S07772 Summary:

BILL NOS07772
 
SAME ASNo same as
 
SPONSORZELDIN
 
COSPNSR
 
MLTSPNSR
 
Add SS37 & 187-a, amd S210, Tax L
 
Creates the telecommunication and cable industry New York jobs tax credit.
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S07772 Actions:

BILL NOS07772
 
06/18/2012REFERRED TO RULES
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S07772 Floor Votes:

There are no votes for this bill in this legislative session.
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S07772 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7772
 
                    IN SENATE
 
                                      June 18, 2012
                                       ___________
 
        Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the tax law, in relation to creating a telecommunication
          and cable industry New York jobs 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 37 to read
     2  as follows:
     3    § 37. Telecommunication and cable industry New York jobs  tax  credit.
     4  (a) Allowance of credit. An eligible taxpayer shall be allowed a credit,
     5  of  twenty  percent of the qualified wages.  The taxpayer may claim this
     6  credit for each new employee for a period of three consecutive years  of
     7  employment.
     8    (b) Definitions. (1) "Eligible taxpayer" means every telecommunication
     9  and  cable  corporation  and  their  subsidiaries furnishing traditional
    10  landline telephone service, fiber optic  service,  voice  over  internet
    11  protocol (VOIP), data circuits, cable or internet services.
    12    (2)  "Call  center assistance job" shall mean the creation of or relo-

    13  cation of new call center service assistance  jobs  in  New  York  state
    14  including,  but  not  limited to operator services, directory assistance
    15  bureaus and call completion services for the following:
    16    (A) Determining customer financial responsibility;
    17    (B) Taking requests for new or additional services, including, but not
    18  limited to, emergency service, completing assistance with dialing, using
    19  calling cards, connecting collect calls, busy line verification or relay
    20  centers for the hearing impaired, providing requested local and national
    21  telephone numbers, reverse number searches and taking requests  for  and
    22  completing  the publishing and non-publishing of a telephone number, and
    23  providing assistance to payphone customers;

    24    (C) Determining deposit required or billing rate;
    25    (D) Preparing installation and repair  service  orders  and  obtaining
    26  access to subscriber's premises;
    27    (E)  Explaining  company  rates,  regulations,  policies,  procedures,
    28  equipment and common practices;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16242-06-2

        S. 7772                             2
 
     1    (F) Investigating trouble order forms and initiating high bill  inves-
     2  tigations;
     3    (G)  Handling  payment and other credit arrangements such as obtaining

     4  deposits, financial statements and payment plans; and
     5    (H) Aiding customers  with  internal  assistance  programs  means  any
     6  company, firm or business organization that invests application of cred-
     7  it;  provided that the amount of gross wages paid by the taxpayer to the
     8  employees for whom credit is allowable under this section.
     9    (3) "Qualified wages" shall mean gross wages paid to any new  employee
    10  during  the  taxable  year  which  meets the definition of a call center
    11  assistance job.
    12    (4) "New employee" shall mean any full time employee that is hired  by
    13  the taxpayer after July first, two thousand twelve that causes the total
    14  number  of employees to increase above base employment or credit employ-

    15  ment, whichever is higher, who is doing the same or substantially  simi-
    16  lar  work,  and  at  the pay rate and benefit level of other call center
    17  service assistance jobs in the geographic area within New York state, in
    18  the corporation and their subsidiaries.
    19    (5) "Base year" shall mean calendar year two thousand eleven.
    20    (6) "Base employment" shall mean  the  average  number  of  full  time
    21  employees  or full time equivalent employees during the base year. For a
    22  new business, base employment shall begin at zero.
    23    (7) "Credit employment" shall mean base employment plus the number  of
    24  new employees for which a credit is earned for the prior tax years.
    25    (c)  Cross-references.  For application of the credit provided in this

    26  section, see the following provisions of this chapter:
    27    (1) Article 9: section 187-s
    28    (2) Article 9-A: section 210: subdivision 45
    29    § 2. Section 210 of the tax law is amended by adding a new subdivision
    30  45 to read as follows:
    31    45. Telecommunication and cable industry New York jobs tax credit. (a)
    32  Allowance of credit. A taxpayer will be allowed a credit, to be computed
    33  as provided in section thirty-seven of this  chapter,  against  the  tax
    34  imposed by this article.
    35    (b)  Application  of credit. The credit allowed under this subdivision
    36  for any taxable year may not reduce the tax due for such  year  to  less
    37  than  the  higher of the amounts prescribed in paragraphs (c) and (d) of

    38  subdivision one of this  section.  However,  if  the  amount  of  credit
    39  allowed  under  this subdivision for any taxable year reduces the tax to
    40  such amount, any excess amount of credit thus  not  deductible  in  such
    41  taxable  year  may be carried over to the following year or years, for a
    42  maximum of ten consecutive years.
    43    § 3. The tax law is amended by adding a new section 187-s to  read  as
    44  follows:
    45    §  187-s. Telecommunication and cable industry New York jobs tax cred-
    46  it. 1. Allowance of credit. A taxpayer, subject to the  tax  imposed  by
    47  this  article,  which  is  a telecommunication or cable company shall be
    48  allowed a credit, to be computed as provided in section thirty-seven  of

    49  this   chapter,   against   the  tax  imposed  by  section  one  hundred
    50  eighty-six-a of this article.
    51    2. Application of credit.  If the amount of credit allowed under  this
    52  section  for  any taxable year exceeds the taxpayer's tax for such year,
    53  any amount of credit thus not deductible may be carried forward  to  the
    54  following year or years, for a maximum of ten consecutive years.
    55    § 4. This act shall take effect immediately and shall apply to taxable
    56  years beginning on and after January 1, 2012.
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