Bill Text: NY A08284 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates a tax credit for employment of persons on probation or parole.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-01-04 - referred to ways and means [A08284 Detail]

Download: New_York-2011-A08284-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8284
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 10, 2011
                                      ___________
       Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
         tee 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-s to
    2  read as follows:
    3    S 187-S. 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  ONE HUNDRED EIGHTY-ONE, ONE HUNDRED EIGHTY-SIX-A AND ONE HUNDRED  EIGHT-
    8  Y-SIX-E  OF  THIS  ARTICLE,  FOR  EMPLOYING WITHIN THE STATE A QUALIFIED
    9  EMPLOYEE. PROVIDED, HOWEVER,  THE  AMOUNT  OF  CREDIT  ALLOWED  BY  THIS
   10  SECTION  AGAINST  THE  TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF
   11  THIS ARTICLE SHALL BE THE EXCESS  OF  THE  CREDIT  COMPUTED  UNDER  THIS
   12  SECTION  OVER  THE  AMOUNT OF CREDIT ALLOWED BY THIS SECTION AGAINST THE
   13  TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-THREE OF THIS 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.
                                                                  LBD13016-01-1
       A. 8284                             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 OR ONE
   18  HUNDRED EIGHTY-FIVE OF THIS ARTICLE. IF, HOWEVER, THE AMOUNT  OF  CREDIT
   19  ALLOWABLE  UNDER  THIS  SECTION  FOR ANY TAXABLE YEAR REDUCES THE TAX TO
   20  SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN  SUCH  TAXABLE  YEAR
   21  MAY  BE  CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED
   22  FROM THE TAXPAYER'S TAX FOR 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    S 2. This act shall take effect immediately.