NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1522
SPONSOR: Woerner (MS)
TITLE OF BILL:
An act to amend the tax law, in relation to the empire state child cred-
To allow resident taxpayers to receive the Empire State Child Credit for
children under four years of age.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph 1 of subsection (c-1) of section 606 of the
tax law, as amended by section 1 of part L-1 of chapter 109 of the laws
of 2006 to allow a resident taxpayer the greater of either one hundred
dollars times the number of qualifying children or the applicable
percentage of the child tax credit allowed the taxpayer under section
twenty-four of the internal revenue code for the same taxable year for
each qualifying child. A qualifying child is a child who meets the defi-
nition of a qualified child under section 24() of the internal revenue
code. The applicable percentage shall be thirty-three percent.
Section 2 states the date on which this legislation shall take effect
and states that this legislation will apply to taxable years beginning
on or after January 1, 2017.
More than 75% of New York families who are eligible for child care
subsidies (that is, families at less than 200% of the poverty level) do
not receive subsidies because of inadequate funding. In contrast, the
Empire State Child Credit is available to families making as little as
$3,000 a year, and low-income families receive the largest credit.
However, the Empire State Child Credit is not applicable for children
under the age of 4. This bill removes the limitation and extends the tax
credit to all children.
This bill will become effective on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
2019-2020 Regular Sessions
January 15, 2019
Introduced by M. of A. WOERNER -- Multi-Sponsored by -- M. of A. CROUCH,
DAVILA, D'URSO, GALEF, GUNTHER, HYNDMAN, PALMESANO, PALUMBO, RA,
THIELE -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the empire state child cred-
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-1) of section 606 of the tax
2 law, as amended by section 1 of part P of chapter 59 of the laws of
3 2018, is amended to read as follows:
4 (1) A resident taxpayer shall be allowed a credit as provided herein
5 equal to the greater of one hundred dollars times the number of qualify-
6 ing children of the taxpayer or the applicable percentage of the child
7 tax credit allowed the taxpayer under section twenty-four of the inter-
8 nal revenue code for the same taxable year for each qualifying child.
9 Provided, however, in the case of a taxpayer whose federal adjusted
10 gross income exceeds the applicable threshold amount set forth by
11 section 24(b)(2) of the Internal Revenue Code, the credit shall only be
12 equal to the applicable percentage of the child tax credit allowed the
13 taxpayer under section 24 of the Internal Revenue Code for each qualify-
14 ing child. For the purposes of this subsection, a qualifying child shall
15 be a child who meets the definition of qualified child under section
16 24(c) of the internal revenue code [and is at least four years of age].
17 The applicable percentage shall be thirty-three percent. For purposes of
18 this subsection, any reference to section 24 of the Internal Revenue
19 Code shall be a reference to such section as it existed immediately
20 prior to the enactment of Public Law 115-97.
21 § 2. This act shall take effect on the ninetieth day after it shall
22 have become a law and shall apply to taxable years beginning on or after
23 January 1, 2019.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.