Bill Text: NY S04090 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to establishing a job creation tax credit; provides that the amount of the credit shall be six percent of the total amount of wages paid to the qualified employee during the employee's first six months of employment and if the qualified employee was receiving unemployment insurance benefits at the time of hire for a minimum of thirteen weeks or is employed directly in the manufacturing process in an eligible industry, the amount of the credit shall be twelve percent of the total amount of wages paid to the qualified employee during the employee's first six months of employment; caps the credit at $750 for any qualified employee and $1500 for any qualified employee who was receiving unemployment insurance benefits at the time of hire for a minimum of thirteen weeks or who is employed directly in the manufacturing process in an eligible industry.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Engrossed - Dead) 2018-05-15 - REPORTED AND COMMITTED TO FINANCE [S04090 Detail]

Download: New_York-2017-S04090-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4090
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 3, 2017
                                       ___________
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the tax law, in relation to establishing a job  creation
          tax credit
          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 43  to  read
     2  as follows:
     3    §  43.  Job  creation tax credit. (a) Allowance of credit. A taxpayer,
     4  which is subject to tax under article nine-A or twenty-two of this chap-
     5  ter and which creates a new full time position, shall be allowed a cred-
     6  it against such tax. The amount of the credit allowed under this section
     7  shall be seven hundred fifty dollars for each  new  full  time  position
     8  filled for at least six months during the tax year. The credit shall not
     9  be for more than thirty new full time positions per tax year.
    10    (b)  Agricultural  commodities enhancement. If the new full time posi-
    11  tion is created in a business which adds value to  agricultural  commod-
    12  ities  through  manufacturing or processing, an additional seven hundred
    13  fifty dollar credit per new full time position will be allowed.
    14    (c) Manufacturing enhancement.  If  the  new  full  time  position  is
    15  created  in  a manufacturing business, an additional seven hundred fifty
    16  dollar credit per new full time position  will  be  allowed.    For  the
    17  purposes  of  this  subdivision,  "manufacturing  business" shall mean a
    18  business principally engaged in the production of goods  by  manufactur-
    19  ing,  processing,  assembling,  refining,  mining,  extracting, farming,
    20  agriculture, horticulture, floriculture, viticulture or commercial fish-
    21  ing.
    22    (d) Unemployment enhancement. If a new employee  was  receiving  unem-
    23  ployment  insurance  benefits  at  the  time of hire, the credit allowed
    24  under this section shall be increased to one thousand dollars.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06532-03-7

        S. 4090                             2
     1    (e) Definitions. As used in this section, the  following  terms  shall
     2  have the following meanings:
     3    (1)  "new  employee" shall mean any full time employee that causes the
     4  total number of employees to increase above base  employment  or  credit
     5  employment, whichever is higher.
     6    (2) "base year" shall mean calendar year two thousand seventeen.
     7    (3)  "base  employment"  shall  mean  the  average number of full time
     8  employees or full time equivalent employees during the base year. For  a
     9  new business, base employment shall begin at zero.
    10    (4)  "credit employment" shall mean base employment plus the number of
    11  new employees for which a credit is earned for the prior tax years.
    12    § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
    13  sion 49 to read as follows:
    14    49.  Job creation tax credit. (a) Allowance of credit. A taxpayer will
    15  be allowed a credit, to be computed as provided in  section  forty-three
    16  of this chapter, against the tax imposed by this article.
    17    (b)  Application  of credit. The credit allowed under this subdivision
    18  for any taxable year may not reduce the tax due for such  year  to  less
    19  than  the  higher of the amounts prescribed in paragraph (d) of subdivi-
    20  sion one of section two hundred ten of this  article.  However,  if  the
    21  amount  of  credit  allowed  under this subdivision for any taxable year
    22  reduces the tax to such amount, any amount of credit thus not deductible
    23  in such taxable year will be treated as an  overpayment  of  tax  to  be
    24  credited  or  refunded  in accordance with the provisions of section one
    25  thousand eighty-six of this chapter. Provided, however,  the  provisions
    26  of  subsection  (c) of section one thousand eighty-eight of this chapter
    27  notwithstanding, no interest will be paid thereon.
    28    § 3. Section 606 of the tax law is amended by adding a new  subsection
    29  (ccc) to read as follows:
    30    (ccc)  Job creation tax credit. (1) A taxpayer will be allowed a cred-
    31  it, to the extent allowed under section  forty-three  of  this  chapter,
    32  against the tax imposed by this article.
    33    (2)  If the amount of the credit allowed under this subsection for any
    34  taxable year exceeds the taxpayer's tax for such year, the  excess  will
    35  be  treated  as  an  overpayment  of  tax  to be credited or refunded in
    36  accordance with the provisions of section six hundred eighty-six of this
    37  article, provided, however, that no interest will be paid thereon.
    38    § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    39  of  the  tax  law  is  amended by adding a new clause (xliii) to read as
    40  follows:
    41  (xliii) Job creation tax credit         Amount of credit under
    42  under subsection (ccc)                  subdivision forty-nine of section
    43                                          two hundred ten-B of this chapter
    44    § 5. This act shall take effect immediately and shall apply to taxable
    45  years beginning on or after January 1, 2017.
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