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.