What's happening
The Caregiver's Assistance Act creates a tax credit for certain New York residents who incur expenses caring for senior family members.
Why it matters
Provides financial relief for low- and middle-income families. By capping eligibility at $45,000 (single) and $60,000 (married) adjusted gross income, the credit specifically targets residents most likely to feel the financial strain of caring for elderly relatives at home.
Encourages aging-in-place and family caregiving. The credit covers a wide range of home-based care expenses—including home health aides, equipment, and home modifications—making it more feasible for seniors to remain with family rather than enter institutional care.
Defines “qualifying senior family member” and limits abuse. To qualify, the senior must be a close relative (within the third degree of consanguinity), live with the taxpayer for at least six months, and have a modest income, ensuring the credit benefits genuine family caregiving situations rather than rental or boarding arrangements.
Refundable structure maximizes impact for low-income caregivers. If the credit exceeds the taxpayer’s liability, the excess amount is refunded (though without interest), providing direct cash support even to those with little or no tax owed.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tax Breaks for Caregivers
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Print number 5436a
- Amend and recommit to ways and means
- Referred to ways and means
- Referred to ways and means
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tax Credits for Senior Caregivers
In Senate Committee · Finance · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5436--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Ways and Means -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to establishing the "caregiver's assistance act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "caregiver's assistance act".
§ 2. Section 606 of the tax law is amended by adding a new subsection (jjj) to read as follows:
(jjj) Elder care credit. (1) A taxpayer shall be allowed a credit against the tax imposed by this article for qualified care expenses paid by the taxpayer for the care of a qualifying senior family member. The amount of the credit shall equal the lesser of twenty percent of the qualified care expenses paid by the taxpayer during the taxable year or five hundred fifty-five dollars, whichever is less. If the credit or credits provided pursuant to this section shall exceed the taxpayer's tax for such taxable year, the excess shall be treated as an overpayment of tax to be credited or refunded in accordance with the provisions of section six hundred eighty-six of this article, provided, however, that no interest shall be paid thereon. No credit shall be granted under this subsection if (i) the taxpayer's New York adjusted gross income is greater than forty-five thousand dollars for a single taxpayer or sixty thousand dollars for married taxpayers, or (ii) if the taxpayer has claimed the credit authorized in subsection (c) of this section for qualified care expenses paid for the care of a qualifying senior family member.
(2) As used in this subsection:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03691-04-7
A. 5436--A 2
(A) "Taxpayer" shall mean a resident taxpayer, but shall not include a a part-year resident taxpayer.
(B) "Qualifying senior family member" shall mean a person who resided with the taxpayer for at least six months during the taxable year for which credit is claimed, is within the third degree of consanguinity to the taxpayer, is at least sixty years of age on or before December thirty-first of the taxable year for which credit is claimed and has a New York adjusted gross income for the taxably year for which credit is claimed of thirteen thousand dollars or less for a single family member or twenty thousand dollars or less for a senior family member and his or her spouse. A qualifying senior family member includes a person who otherwise meets the qualifications specified in the preceding sentence but who occupies a separate room or rooms in or at the residence of the taxpayer, such as those commonly referred to as mother-in-law apartments, but shall not include a tenant, subtenant, roomer or boarder who pays a lease or rental fee to the taxpayer for the space.
(C) "Qualified care expenses" shall mean payments made by the taxpayer for goods and services necessary to allow the qualifying senior family member to be maintained in the taxpayer's residence that are: (i) provided to or for the benefit of the qualifying senior family member or to assist the taxpayer in caring for the qualifying senior family member and may be provided by an organization or an individual not related to the taxpayer or the qualifying senior family member; and (ii) not compensated for by insurance or federal or state programs. Such expenses include, but not be limited to, home health agency services, adult day care, companionship services, personal care attendant services, homemaker services, respite care, health care equipment and supplies, home modification, or any other services necessary to provide assistance in two or more activities in daily living.
(3) When two or more taxpayers who do not file joint tax returns may claim credit for the same qualifying senior family member or members pursuant to this subsection, the credit or credits shall be equally divided between or among such individuals unless such individuals file with the commissioner a written agreement setting forth a different division.
(4) The commissioner may require a taxpayer to furnish as support of his or her claim for credit under this subsection receipts for qualified care expenses or other such proofs of payment as shall satisfy the commissioner.
§ 3. This act shall take effect immediately and shall apply to all taxable years beginning on and after January first, two thousand nineteen.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.