Bill Text: NY A08674 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to offering a tax credit to employers who pay for their employees to acquire an associate of applied science in computer security from a SUNY or CUNY school.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A08674 Detail]

Download: New_York-2017-A08674-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8674
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                   September 25, 2017
                                       ___________
        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on Ways and Means
        AN  ACT  to  amend  the tax law, in relation to offering a tax credit to
          employers who pay for their  employees  to  acquire  an  associate  of
          applied science in computer security from a SUNY or CUNY school
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 210-B of the tax law is amended  by  adding  a  new
     2  subdivision 53 to read as follows:
     3    53. Employee cyber security education credit. (a) For purposes of this
     4  subdivision:
     5    (i) "employee" shall mean a person who is a resident of New York state
     6  who is employed by the taxpayer;
     7    (ii)  "education  costs"  shall  mean  tuition,  fees, and the cost of
     8  required books and materials;
     9    (iii) "qualifying degree" shall mean an associate of  applied  science
    10  degree with a major in cyber security; and
    11    (iv)  "qualifying  school" shall mean any state university of New York
    12  or city university of New York school who offers a qualifying degree  as
    13  defined in subparagraph (iii) of this paragraph.
    14    (b)  Allowance  of credit. A taxpayer shall be allowed a credit, to be
    15  computed as provided in paragraph (c) of this subdivision,  against  the
    16  tax imposed by this article, if it provides for payment, on behalf of an
    17  employee,  of  all  education  costs  relating to receiving a qualifying
    18  degree from a qualifying school.
    19    (c) Amount of credit. The credit allowed pursuant to paragraph (b)  of
    20  this  subdivision shall be in an amount equal to the taxpayer's payment,
    21  on behalf of an employee, of education costs  relating  to  receiving  a
    22  qualifying  degree  from a qualifying school. Provided, however, that no
    23  such credit allowed under this subdivision shall  exceed  five  thousand
    24  dollars for each such employee employed by such taxpayer.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13386-01-7

        A. 8674                             2
     1    (d)  Application  of credit. The credit allowed under this subdivision
     2  for any taxable year shall not reduce the tax due for such year to  less
     3  than  the  amount  prescribed  in  paragraph  (d)  of subdivision one of
     4  section two hundred ten of this article.  If,  however,  the  amount  of
     5  credits  allowed under this subdivision for any taxable year reduces the
     6  tax to such amount, any amount of credit thus  not  deductible  in  such
     7  taxable year shall be treated as an overpayment of tax to be credited or
     8  refunded  in  accordance  with  the  provisions  of section one thousand
     9  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
    10  subsection  (c)  of  section  one  thousand eighty-eight of this chapter
    11  notwithstanding, no interest shall be paid thereon.
    12    § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    13  of  the  tax  law  is  amended  by adding a new clause (xliv) to read as
    14  follows:
    15  (xliv) Employee cyber security       Amount of credit
    16  education credit                     under subdivision
    17  under subsection (iii)               fifty-three of section
    18                                       two hundred ten-B
    19    § 3. Section 606 of the tax law is amended by adding a new  subsection
    20  (iii) to read as follows:
    21    (iii)  Employee  cyber  security education credit. (1) For purposes of
    22  this subsection:
    23    (A) "employee" shall mean a person who is a resident of New York state
    24  who is employed by the taxpayer;
    25    (B) "education costs" shall  mean  tuition,  fees,  and  the  cost  of
    26  required books and materials;
    27    (C)  "qualifying  degree"  shall  mean an associate of applied science
    28  degree with a major in cyber security; and
    29    (D) "qualifying school" shall mean any state university of New York or
    30  city university of New York school who offers  a  qualifying  degree  as
    31  defined in subparagraph (C) of this paragraph.
    32    (2)  Allowance  of credit. A taxpayer shall be allowed a credit, to be
    33  computed as provided in paragraph three of this subsection, against  the
    34  tax imposed by this article, if it provides for payment, on behalf of an
    35  employee,  of  all  education  costs  relating to receiving a qualifying
    36  degree from a qualifying school.
    37    (3) Amount of credit. The credit allowed pursuant to paragraph two  of
    38  this  subsection  shall be in an amount equal to the taxpayer's payment,
    39  on behalf of an employee, of education costs  relating  to  receiving  a
    40  qualifying  degree  from a qualifying school. Provided, however, that no
    41  such credit allowed under this subsection  shall  exceed  five  thousand
    42  dollars for each such employee employed by such taxpayer.
    43    (4)  Application  of credit. If the amount of the credit allowed under
    44  this subsection for any taxable year shall exceed the taxpayer's tax for
    45  such year, the excess shall be treated as an overpayment of  tax  to  be
    46  credited  or  refunded  in accordance with the provisions of section six
    47  hundred eighty-six of this article, provided, however, that no  interest
    48  shall be paid thereon.
    49    § 4. This act shall take effect immediately and shall apply to taxable
    50  years  beginning  on  and after the first of January next succeeding the
    51  date on which it shall have become a law.
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