STATE OF NEW YORK
________________________________________________________________________
10117
IN ASSEMBLY
March 12, 2020
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to establishing a small busi-
ness tax credit for salary and wages paid to employees for time spent
at sexual harassment prevention training
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 55 to read as follows:
3 55. Small business tax credit; sexual harassment prevention training.
4 (a) General. A taxpayer who has fifty employees or less, shall be
5 allowed a credit, to be computed as provided in this subdivision,
6 against the tax imposed by this article for salary and wages paid by
7 such taxpayer to its employees for time spent at sexual harassment
8 prevention training required pursuant to section two hundred one-g of
9 the labor law. Such credit shall be available on an annual basis and
10 shall only be made available on one sexual harassment training course
11 per year for each employee.
12 (b) Amount of credit. The amount of the credit authorized by this
13 subdivision shall be equal to fifty percent of the wages and salary
14 actually paid by the employer to each employee or fifty dollars per
15 employee, whichever is less.
16 (c) Carryovers. The credit allowed under this subdivision may be
17 claimed and if not fully used in the initial year for which the credit
18 is claimed may be carried over, in order, to each of the five succeeding
19 taxable years. The credit authorized by this subdivision may not be used
20 to reduce the tax liability of the credit claimant below zero.
21 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
22 of the tax law is amended by adding a new clause (xlvi) to read as
23 follows:
24 (xlvi) Small business tax credit;Costs under subdivision
25 sexual harassment preventionfifty-five of section
26 training under subsection (kkk)two hundred ten-B
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14342-04-0
A. 10117 2
1 § 3. Section 606 of the tax law is amended by adding a new subsection
2 (kkk) to read as follows:
3 (kkk) (a) General. A taxpayer who has fifty employees or less, shall
4 be allowed a credit, to be computed as provided in this subsection,
5 against the tax imposed by this article for salary and wages paid by
6 such taxpayer to its employees for time spent at sexual harassment
7 prevention training required pursuant to section two hundred one-g of
8 the labor law. Such credit shall be available on an annual basis and
9 shall only be made available on one sexual harassment training course
10 per year for each employee.
11 (b) Amount of credit. The amount of the credit authorized by this
12 subsection shall be equal to fifty percent of the wages and salary actu-
13 ally paid by the employer to each employee or fifty dollars per employ-
14 ee, whichever is less.
15 (c) Carryovers. The credit allowed under this subsection may be
16 claimed and if not fully used in the initial year for which the credit
17 is claimed may be carried over, in order, to each of the five succeeding
18 taxable years. The credit authorized by this subsection may not be used
19 to reduce the tax liability of the credit claimant below zero.
20 § 4. This act shall take effect immediately and shall apply to taxable
21 years beginning on or after January 1, 2021.