What's happening
This bill creates tax credits for employers and individuals who provide elderly dependent care during work hours in New York.
Why it matters
Supports Working Families with Elder Care Responsibilities. By offering tax credits to both employers and individual taxpayers for adult day care expenses, this bill directly addresses the financial strain faced by those balancing employment and care for elderly dependents, potentially enabling more people to remain in the workforce.
Incentivizes Employers to Provide or Subsidize Elder Care. The bill encourages workplaces to create or contract with certified elder care facilities, which could lead to more widespread access to quality dependent care options for employees, and may improve employee retention and satisfaction.
Sets Quality Standards for Eligible Care Facilities. Tax credits are only available if care is provided in licensed or certified facilities or approved family care homes, promoting safety and quality in elder care services and supporting oversight by state agencies.
Promotes Broader Community Benefits. By allowing additional credits for employers who invest in increasing the availability, quality, or affordability of elder care within the community, the bill could spur the development of more and better elder care infrastructure, benefiting families beyond just those whose employers participate.
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Who cares
Employers funding adult dependent care
The bill would offer tax credits of up to $1,000 per employee dependent for eligible work-hour care expenses, plus additional credits for qualifying community care improvements and administrative costs.
Workers paying for elderly dependent care
Taxpayers could claim up to $1,000 per elderly dependent for eligible adult day care during work hours, excluding reimbursed expenses and employer-paid costs used for an employer credit.
Adult day care providers and workplace care facilities
Eligible facilities could provide care funded through employer contracts or individual payments qualifying for the proposed credits.
Office of Children and Family Services and Department of Taxation and Finance
The agencies would implement the credits through rules and eligibility certification for employers supporting elderly adults or other adult dependents.
Headline styles
Tax Credit for Elder Care
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to ways and means
- Referred to ways and means
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3707
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing business franchise and personal income tax credits for employers which provide care for the elderly dependents of their employees during work hours and establishing a personal income tax credit for the provision of care to the elderly dependent of a taxpayer during work hours
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 210-B of the tax law is amended by adding a new subdivision 49 to read as follows:
49. Employee elderly dependent care credit. (a) Allowance of credit. There shall be allowed as a credit against the tax imposed by this article for the amount, not to exceed one thousand dollars for each employee dependent for which adult day care services are provided, actually expended by the taxpayer providing or paying another to provide dependent care for the taxpayer's employees' dependents during the employees' work hours, which care must be provided in an eligible facility, as described in paragraph (c) of this subdivision. Credit is applied to the cost of any contract executed by the taxpayer for another provider of services to provide dependent care; or, if the taxpayer elects to provide dependent care itself, to expenses incurred for: dependent care staff, learning and recreational materials and equipment, and the construction and maintenance of a facility. This cost is net of any reimbursement. The credit shall not be allowed for any expenses which are paid by an employee and serve as the basis for a personal income tax credit. The credits allowed under this subdivision shall not be used by any corporation other than the corporation actually qualifying for the credits.
(b) Carryover. Credit may be carried forward for the five successive years if the amount allowable as credit exceeds income tax liability in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06239-01-7
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a tax year; however, thereafter, if the amount allowable as a credit exceeds the tax liability, the amount of excess shall not be refundable or carried forward to any other taxable year.
(c) Eligible facility. An eligible facility must have an average daily enrollment for the taxable year of no less than six persons sixty years of age or older and be licensed or certified according to the applicable law or regulations; or must serve five or fewer persons age sixty or older in a family child care/elder care home approved by the office of children and family services for participation in the United States department of agriculture child and adult nutrition program; or must serve adult relatives of employees in either a community-based elder care facility or a facility at the employment site; or must serve adult dependents having physical, emotional, or mental disabilities in either a community-based facility or a facility at the employment site.
(d) Certification. Taxpayers shall be certified as eligible for the tax credit by the office of children and family services for programs serving elderly adults and by the commissioner for programs serving other adult dependents.
(e) Additional credit. In addition to the credit allowed pursuant to paragraph (a) of this subdivision, there shall be allowed an additional credit, subject to the provisions of paragraph (b) of this subdivision, for additional eligible expenses assumed or incurred by the employer which increase the quality, availability, and affordability of dependent care in the community used by employees during the employees' work hours. The commissioner shall promulgate rules and regulations defining the eligibility of expenses and the amount of the credit allowable therefor. The commissioner shall further provide an additional credit for administrative costs incurred in complying with the foregoing provisions.
§ 2. Section 606 of the tax law is amended by adding a new subsection (v) to read as follows:
(v) Dependent elderly care credit. (1) Employer. (A) Allowance of credit. A taxpayer shall be allowed a credit against the tax imposed by this article for the amount, not to exceed one thousand dollars for each employee dependent for which adult day care services are provided, actually expended by the taxpayer providing or paying another to provide dependent care for the taxpayer's employees' dependents during the employees' work hours, which care must be provided in an eligible facility, as described in subparagraph (C) of this paragraph. Credit is applied to the cost of any contract executed by the taxpayer for another entity to provide dependent care; or, if the taxpayer elects to provide dependent care itself, to expenses incurred for: dependent care staff, learning and recreational materials and equipment, and the construction and maintenance of a facility. This cost is net of any reimbursement. The credit shall not be allowed for any expenses which are paid by employees and serve as the basis for a personal income tax credit. The credits allowed under this paragraph shall not be used by any employer other than the employer actually qualifying for the credits.
(B) Carryover. Credit may be carried forward for the five successive years if the amount allowable as credit exceeds income tax liability in a tax year; however, thereafter, if the amount allowable as a credit exceeds the tax liability, the amount of excess shall not be refundable or carried forward to any other taxable year.
(C) Eligible facility. An eligible facility must have an average daily enrollment for the taxable year of no less than six persons sixty years of age or older and be licensed or certified according to the
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applicable law or regulations; or must serve five or fewer persons age sixty or older in a family child care/elder care home approved by the office of children and family services for participation in the United States department of agriculture child and adult nutrition program; or must serve adult relatives of employees in either a community-based elder care facility or a facility at the employment site; or must serve adult dependents having physical, emotional, or mental disabilities in either a community-based facility or a facility at the employment site.
(D) Certification. Taxpayers shall be certified as eligible for the tax credit by the office of children and family services for programs serving elderly adults and by the commissioner for programs serving other adult dependents.
(E) Additional credit. In addition to the credit allowed pursuant to subparagraph (A) of this paragraph, there shall be allowed an additional credit, subject to the provisions of subparagraph (B) of this paragraph, for additional eligible expenses assumed or incurred by the employer which increase the quality, availability, and affordability of dependent care in the community used by employees during the employees' work hours. The commissioner shall promulgate rules and regulations defining the eligibility of expenses and the amount of the credit allowable therefor. The commissioner shall further provide an additional credit for administrative costs incurred in complying with the foregoing provisions.
(2) Individual. (A) Allowance of credit. A taxpayer shall be allowed a credit against the tax imposed by this article for the amount, not to exceed one thousand dollars for each elderly dependent of the taxpayer for which adult day care services are provided, actually expended by the taxpayer as payment to an eligible facility for providing dependent care during the taxpayer's work hours, which care must be provided in an eligible facility, as described in subparagraph (C) of this paragraph. This cost is net of any reimbursement. The credit shall not be allowed for any expenses which are paid by an employer of the taxpayer and serve as the basis for a tax credit for such employer. The credits allowed under this paragraph shall not be used by any taxpayer other than the taxpayer actually qualifying for the credits.
(B) Carryover. Credit may be carried forward for the five successive years if the amount allowable as credit exceeds income tax liability in a tax year; however, thereafter, if the amount allowable as a credit exceeds the tax liability, the amount of excess shall not be refundable or carried forward to any other taxable year.
(C) Eligible facility. An eligible facility must have an average daily enrollment for the taxable year of no less than six persons sixty years of age or older and be licensed or certified according to the applicable law or regulations; or must serve five or fewer persons age sixty or older in a family child care/elder care home approved by the office of children and family services for participation in the United States department of agriculture child and adult nutrition program; or must serve adult relatives of employees in either a community-based elder care facility or a facility at the employment site; or must serve adult dependents having physical, emotional, or mental disabilities in either a community-based facility or a facility at the employment site.
§ 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xliii) to read as follows:
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(xliii) Dependent elderly care Amount of credit for credit under paragraph one of employee elderly dependent care subsection (v) under subdivision forty-nine
of section two hundred ten-B
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to taxable years commencing on and after such effective date; provided, however, that, effective immediately, the commissioners of taxation and finance, and children and family services are authorized and directed to promulgate any rules and regulations, and take any other measures necessary to implement the provisions of this act on its effective date.
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