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A09673 Summary:

BILL NOA09673
 
SAME ASSAME AS S02720-A
 
SPONSORCashman
 
COSPNSR
 
MLTSPNSR
 
Amd §§210-B & 606, Tax L
 
Creates a $1,500 wage tax credit for employers who employ New York national guard members, reservists, volunteer firefighters and EMS personnel.
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A09673 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9673
 
                   IN ASSEMBLY
 
                                    January 21, 2026
                                       ___________
 
        Introduced  by M. of A. CASHMAN -- read once and referred to the Commit-
          tee on Ways and Means
 
        AN ACT to amend the tax law, in relation to creating a wage  tax  credit
          for  employers who employ New York national guard members, reservists,
          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 63 and 64 to read as follows:
     3    63. 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    64.   Employment  of  volunteer  firefighters  and  emergency  medical
    24  services (EMS) first responder personnel wage credit. (a)  Allowance  of
    25  credit.  A  taxpayer  shall  be  allowed  a  credit of one thousand five
    26  hundred dollars, against the tax  imposed  by  this  article,  for  each
    27  volunteer  firefighter  and  EMS  first  responder  personnel  which  it
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01780-03-6

        A. 9673                             2
 
     1  employs; provided that such person shall have been employed for at least
     2  six months.
     3    (b)  Application  of credit. The credit allowed under this subdivision
     4  for any taxable year shall not reduce the tax due for such year to  less
     5  than  the  minimum amount prescribed in paragraph (d) of subdivision one
     6  of section two hundred ten of this article. If, however, the  amount  of
     7  credits  allowed under this subdivision for any taxable year reduces the
     8  tax to such amount, any amount of credit thus  not  deductible  in  such
     9  taxable year shall be treated as an overpayment of tax to be credited or
    10  refunded  in  accordance  with  the  provisions  of section one thousand
    11  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
    12  subsection  (c)  of  section  one  thousand eighty-eight of this chapter
    13  notwithstanding, no interest shall be paid thereon.
    14    § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    15  of  the tax law is amended by adding two new clauses (liii) and (liv) to
    16  read as follows:
 
    17  (liii) Employment of New             Amount of credit
    18  York national                        under subdivision
    19  guard and reserve                    sixty-three of
    20  members credit                       section two hundred ten-B
    21  under sub-
    22  section (www)
 
    23  (liv) Employment of volunteer        Amount of credit under
    24  firefighters and EMS                 subdivision sixty-four of
    25  first responder                      section two hundred ten-B
    26  personnel wage
    27  credit under sub-
    28  section (xxx)
    29    § 3. Section 606  of  the  tax  law  is  amended  by  adding  two  new
    30  subsections (www) and (xxx) to read as follows:
    31    (www) Employment of New York national guard and reserve member credit.
    32  (1)  Allowance of credit. A taxpayer shall be allowed a credit, as here-
    33  inafter provided, against the tax imposed by this article if they employ
    34  New York national guard and reserve  members.  Provided,  however,  they
    35  shall  comply  with  the  Uniformed Services Employment and Reemployment
    36  Rights Act, as found in section 4301 et seq. of title 18 of  the  United
    37  States  Code;  and  provided,  further  that such person shall have been
    38  employed for at least six months.   The amount of the  credit  shall  be
    39  fifteen  hundred  dollars  for  each  national guard member or reservist
    40  employed.
    41    (2) Application of credit. If the amount of the credit  allowed  under
    42  this subsection for any taxable year shall exceed the taxpayer's tax for
    43  such  year,  the  excess shall be treated as an overpayment of tax to be
    44  credited or refunded in accordance with the provisions  of  section  six
    45  hundred  eighty-six of this article, provided, however, that no interest
    46  shall be paid thereon.
    47    (3) Carryover. If the amount of credit allowable under this subsection
    48  for any taxable year shall exceed the taxpayer's tax for such year,  the
    49  excess  may  be  carried over to the following year or years, and may be
    50  deducted from the taxpayer's tax for such year or years.
    51    (xxx) Employment of volunteer firefighters  and  EMS  first  responder
    52  personnel  wage  credit.  (1)  Allowance  of credit. A taxpayer shall be
    53  allowed a credit, as hereinafter provided, against the  tax  imposed  by

        A. 9673                             3
 
     1  this  article  for  each  volunteer  firefighter and EMS first responder
     2  personnel which it employs; provided that such person  shall  have  been
     3  employed  for  at  least six months.   The amount of the credit shall be
     4  fifteen  hundred  dollars  for  each volunteer firefighter and EMS first
     5  responder employed.
     6    (2) Application of credit. If the amount of the credit  allowed  under
     7  this subsection for any taxable year shall exceed the taxpayer's tax for
     8  such  year,  the  excess shall be treated as an overpayment of tax to be
     9  credited or refunded in accordance with the provisions  of  section  six
    10  hundred  eighty-six of this article, provided, however, that no interest
    11  shall be paid thereon.
    12    (3) Carryover. If the amount of credit allowable under this subsection
    13  for any taxable year shall exceed the taxpayer's tax for such year,  the
    14  excess  may  be  carried over to the following year or years, and may be
    15  deducted from the taxpayer's tax for such year or years.
    16    § 4. This act shall take effect immediately and shall apply to taxable
    17  years beginning on and after January 1, 2028.  Effective immediately the
    18  addition, amendment and/or repeal of any rule  or  regulation  necessary
    19  for  the implementation of this act on its effective date are authorized
    20  to be made and completed on or before such date.
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