Bill Text: NY S00523 | 2019-2020 | General Assembly | Introduced


Bill Title: Increases the personal income tax credit for certain household and dependent care services necessary for gainful employment during tax years commencing on or after 2019.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00523 Detail]

Download: New_York-2019-S00523-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           523
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sens. CARLUCCI, SAVINO -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and Government Operations
        AN  ACT  to  amend  the  tax law, in relation to the personal income tax
          credit for certain household and dependent care services necessary for
          gainful employment
          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) of section 606 of the tax
     2  law, as amended by section 1 of part M of chapter  63  of  the  laws  of
     3  2000, is amended to read as follows:
     4    (1)  A  taxpayer shall be allowed a credit as provided herein equal to
     5  the applicable percentage of the credit allowable under section  twenty-
     6  one  of  the  internal  revenue  code for the same taxable year (without
     7  regard to whether the taxpayer in fact claimed  the  credit  under  such
     8  section  twenty-one  for  such  taxable year). The applicable percentage
     9  shall be the sum of (i) twenty percent and (ii) a multiplier  multiplied
    10  by  a  fraction. For taxable years beginning in nineteen hundred ninety-
    11  six and nineteen hundred ninety-seven, the numerator  of  such  fraction
    12  shall  be the lesser of (i) four thousand dollars or (ii) fourteen thou-
    13  sand dollars less the New York adjusted gross  income  for  the  taxable
    14  year,  provided, however, the numerator shall not be less than zero. For
    15  the taxable year beginning in nineteen hundred ninety-eight, the numera-
    16  tor of such fraction shall  be  the  lesser  of  (i)  thirteen  thousand
    17  dollars or (ii) thirty thousand dollars less the New York adjusted gross
    18  income  for the taxable year, provided, however, the numerator shall not
    19  be less than zero. For taxable years beginning in nineteen hundred nine-
    20  ty-nine, the numerator of such fraction  shall  be  the  lesser  of  (i)
    21  fifteen  thousand  dollars  or  (ii) fifty thousand dollars less the New
    22  York adjusted gross income for the taxable year, provided, however,  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00886-01-9

        S. 523                              2
     1  numerator shall not be less than zero. For taxable years beginning after
     2  nineteen  hundred  ninety-nine,  the numerator of such fraction shall be
     3  the lesser of (i) fifteen thousand dollars or (ii)  sixty-five  thousand
     4  dollars  less  the  New York adjusted gross income for the taxable year,
     5  provided, however, the numerator shall not  be  less  than  zero.    The
     6  denominator  of such fraction shall be four thousand dollars for taxable
     7  years beginning in nineteen  hundred  ninety-six  and  nineteen  hundred
     8  ninety-seven,  thirteen  thousand dollars for the taxable year beginning
     9  in nineteen hundred ninety-eight, and fifteen thousand dollars for taxa-
    10  ble years beginning after nineteen hundred ninety-eight. The  multiplier
    11  shall  be  ten  percent  for taxable years beginning in nineteen hundred
    12  ninety-six, forty  percent  for  taxable  years  beginning  in  nineteen
    13  hundred  ninety-seven,  and  eighty  percent for taxable years beginning
    14  after nineteen hundred  ninety-seven.  Provided,  however,  for  taxable
    15  years  beginning  after nineteen hundred ninety-nine, for a person whose
    16  New York adjusted gross income is less than forty thousand dollars, such
    17  applicable percentage shall be equal to (i) one  hundred  percent,  plus
    18  (ii)  ten  percent multiplied by a fraction whose numerator shall be the
    19  lesser of [(i)] (A) fifteen thousand dollars or [(ii)] (B)  forty  thou-
    20  sand  dollars  less  the  New York adjusted gross income for the taxable
    21  year, provided such numerator shall not be less  than  zero,  and  whose
    22  denominator  shall  be fifteen thousand dollars. Provided, further, that
    23  [if] for taxable years beginning on or after January first, two thousand
    24  nineteen, the amount of credit calculated pursuant  to  this  subsection
    25  shall  be  increased  by an additional fifty percent; provided, however,
    26  that the credit provided for in this subsection shall not  be  available
    27  to  taxpayers  who file jointly with adjusted gross incomes in excess of
    28  three hundred fifty thousand dollars, to taxpayers who file as heads  of
    29  households  with adjusted gross incomes in excess of three hundred thou-
    30  sand dollars, and to taxpayers  who  file  singly  with  adjusted  gross
    31  incomes  in  excess of one hundred seventy-five thousand dollars. If the
    32  reversion event, as defined in this paragraph,  occurs,  the  applicable
    33  percentage shall, for taxable years ending on or after the date on which
    34  the reversion event occurred, be determined using the rules specified in
    35  this paragraph applicable to taxable years beginning in nineteen hundred
    36  ninety-nine. The reversion event shall be deemed to have occurred on the
    37  date  on which federal action, including but not limited to, administra-
    38  tive, statutory or regulatory changes, materially reduces or  eliminates
    39  New  York  state's  allocation  of  the federal temporary assistance for
    40  needy families block grant, or materially reduces  the  ability  of  the
    41  state  to  spend  federal  temporary assistance for needy families block
    42  grant funds for the credit for  certain  household  and  dependent  care
    43  services necessary for gainful employment or to apply state general fund
    44  spending on the credit for certain household and dependent care services
    45  necessary  for  gainful  employment  toward the temporary assistance for
    46  needy families block grant maintenance of effort  requirement,  and  the
    47  commissioner  of the office of temporary and disability assistance shall
    48  certify the date of such event to the commissioner, the director of  the
    49  division  of  the  budget, the speaker of the assembly and the temporary
    50  president of the senate.
    51    § 2. This act shall take effect immediately and shall apply to taxable
    52  years beginning on or after January 1, 2019.
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