEAR,  THE EXCESS MAY BE CARRIED OVER TO THE
   42  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX  FOR
   43  SUCH YEAR OR YEARS.
   44    S  5.  Section 1511 of the tax law is amended by adding a new subdivi-
   45  sion (dd) to read as follows:
   46    (DD) CREDIT FOR HIRING UNEMPLOYED VETERANS. (1) A  TAXPAYER  SHALL  BE
   47  ALLOWED  A  CREDIT  AS  HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY
   48  THIS ARTICLE, FOR THE HIRING OF QUALIFIED  INDIVIDUALS,  AS  DEFINED  IN
   49  SUBDIVISION  TWENTY-NINE-A  OF SECTION TWO HUNDRED TEN-B OF THIS CHAPTER
   50  AND THE RETENTION OF SUCH INDIVIDUALS FOR A  PERIOD  OF  ONE  YEAR.  THE
   51  AMOUNT OF THE CREDIT SHALL BE ONE THOUSAND DOLLARS PER RETAINED WORKER.
   52    (2)  THE  CREDIT  ALLOWED  UNDER  THIS SUBSECTION FOR ANY TAXABLE YEAR
   53  SHALL NOT REDUCE THE TAX TO LESS THAN THE  MINIMUM  TAX  FIXED  BY  THIS
   54  ARTICLE.    HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVI-
   55  SION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT  OF
   56  CREDIT  THUS  NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO
       A. 7417                             3
    1  THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S  TAX
    2  FOR SUCH YEAR OR YEARS.
    3    S  6.  This  act  shall take effect on the sixtieth day after it shall
    4  have become a law and shall apply to  taxable  years  commencing  on  or
    5  after  January  1,  2015;  provided  however, that this act shall expire
    6  January 1, 2017 when upon such date the provisions of this act shall  be
    7  deemed repealed.
feedback