STATE OF NEW YORK
________________________________________________________________________
7661
IN SENATE
June 12, 2012
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the tax law, in relation to establishing a hire-now
veterans tax credit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The tax law is amended by adding a new section 37 to read
2 as follows:
3 § 37. Hire-Now tax credit. (a) Allowance of credit. A taxpayer, which
4 is subject to tax under article nine-A or twenty-two of this chapter and
5 which creates a new job, shall be allowed a credit against such tax. The
6 amount of the credit allowed under this section shall be equal to the
7 product of 6.85 percent and the gross wages paid for each new employee.
8 The credit shall not be more than five thousand dollars for any new
9 employee for one full year of employment; if a new employee has been
10 hired for less than a full tax year this amount shall be prorated and
11 apportioned to each tax year but shall in no way decrease the full three
12 consecutive years of credit eligibility. The taxpayer may claim this
13 credit for each new employee for a period of three consecutive years of
14 employment. The taxpayer may offset quarterly estimated tax returns
15 with the amount of this credit earned in any previous quarter.
16 (b) Hire-a-Vet enhancement. For calendar years two thousand thirteen
17 and two thousand fourteen if a new employee was receiving unemployment
18 insurance benefits at the time of hire and is also a veteran, an addi-
19 tional five thousand dollar credit will be allowed for the first full
20 year of employment.
21 (c) Definitions. As used in this section, the following terms shall
22 have the following meanings:
23 (1) "New employee" shall mean any full time employee that is hired by
24 the taxpayer after July first, two thousand twelve and before April
25 first, two thousand thirteen, that causes the total number of employees
26 to increase above base employment or credit employment, whichever is
27 higher.
28 (2) "Base year" shall mean calendar year two thousand twelve.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14994-09-2
S. 7661 2
1 (3) "Base employment" shall mean the average number of full time
2 employees or full time equivalent employees during the base year. For a
3 new business, base employment shall begin at zero.
4 (4) "Credit employment" shall mean base employment plus the number of
5 new employees for which a credit is earned for the prior tax years.
6 (5) "Veteran" shall mean a resident of this state, who has served on
7 active duty in the Untied States army, navy, air force, marines, coast
8 guard, and/or reserves thereof, and/or the army national guard, air
9 national guard, New York guard and/or the New York naval militia, and
10 who is currently in service, or has been released from such service by
11 honorable discharge, or who has been furloughed to the reserve and who
12 served in a war, armed conflict and/or other hostilities.
13 (d) Replacement employees. If a new employee for which a credit was
14 earned leaves the payroll and an employee is hired which brings total
15 employment above base employment but at or below credit employment
16 level, the credit eligibility period for such employee shall be three
17 years minus the amount of time (rounded to the next full month) the
18 employer received the credit for the departing employee.
19 (e) No credit shall be allowed under this section to a taxpayer for
20 any new employee if the taxpayer claims any other credit under this
21 article for such new employee where the basis of such other credit is an
22 increase in employment.
23 § 2. Section 210 of the tax law is amended by adding a new subdivision
24 45 to read as follows:
25 45. Hire-Now tax credit. (a) Allowance of credit. A taxpayer will be
26 allowed a credit, to be computed as provided in section thirty-seven of
27 this chapter, against the tax imposed by this article.
28 (b) Application of credit. The credit allowed under this subdivision
29 for any taxable year may not reduce the tax due for such year to less
30 than the higher of the amounts prescribed in paragraphs (c) and (d) of
31 subdivision one of this section. However, if the amount of credit
32 allowed under this subdivision for any taxable year reduces the tax to
33 such amount, any amount of credit thus not deductible in such taxable
34 year will be treated as an overpayment of tax to be credited or refunded
35 in accordance with the provisions of section one thousand eighty-six of
36 this chapter. Provided, however, the provisions of subsection (c) of
37 section one thousand eighty-eight of this chapter notwithstanding, no
38 interest will be paid thereon.
39 § 3. Section 606 of the tax law is amended by adding a new subsection
40 (uu) to read as follows:
41 (uu) Hire-Now tax credit. (1) A taxpayer will be allowed a credit, to
42 the extent allowed under section thirty-seven of this chapter, against
43 the tax imposed by this article.
44 (2) Application of credit. If the amount of the credit allowed under
45 this subsection for any taxable year exceeds the taxpayer's tax for such
46 year, the excess will be treated as an overpayment of tax to be credited
47 or refunded in accordance with the provisions of section six hundred
48 eighty-six of this article, provided, however, that no interest will be
49 paid thereon.
50 § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
51 of the tax law is amended by adding a new clause (xxxiv) to read as
52 follows:
53 (xxxiv) Hire-Now tax creditAmount of credit under
54 under subsection (uu)subdivision forty-five of section
55 two hundred ten
56 § 5. This act shall take effect immediately.
