Bill Text: NY S01636 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes the "caregiver's assistance act"; allows a personal income tax credit equal to twenty percent of qualified care expenses or five hundred fifty-five dollars, whichever is less, for the taxable year that is paid by taxpayer for the care of a qualifying senior family member.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-06 - REPORTED AND COMMITTED TO FINANCE [S01636 Detail]
Download: New_York-2017-S01636-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1636--A 2017-2018 Regular Sessions IN SENATE January 10, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- reported favorably from said committee and commit- ted to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to establishing the "caregiver's assistance act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "caregiver's assistance act". 3 § 2. Section 606 of the tax law is amended by adding a new subsection 4 (jjj) to read as follows: 5 (jjj) Elder care credit. (1) A taxpayer shall be allowed a credit 6 against the tax imposed by this article for qualified care expenses paid 7 by the taxpayer for the care of a qualifying senior family member. The 8 amount of the credit shall equal the lesser of twenty percent of the 9 qualified care expenses paid by the taxpayer during the taxable year or 10 five hundred fifty-five dollars, whichever is less. If the credit or 11 credits provided pursuant to this section shall exceed the taxpayer's 12 tax for such taxable year, the excess shall be treated as an overpayment 13 of tax to be credited or refunded in accordance with the provisions of 14 section six hundred eighty-six of this article, provided, however, that 15 no interest shall be paid thereon. No credit shall be granted under 16 this subsection if (i) the taxpayer's New York adjusted gross income is 17 greater than forty-five thousand dollars for a single taxpayer or sixty 18 thousand dollars for married taxpayers, or (ii) if the taxpayer has 19 claimed the credit authorized in subsection (c) of this section for 20 qualified care expenses paid for the care of a qualifying senior family 21 member. 22 (2) As used in this subsection: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03691-03-7S. 1636--A 2 1 (A) "Taxpayer" shall mean a resident taxpayer, but shall not include a 2 a part-year resident taxpayer. 3 (B) "Qualifying senior family member" shall mean a person who resided 4 with the taxpayer for at least six months during the taxable year for 5 which credit is claimed, is within the third degree of consanguinity to 6 the taxpayer, is at least sixty years of age on or before December 7 thirty-first of the taxable year for which credit is claimed and has a 8 New York adjusted gross income for the taxably year for which credit is 9 claimed of thirteen thousand dollars or less for a single family member 10 or twenty thousand dollars or less for a senior family member and his or 11 her spouse. A qualifying senior family member includes a person who 12 otherwise meets the qualifications specified in the preceding sentence 13 but who occupies a separate room or rooms in or at the residence of the 14 taxpayer, such as those commonly referred to as mother-in-law apart- 15 ments, but shall not include a tenant, subtenant, roomer or boarder who 16 pays a lease or rental fee to the taxpayer for the space. 17 (C) "Qualified care expenses" shall mean payments made by the taxpayer 18 for goods and services necessary to allow the qualifying senior family 19 member to be maintained in the taxpayer's residence that are: (i) 20 provided to or for the benefit of the qualifying senior family member or 21 to assist the taxpayer in caring for the qualifying senior family member 22 and may be provided by an organization or an individual not related to 23 the taxpayer or the qualifying senior family member; and (ii) not 24 compensated for by insurance or federal or state programs. Such expenses 25 include, but not be limited to, home health agency services, adult day 26 care, companionship services, personal care attendant services, homemak- 27 er services, respite care, health care equipment and supplies, home 28 modification, or any other services necessary to provide assistance in 29 two or more activities in daily living. 30 (3) When two or more taxpayers who do not file joint tax returns may 31 claim credit for the same qualifying senior family member or members 32 pursuant to this subsection, the credit or credits shall be equally 33 divided between or among such individuals unless such individuals file 34 with the commissioner a written agreement setting forth a different 35 division. 36 (4) The commissioner may require a taxpayer to furnish as support of 37 his or her claim for credit under this subsection receipts for qualified 38 care expenses or other such proofs of payment as shall satisfy the 39 commissioner. 40 § 3. This act shall take effect immediately and shall apply to all 41 taxable years beginning on and after January first, two thousand nine- 42 teen.
