Bill Text: NY S03981 | 2021-2022 | General Assembly | Amended


Bill Title: Establishes a legal services veterans tax credit of up to $1,500 for any attorney who performs a minimum of fifty hours of pro bono legal services to a veteran or disabled veteran during a taxable year; provides that such services shall include, but not be limited to, veteran's benefits and appeals, military discharges and upgrades, public benefits, evictions and foreclosures, and consumer debt issues.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2022-03-07 - REPORTED AND COMMITTED TO FINANCE [S03981 Detail]

Download: New_York-2021-S03981-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3981--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 1, 2021
                                       ___________

        Introduced  by  Sens. REICHLIN-MELNICK, ADDABBO, BORRELLO, BROOKS, MYRIE
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Budget and Revenue -- recommitted to the Committee on
          Budget and Revenue in accordance with Senate Rule 6, sec. 8 -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee

        AN  ACT  to  amend  the  tax  law,  in  relation to establishing a legal
          services veterans tax credit for attorneys who perform  certain  civil
          cases and services for veterans and disabled veterans

          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 55 to read as follows:
     3    55.  Legal services veterans tax credit. (a) General. A taxpayer shall
     4  be allowed a credit, to be computed as  provided  in  this  subdivision,
     5  against  the tax imposed by this article for any attorney who performs a
     6  minimum of fifty hours of pro bono legal services for civil cases  to  a
     7  veteran  or  disabled veteran during a taxable year. Such services shall
     8  include, but not be limited to, veteran's benefits and appeals, military
     9  discharges and upgrades, public benefits,  evictions  and  foreclosures,
    10  and consumer debt issues.
    11    (b)  Amount  of  credit. A credit authorized by this section shall not
    12  exceed one thousand five hundred dollars annually.
    13    (c) Carryovers. The credit  allowed  under  this  subdivision  may  be
    14  claimed  and  if not fully used in the initial year for which the credit
    15  is claimed may be carried over, in order, to each of the ten  succeeding
    16  taxable years. The credit authorized by this subdivision may not be used
    17  to reduce the tax liability of the credit claimant below zero.
    18    (d)  Definitions.  As  used  in  this subdivision, the following terms
    19  shall have the following meanings:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08366-02-2

        S. 3981--A                          2

     1    (i) "Veteran" shall have the same meaning  as  set  forth  in  section
     2  eighty-five of the civil service law.
     3    (ii)  "Disabled  veteran"  shall have the same meaning as set forth in
     4  section eighty-five of the civil service law.
     5    § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
     6  of  the  tax  law  is  amended  by adding a new clause (xlvi) to read as
     7  follows:

     8  (xlvi) Legal services veterans tax   Amount of credit under subdivision
     9  credit under subsection (nnn)        fifty-five of section two
    10                                       hundred ten-B

    11    § 3. Section 606 of the tax law is amended by adding a new  subsection
    12  (nnn) to read as follows:
    13    (nnn)  Legal  services  veterans  tax  credit. (1) General. A taxpayer
    14  shall  be  allowed  a  credit,  to  be  computed  as  provided  in  this
    15  subsection, against the tax imposed by this article for any attorney who
    16  performs  a  minimum of fifty hours of pro bono legal services for civil
    17  cases to a veteran or disabled  veteran  during  a  taxable  year.  Such
    18  services  shall  include,  but not be limited to, veteran's benefits and
    19  appeals, military discharges and upgrades,  public  benefits,  evictions
    20  and foreclosures, and consumer debt issues.
    21    (2) Amount of credit. A credit authorized by this subsection shall not
    22  exceed one thousand five hundred dollars annually.
    23    (3)  Carryovers.  The  credit  allowed  under  this  subsection may be
    24  claimed and if not fully used in the initial year for which  the  credit
    25  is  claimed may be carried over, in order, to each of the ten succeeding
    26  taxable years. The credit authorized by this subsection may not be  used
    27  to reduce the tax liability of the credit claimant below zero.
    28    (4) Definitions. As used in this subsection, the following terms shall
    29  have the following meanings:
    30    (i)  "Veteran"  shall  have  the  same meaning as set forth in section
    31  eighty-five of the civil service law.
    32    (ii) "Disabled veteran" shall have the same meaning as  set  forth  in
    33  section eighty-five of the civil service law.
    34    §  4.  The  attorney  general shall promulgate any necessary rules and
    35  regulations that define which civil cases and services qualify  for  the
    36  credit,  as  well  as  procedures  for  the screening and review of hour
    37  submissions by attorneys.   The commissioner  of  taxation  and  finance
    38  shall  promulgate  any necessary rules and regulations pertaining to the
    39  submission of qualifying hours by attorneys.
    40    § 5. This act shall take effect immediately and shall apply to taxable
    41  years beginning on or after January 1, 2022.
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