STATE OF NEW YORK
________________________________________________________________________
1678
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee 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 men and women and
reservists
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 a new
2 subdivision 53 to read as follows:
3 53. Employment of New York national guard and reserve members wage
4 tax credit. (a) Allowance of credit. A taxpayer shall be allowed a cred-
5 it, to be computed as provided in paragraph (b) of this subdivision,
6 against the tax imposed by this article, if it employs members of the
7 New York national guard and reserves. Provided, however, such taxpayer
8 shall comply with the Uniformed Services Employment and Reemployment
9 Rights Act, as found in section 4301 et seq. of title 18 of the United
10 States Code.
11 (b) Amount of credit. The credit allowed pursuant to paragraph (a) of
12 this subdivision shall be in an amount equal to fifteen hundred dollars
13 for each national guard or reserve member employed by such employer and
14 twenty-five hundred dollars for each national guard or reserve member
15 employed by such employer who has completed or returned from a deploy-
16 ment or activation. Provided, however, that no such credit allowed under
17 this subdivision shall exceed two thousand five hundred dollars for each
18 national guard or reserve member employed by such employer.
19 (c) Application of credit. The credit allowed under this subdivision
20 for any taxable year shall not reduce the tax due for such year to less
21 than the amount prescribed in paragraph (d) of subdivision one of
22 section two hundred ten of this article. If, however, the amount of
23 credits allowed under this subdivision for any taxable year reduces the
24 tax to such amount, any amount of credit thus not deductible in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06234-01-9
A. 1678 2
1 taxable year shall be treated as an overpayment of tax to be credited or
2 refunded in accordance with the provisions of section one thousand
3 eighty-six of this chapter. Provided, however, the provisions of
4 subsection (c) of section one thousand eighty-eight of this chapter
5 notwithstanding, no interest shall be paid thereon.
6 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
7 of the tax law is amended by adding a new clause (xliv) to read as
8 follows:
9 (xliv) Employment of NewAmount of credit
10 York national guard andunder subdivision
11 reserve members creditfifty-three of section
12 under subsection (jjj)two hundred ten-B
13 § 3. Section 606 of the tax law is amended by adding a new subsection
14 (jjj) to read as follows:
15 (jjj) Employment of New York national guard and reserve members wage
16 tax credit. (1) Allowance of credit. A taxpayer shall be allowed a cred-
17 it, to be computed as provided in paragraph two of this subsection,
18 against the tax imposed by this article if they employ members of the
19 New York national guard and reserve. Provided, however, they shall
20 comply with the Uniformed Services Employment and Reemployment Rights
21 Act, as found in section 4301 et seq. of title 18 of the United States
22 Code.
23 (2) Amount of credit. The credit allowed pursuant to paragraph one of
24 this subsection shall be in an amount equal to one thousand five hundred
25 dollars for each national guard or reserve member employed by such
26 employer and two thousand five hundred dollars for each national guard
27 or reserve member employed by such employer who has completed or
28 returned from a deployment or activation. Provided, however, that no
29 such credit allowed under this subsection shall exceed two thousand five
30 hundred dollars for each national guard or reserve member employed by
31 such employer.
32 (3) Application of credit. If the amount of the credit allowed under
33 this subsection for any taxable year shall exceed the taxpayer's tax for
34 such year, the excess shall be treated as an overpayment of tax to be
35 credited or refunded in accordance with the provisions of section six
36 hundred eighty-six of this article, provided, however, that no interest
37 shall be paid thereon.
38 § 4. This act shall take effect immediately and apply to taxable years
39 beginning on and after January 1, 2022.