Bill Text: NY S09459 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides employers with a tax credit in an amount not to exceed 20% of expenses incurred in providing day care services to the children and wards of its employees and in training persons employed by the taxpayer or a third party provider rendering such services; provides that to receive such credit the facility or program rendering day care services must be licensed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-15 - REFERRED TO BUDGET AND REVENUE [S09459 Detail]
Download: New_York-2023-S09459-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9459 IN SENATE May 15, 2024 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law, in relation to providing credits against the tax imposed upon employers providing certain day care services to the children of its employees 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 61 to read as follows: 3 61. Employer day care credit. (a) A taxpayer shall be allowed a credit 4 against the tax imposed by this article to the extent of twenty percent 5 of the expenses incurred during a taxable year by the taxpayer in making 6 available day care services to the children and wards of employees and 7 in training persons employed by the taxpayer or by a third-party provid- 8 er rendering such services. A taxpayer may make such services available 9 as follows: 10 (1) pursuant to a written contract with a third-party provider; 11 (2) by reimbursing an employee for expenses incurred by the employee 12 for such services; or 13 (3) by providing on-site or near-site day care services. 14 In no event shall the amount of such credit exceed the amount of tax 15 otherwise due pursuant to this article for any taxable year. 16 (b) (1) No such credit shall be allowed to a taxpayer who unfairly 17 discriminates against any employee on the basis of race, creed, reli- 18 gion, sex, national origin, age, disability, or marital status in making 19 available day care services. 20 (2) A taxpayer may give a preference to children or wards of employees 21 for whom obtaining or maintaining gainful employment is contingent upon 22 the availability of day care services for such children or wards, in 23 providing services qualifying for a credit hereunder. 24 (c) No such credit shall be allowed to a taxpayer unless the facility 25 or program rendering day care services is licensed by and subject to the 26 regulations of the department of family assistance or the human 27 resources administration governing day care facilities in New York city. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00311-02-4S. 9459 2 1 (d) No such credit shall be allowed to a taxpayer if the facility or 2 program rendering day care services admits, during regular school hours, 3 children who are subject to the provisions of the education law with 4 regard to compulsory school attendance. 5 § 2. Section 1511 of the tax law is amended by adding a new subdivi- 6 sion (ff) to read as follows: 7 (ff) Employer day care credit. (1) A taxpayer shall be allowed a cred- 8 it against the tax imposed by this article to the extent of twenty 9 percent of the expenses incurred during the taxable year by the taxpayer 10 in making available day care services to the children and wards of 11 employees and in training persons employed by the taxpayer or by a 12 third-party provider rendering such services. A taxpayer may make such 13 services available as follows: 14 (A) pursuant to a written contract with a third-party provider; 15 (B) by reimbursing an employee for expenses incurred by the employee 16 for such services; or 17 (C) by providing on-site or near-site day care services. 18 In no event shall the amount of such credit exceed the amount of tax 19 otherwise due pursuant to this article for any taxable year. 20 (2) (A) No such credit shall be allowed to a taxpayer who unfairly 21 discriminates against any employee on the basis of race, creed, reli- 22 gion, sex, national origin, age, disability or marital status in making 23 available day care services. 24 (B) A taxpayer may give a preference to children or wards of day care 25 dependent employees for whom obtaining or maintaining gainful employment 26 is contingent upon the availability of day care services for such chil- 27 dren or wards, in providing services qualifying for a credit hereunder. 28 (3) No such credit shall be allowed to a taxpayer unless the facility 29 or program rendering day care services is licensed by and subject to the 30 regulations of the department of family assistance or the human 31 resources administration governing day care facilities in New York city. 32 (4) No such credit shall be allowed to a taxpayer if the facility or 33 program rendering day care services admits, during regular school hours, 34 children who are subject to the provisions of the education law with 35 regard to compulsory school attendance. 36 § 3. Section 606 of the tax law is amended by adding a new subsection 37 (bbb) to read as follows: 38 (bbb) Employer day care credit. (1) A taxpayer shall be allowed a 39 credit against the tax imposed by section six hundred one of this part 40 to the extent of twenty percent of expenses incurred during the taxable 41 year by the taxpayer in making available day care services to the chil- 42 dren and wards of employees and in training persons employed by the 43 taxpayer or by a third-party provider rendering such services. A taxpay- 44 er may make such services available as follows: 45 (A) pursuant to a written contract with a third-party provider; 46 (B) by reimbursing an employee for expenses incurred by the employee 47 for such services; or 48 (C) by providing on-site or near-site day care services. 49 In no event shall the amount of such credit exceed the amount of tax 50 otherwise due pursuant to this article for any taxable year. 51 (2) (A) No such credit shall be allowed to a taxpayer who unfairly 52 discriminates against any employee on the basis of race, creed, reli- 53 gion, sex, national origin, age, disability or marital status in making 54 available day care services. 55 (B) A taxpayer may give a preference to children or wards of employees 56 for whom obtaining or maintaining gainful employment is contingent uponS. 9459 3 1 the availability of day care services for such children or wards, in 2 providing services qualifying for a credit hereunder. 3 (3) No such credit shall be allowed to a taxpayer unless the facility 4 or program rendering day care services is licensed by and subject to the 5 regulations of the department of family assistance or the human 6 resources administration governing day care facilities in New York city. 7 (4) No such credit shall be allowed to a taxpayer if the facility or 8 program rendering day care services admits, during regular school hours, 9 children who are subject to the provisions of the education law with 10 regard to compulsory school attendance. 11 § 4. This act shall take effect immediately and shall apply to taxable 12 years commencing on and after January 1, 2026.
