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A04809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4809
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2023
                                       ___________
 
        Introduced by M. of A. NORRIS -- read once and referred to the Committee
          on Ways and Means
 
        AN  ACT  to amend the tax law, in relation to minimum wage reimbursement
          credit
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 38 of the tax law, as added by section 1 of part EE
     2  of chapter 59 of the laws of 2013, is renumbered section 48 and subdivi-
     3  sions (b) and (c) are amended to read as follows:
     4    (b)  An  eligible  employer  is  a corporation (including a New York S
     5  corporation), a sole proprietorship, a limited liability  company  or  a
     6  partnership.  An  eligible employee is an individual who is (i) employed
     7  by an eligible employer in New York state, (ii) paid at the minimum wage
     8  rate as defined in article nineteen of the labor law during the  taxable
     9  year  by  the  eligible  employer, (iii) between the ages of sixteen and
    10  nineteen during the period in which he or she is paid  at  such  minimum
    11  wage rate by the eligible employer, and (iv) a student during the period
    12  in  which  he  or she is paid at such minimum wage rate by the taxpayer.
    13  For taxable years beginning on and after  January  first,  two  thousand
    14  twenty-three,  an eligible employee is an individual who is (i) employed
    15  by an eligible employer in New York state, (ii) paid at a rate that does
    16  not exceed the minimum wage rate as defined in article nineteen  of  the
    17  labor  law  plus  fifty  cents  during  the taxable year by the eligible
    18  employer, (iii) between the ages of  sixteen  and  nineteen  during  the
    19  period in which he or she is paid at such rate that does not exceed such
    20  minimum  wage rate plus fifty cents by the eligible employer, and (iv) a
    21  student during the period in which he or she is paid at such  rate  that
    22  does not exceed such minimum wage rate plus fifty cents by the taxpayer.
    23    (c)  For  taxable years beginning on or after January first, two thou-
    24  sand fourteen and before January first, two thousand fifteen, the amount
    25  of the credit allowed under this section shall be equal to  the  product
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00114-02-3

        A. 4809                             2
 
     1  of  the total number of hours worked during the taxable year by eligible
     2  employees for which they were paid at the minimum wage rate  as  defined
     3  in  article  nineteen  of  the labor law and [seventy five] seventy-five
     4  cents.  For taxable years beginning on or after January first, two thou-
     5  sand fifteen and before January first, two thousand sixteen, the  amount
     6  of  the  credit allowed under this section shall be equal to the product
     7  of the total number of hours during the taxable year worked by  eligible
     8  employees  for  which  they  were paid at such minimum wage rate and one
     9  dollar and thirty-one cents. For taxable years  beginning  on  or  after
    10  January  first, two thousand sixteen and before January first, two thou-
    11  sand nineteen, the amount of the credit allowed under this section shall
    12  be equal to the product of the total number of hours during the  taxable
    13  year worked by eligible employees for which they were paid at such mini-
    14  mum  wage  rate  and one dollar and thirty-five cents. For taxable years
    15  beginning on or after  January  first,  two  thousand  twenty-three  and
    16  before  January first, two thousand twenty-six, the amount of the credit
    17  allowed under this section shall be equal to the product  of  the  total
    18  number of hours during the taxable year worked by eligible employees for
    19  which  they  were  paid at a rate that does not exceed such minimum wage
    20  rate plus fifty cents and one dollar and  thirty-five  cents.  Provided,
    21  however, if the federal minimum wage established by federal law pursuant
    22  to  29  U.S.C.  section 206 or its successors is increased above eighty-
    23  five percent of the minimum wage in article nineteen of the  labor  law,
    24  the  dollar  amounts in this subdivision shall be reduced to the differ-
    25  ence between the minimum wage in article nineteen of the labor  law  and
    26  the  federal minimum wage.  Such reduction would take effect on the date
    27  that employers are required to pay such federal minimum wage.
    28    § 2. This act shall take effect immediately and shall apply to taxable
    29  years beginning on and after January 1, 2023.
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