Establishes a caregiver tax credit of up to six thousand dollars and a family caregiver reimbursement program to offset out-of-pocket spending by family caregivers.
STATE OF NEW YORK
________________________________________________________________________
8650
IN SENATE
January 7, 2026
___________
Introduced by Sen. CLEARE -- 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 establishing a caregiver tax
credit; and to amend the elder law, in relation to establishing a
family caregiver reimbursement program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 606 of the tax law is amended by adding a new
2 subsection (uuu) to read as follows:
3 (uuu) Caregiver credit. (1) For taxable years beginning on or after
4 the first of January next succeeding the effective date of this
5 subsection, a qualifying taxpayer shall be allowed a credit against the
6 taxes imposed by this article in the amount of fifty percent of their
7 out-of-pocket spending on caregiver expenses, not to exceed six thousand
8 dollars.
9 (2) A taxpayer shall be eligible for a tax credit under this
10 subsection if such taxpayer meets the following criteria:
11 (A) take care of an individual age eighteen or older who requires
12 assistance with at least one activity of daily living, as defined in 10
13 NYCRR 69-10.1;
14 (B) qualify as a dependent pursuant to 26 USC 152(d); and
15 (C) meet the income eligibility requirements of subsection (c-1) of
16 this section.
17 (3) If the amount of the credit allowed under this subsection for any
18 taxable year shall exceed the taxpayer's tax for such year, the excess
19 shall be treated as an overpayment of tax to be credited or refunded in
20 accordance with the provisions of section six hundred eighty-six of this
21 article, provided, however, that no interest shall be paid thereon.
22 (4) The commissioner in consultation with the director of the state
23 office for the aging shall promulgate all rules and regulations neces-
24 sary for the implementation of this subsection.
25 § 2. The elder law is amended by adding a new section 221 to read as
26 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14206-01-5
S. 8650 2
1 § 221. Family caregiver reimbursement program. 1. Within amounts
2 appropriated therefor, the office shall establish and administer a fami-
3 ly caregiver reimbursement program to offset out-of-pocket spending by
4 family caregivers for expenses including, but not limited to, home
5 modifications and assistive technology.
6 2. The director of the office is directed to work in consultation with
7 the commissioner of taxation and finance, to promulgate all rules and
8 regulations necessary for the implementation of this section.
9 § 3. This act shall take effect on the one hundred eightieth day after
10 it shall have become a law. Effective immediately, the addition, amend-
11 ment and/or repeal of any rule or regulation necessary for the implemen-
12 tation of this act on its effective date are authorized to be made and
13 completed on or before such effective date.
