Bill Text: NY S02273 | 2011-2012 | General Assembly | Introduced
Bill Title: Increases the child and dependent care credit in computing personal income tax liability from 20% to 50% of the allowable federal child and dependent care tax credit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02273 Detail]
Download: New_York-2011-S02273-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2273 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- 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 increasing the minimum child and dependent care credit against the personal income tax 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] FIFTY percent and (ii) a multiplier 10 multiplied by a fraction. For taxable years beginning in nineteen 11 hundred ninety-six and nineteen hundred ninety-seven, the numerator of 12 such fraction shall be the lesser of (i) four thousand dollars or (ii) 13 fourteen thousand dollars less the New York adjusted gross income for 14 the taxable year, provided, however, the numerator shall not be less 15 than zero. For the taxable year beginning in nineteen hundred ninety- 16 eight, the numerator of such fraction shall be the lesser of (i) thir- 17 teen thousand dollars or (ii) thirty thousand dollars less the New York 18 adjusted gross income for the taxable year, provided, however, the 19 numerator shall not be less than zero. For taxable years beginning in 20 nineteen hundred ninety-nine, the numerator of such fraction shall be 21 the lesser of (i) fifteen thousand dollars or (ii) fifty thousand 22 dollars less the New York adjusted gross income for the taxable year, 23 provided, however, the numerator shall not be less than zero. For taxa- 24 ble years beginning after nineteen hundred ninety-nine, the numerator of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06805-01-1 S. 2273 2 1 such fraction shall be the lesser of (i) fifteen thousand dollars or 2 (ii) sixty-five thousand dollars less the New York adjusted gross income 3 for the taxable year, provided, however, the numerator shall not be less 4 than zero. The denominator of such fraction shall be four thousand 5 dollars for taxable years beginning in nineteen hundred ninety-six and 6 nineteen hundred ninety-seven, thirteen thousand dollars for the taxable 7 year beginning in nineteen hundred ninety-eight, and fifteen thousand 8 dollars for taxable years beginning after nineteen hundred ninety-eight. 9 The multiplier shall be ten percent for taxable years beginning in nine- 10 teen hundred ninety-six, forty percent for taxable years beginning in 11 nineteen hundred ninety-seven, [and] eighty percent for taxable years 12 beginning [after nineteen hundred ninety-seven] IN NINETEEN HUNDRED 13 NINETY-EIGHT, NINETEEN HUNDRED NINETY-NINE, TWO THOUSAND, TWO THOUSAND 14 ONE, TWO THOUSAND TWO, TWO THOUSAND THREE, TWO THOUSAND FOUR, TWO THOU- 15 SAND FIVE, TWO THOUSAND SIX, AND TWO THOUSAND SEVEN AND FIFTY PERCENT 16 FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVEN. Provided, however, 17 for taxable years beginning after nineteen hundred ninety-nine, for a 18 person whose New York adjusted gross income is less than forty thousand 19 dollars, such applicable percentage shall be equal to (i) one hundred 20 percent, plus (ii) ten percent multiplied by a fraction whose numerator 21 shall be the lesser of (i) fifteen thousand dollars or (ii) forty thou- 22 sand dollars less the New York adjusted gross income for the taxable 23 year, provided such numerator shall not be less than zero, and whose 24 denominator shall be fifteen thousand dollars. Provided, further, that 25 if the reversion event, as defined in this paragraph, occurs, the appli- 26 cable percentage shall, for taxable years ending on or after the date on 27 which the reversion event occurred, be determined using the rules speci- 28 fied in this paragraph applicable to taxable years beginning in nineteen 29 hundred ninety-nine. The reversion event shall be deemed to have 30 occurred on the date on which federal action, including but not limited 31 to, administrative, statutory or regulatory changes, materially reduces 32 or eliminates New York state's allocation of the federal temporary 33 assistance for needy families block grant, or materially reduces the 34 ability of the state to spend federal temporary assistance for needy 35 families block grant funds for the credit for certain household and 36 dependent care services necessary for gainful employment or to apply 37 state general fund spending on the credit for certain household and 38 dependent care services necessary for gainful employment toward the 39 temporary assistance for needy families block grant maintenance of 40 effort requirement, and the commissioner of the office of temporary and 41 disability assistance shall certify the date of such event to the 42 commissioner, the director of the division of the budget, the speaker of 43 the assembly and the temporary president of the senate. 44 S 2. This act shall take effect immediately and shall apply to taxable 45 years commencing on and after January 1, 2012.