Establishes a tax credit for companies that employ New York national guard and reserve members in an amount equal to fifteen hundred dollars for each national guard or reserve member employed by such employer and twenty-five hundred dollars for each national guard or reserve member employed by such employer who has completed or returned from a deployment or activation.
STATE OF NEW YORK
________________________________________________________________________
2838
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
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 59 to read as follows:
3 59. 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.
LBD06089-01-3
A. 2838 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 (1) to read as follows:
8 (1) Employment of NewAmount of credit
9 York national guard andunder subdivision
10 reserve members creditfifty-nine of section
11 under subsection (ooo)two hundred ten-B
12 § 3. Section 606 of the tax law is amended by adding a new subsection
13 (ooo) to read as follows:
14 (ooo) Employment of New York national guard and reserve members wage
15 tax credit. (1) Allowance of credit. A taxpayer shall be allowed a cred-
16 it, to be computed as provided in paragraph two of this subsection,
17 against the tax imposed by this article if they employ members of the
18 New York national guard and reserve. Provided, however, they shall
19 comply with the Uniformed Services Employment and Reemployment Rights
20 Act, as found in section 4301 et seq. of title 18 of the United States
21 Code.
22 (2) Amount of credit. The credit allowed pursuant to paragraph one of
23 this subsection shall be in an amount equal to one thousand five hundred
24 dollars for each national guard or reserve member employed by such
25 employer and two thousand five hundred dollars for each national guard
26 or reserve member employed by such employer who has completed or
27 returned from a deployment or activation. Provided, however, that no
28 such credit allowed under this subsection shall exceed two thousand five
29 hundred dollars for each national guard or reserve member employed by
30 such employer.
31 (3) Application of credit. If the amount of the credit allowed under
32 this subsection for any taxable year shall exceed the taxpayer's tax for
33 such year, the excess shall be treated as an overpayment of tax to be
34 credited or refunded in accordance with the provisions of section six
35 hundred eighty-six of this article, provided, however, that no interest
36 shall be paid thereon.
37 § 4. This act shall take effect immediately and apply to taxable years
38 beginning on and after January 1, 2026.
