Bill Text: NY S03644 | 2021-2022 | General Assembly | Introduced
Bill Title: Creates a wage tax credit for employers who employ New York national guard men and women, reservists, volunteer firefighters and EMS personnel.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO BUDGET AND REVENUE [S03644 Detail]
Download: New_York-2021-S03644-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3644 2021-2022 Regular Sessions IN SENATE January 30, 2021 ___________ Introduced by Sen. ORTT -- 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 creating a wage tax credit for employers who employ New York national guard men and women, reser- vists, volunteer firefighters and EMS personnel 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 two new 2 subdivisions 55 and 56 to read as follows: 3 55. Employment of New York national guard and reserve members wage tax 4 credit. (a) Allowance of credit. A taxpayer shall be allowed a credit, 5 in the amount of one thousand five hundred dollars, against the tax 6 imposed by this article for each member of the New York national guard 7 and reserves which it employs. Provided, however, such taxpayer shall 8 comply with the Uniformed Services Employment and Reemployment Rights 9 Act, as found in section 4301 et seq. of title 18 of the United States 10 Code; and provided further that such person shall have been employed for 11 at least six months. 12 (b) Application of credit. The credit allowed under this subdivision 13 for any taxable year shall not reduce the tax due for such year to less 14 than the minimum amount prescribed in paragraph (d) of subdivision one 15 of section two hundred ten of this article. If, however, the amount of 16 credits allowed under this subdivision for any taxable year reduces the 17 tax to such amount, any amount of credit thus not deductible in such 18 taxable year shall be treated as an overpayment of tax to be credited or 19 refunded in accordance with the provisions of section one thousand 20 eighty-six of this chapter. Provided, however, the provisions of 21 subsection (c) of section one thousand eighty-eight of this chapter 22 notwithstanding, no interest shall be paid thereon. 23 56. Employment of volunteer firefighters and emergency medical 24 services (EMS) first responder personnel wage credit. (a) Allowance of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02071-01-1S. 3644 2 1 credit. A taxpayer shall be allowed a credit of one thousand five 2 hundred dollars, against the tax imposed by this article, for each 3 volunteer firefighter and EMS first responder personnel which it 4 employs; provided that such person shall have been employed for at least 5 six months. 6 (b) Application of credit. The credit allowed under this subdivision 7 for any taxable year shall not reduce the tax due for such year to less 8 than the minimum amount prescribed in paragraph (d) of subdivision one 9 of section two hundred ten of this article. If, however, the amount of 10 credits allowed under this subdivision for any taxable year reduces the 11 tax to such amount, any amount of credit thus not deductible in such 12 taxable year shall be treated as an overpayment of tax to be credited or 13 refunded in accordance with the provisions of section one thousand 14 eighty-six of this chapter. Provided, however, the provisions of 15 subsection (c) of section one thousand eighty-eight of this chapter 16 notwithstanding, no interest shall be paid thereon. 17 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 18 of the tax law is amended by adding two new clauses (xlvi) and (xlvii) 19 to read as follows: 20 (xlvi) Employment of New Amount of credit 21 York national under subdivision 22 guard and reserve fifty-five of 23 members credit section two hundred ten-B 24 under sub- 25 section (kkk) 26 (xlvii) Employment of volunteer Amount of credit under 27 firefighters and EMS subdivision fifty-six of 28 first responder section two hundred ten-B 29 personnel wage 30 credit under sub- 31 section (lll) 32 § 3. Section 606 of the tax law is amended by adding two new 33 subsections (kkk) and (lll) to read as follows: 34 (kkk) Employment of New York national guard and reserve member credit. 35 (1) Allowance of credit. A taxpayer shall be allowed a credit, as here- 36 inafter provided, against the tax imposed by this article if they employ 37 New York national guard and reserve members. Provided, however, they 38 shall comply with the Uniformed Services Employment and Reemployment 39 Rights Act, as found in section 4301 et seq. of title 18 of the United 40 States Code; and provided, further that such person shall have been 41 employed for at least six months. The amount of the credit shall be 42 fifteen hundred dollars for each national guard member or reservist 43 employed. 44 (2) Application of credit. If the amount of the credit allowed under 45 this subsection for any taxable year shall exceed the taxpayer's tax for 46 such year, the excess shall be treated as an overpayment of tax to be 47 credited or refunded in accordance with the provisions of section six 48 hundred eighty-six of this article, provided, however, that no interest 49 shall be paid thereon. 50 (3) Carryover. If the amount of credit allowable under this subsection 51 for any taxable year shall exceed the taxpayer's tax for such year, the 52 excess may be carried over to the following year or years, and may be 53 deducted from the taxpayer's tax for such year or years.S. 3644 3 1 (lll) Employment of volunteer firefighters and EMS first responder 2 personnel wage credit. (1) Allowance of credit. A taxpayer shall be 3 allowed a credit, as hereinafter provided, against the tax imposed by 4 this article for each volunteer firefighter and EMS first responder 5 personnel which it employs; provided that such person shall have been 6 employed for at least six months. The amount of the credit shall be 7 fifteen hundred dollars for each volunteer firefighter and EMS first 8 responder employed. 9 (2) Application of credit. If the amount of the credit allowed under 10 this subsection for any taxable year shall exceed the taxpayer's tax for 11 such year, the excess shall be treated as an overpayment of tax to be 12 credited or refunded in accordance with the provisions of section six 13 hundred eighty-six of this article, provided, however, that no interest 14 shall be paid thereon. 15 (3) Carryover. If the amount of credit allowable under this subsection 16 for any taxable year shall exceed the taxpayer's tax for such year, the 17 excess may be carried over to the following year or years, and may be 18 deducted from the taxpayer's tax for such year or years. 19 § 4. This act shall take effect immediately and shall apply to taxable 20 years beginning on and after January 1, 2023. Effective immediately the 21 addition, amendment and/or repeal of any rule or regulation necessary 22 for the implementation of this act on its effective date are authorized 23 to be made on or before such date.
