STATE OF NEW YORK
________________________________________________________________________
4107--A
2011-2012 Regular Sessions
IN SENATE
March 17, 2011
___________
Introduced by Sens. ADDABBO, ESPAILLAT -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government Operations -- recommitted to the Committee on
Investigations and Government Operations in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to establishing a small busi-
ness tax credit for the employment of disabled persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 210 of the tax law is amended by adding a new
2 subdivision 45 to read as follows:
3 45. Small business tax credit; disabled persons. (a) General. A
4 taxpayer who has one hundred employees or less, shall be allowed a cred-
5 it, to be computed as provided in this subdivision, against the tax
6 imposed by this article for each disabled person hired during a taxable
7 year, provided that such disabled person is employed for thirty-five
8 hours or more per week and remains in the employ of such taxpayer for
9 twelve months or more.
10 (b) Amount of credit. A credit authorized by this section shall equal
11 five thousand dollars per hired disabled person but shall not exceed
12 twenty-five thousand dollars.
13 (c) Carryovers. The credit allowed under this subdivision may be
14 claimed and if not fully used in the initial year for which the credit
15 is claimed may be carried over, in order, to each of the five succeeding
16 taxable years. The credit authorized by this subdivision may not be used
17 to reduce the tax liability of the credit claimant below zero.
18 (d) Definitions. As used in this subdivision, the term "disabled
19 person" shall mean a person who suffers from any physical, mental or
20 medical impairment resulting from anatomical, physiological, genetic or
21 neurological conditions which prevents the exercise of a normal bodily
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10081-03-2
S. 4107--A 2
1 function or is demonstrable by medically accepted clinical or laboratory
2 diagnostic techniques.
3 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
4 of the tax law is amended by adding a new clause (xxxiv) to read as
5 follows:
6 (xxxiv) Small business tax credit; Costs under subdivision
7 disabled persons forty-five of section
8 subsection (uu) two hundred ten
9 § 3. Section 606 of the tax law is amended by adding a new subsection
10 (uu) to read as follows:
11 (uu) Small business tax credit; disabled persons. (1) General. A
12 taxpayer who has one hundred employees or less, shall be allowed a cred-
13 it, to be computed as provided in this subsection, against the tax
14 imposed by this article for each disabled person hired during a taxable
15 year, provided that such disabled person is employed for thirty-five
16 hours or more per week and remains in the employ of such taxpayer for
17 twelve months or more.
18 (2) Amount of credit. A credit authorized by this section shall equal
19 five thousand dollars per hired disabled person but shall not exceed
20 twenty-five thousand dollars.
21 (3) Carryovers. The credit allowed under this subsection may be
22 claimed and if not fully used in the initial year for which the credit
23 is claimed may be carried over, in order, to each of the five succeeding
24 taxable years. The credit authorized by this subsection may not be used
25 to reduce the tax liability of the credit claimant below zero.
26 (4) Definitions. As used in this subsection, the term "disabled
27 person" shall mean a person who suffers from any physical, mental or
28 medical impairment resulting from anatomical, physiological, genetic or
29 neurological conditions which prevents the exercise of a normal bodily
30 function or is demonstrable by medically accepted clinical or laboratory
31 diagnostic techniques.
32 § 4. This act shall take effect immediately and shall apply to taxable
33 years beginning on or after January 1, 2013.
