What's happening
This bill creates a tax credit for New York employers who hire National Guard members and reservists, with higher credits for those returning from deployment.
Why it matters
Encourages employment of service members. By offering meaningful tax credits to employers, the bill directly incentivizes businesses to hire National Guard members and reservists, potentially improving job prospects and economic stability for these individuals.
Targets support for returning veterans. The higher credit for those who have completed or returned from deployment recognizes the unique challenges faced by recently activated or deployed service members as they transition back into civilian employment.
Promotes compliance with federal reemployment rights. Eligibility for the tax credit requires employers to comply with the Uniformed Services Employment and Reemployment Rights Act (USERRA), reinforcing legal protections for service members and encouraging fair treatment in the workplace.
Refundable and accessible credit. The credit is structured so that if it exceeds the tax owed, the excess will be refunded, ensuring even smaller employers with low tax liability can benefit, making the incentive more widely accessible regardless of company size.
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Who cares
Headline styles
Tax Credit for Guard Employers
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 111
No co-sponsors yet.
History
- Referred to ways and means
- Referred to ways and means
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1678
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to creating a wage tax credit for employers who employ New York national guard men and women and reservists
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 53 to read as follows:
53. Employment of New York national guard and reserve members wage tax credit. (a) Allowance of credit. A taxpayer shall be allowed a credit, to be computed as provided in paragraph (b) of this subdivision, against the tax imposed by this article, if it employs members of the New York national guard and reserves. Provided, however, such taxpayer shall comply with the Uniformed Services Employment and Reemployment Rights Act, as found in section 4301 et seq. of title 18 of the United States Code.
(b) Amount of credit. The credit allowed pursuant to paragraph (a) of this subdivision shall be in an amount equal to fifteen hundred dollars for each national guard or reserve member employed by such employer and twenty-five hundred dollars for each national guard or reserve member employed by such employer who has completed or returned from a deployment or activation. Provided, however, that no such credit allowed under this subdivision shall exceed two thousand five hundred dollars for each national guard or reserve member employed by such employer.
(c) Application of credit. The credit allowed under this subdivision for any taxable year shall not reduce the tax due for such year to less than the amount prescribed in paragraph (d) of subdivision one of section two hundred ten of this article. If, however, the amount of credits allowed under this subdivision for any taxable year reduces the tax to such amount, any amount of credit thus not deductible in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06234-01-9
A. 1678 2
taxable year shall be treated as an overpayment of tax to be credited or refunded in accordance with the provisions of section one thousand eighty-six of this chapter. Provided, however, the provisions of subsection (c) of section one thousand eighty-eight of this chapter notwithstanding, no interest shall be paid thereon.
§ 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xliv) to read as follows: (xliv) Employment of New Amount of credit York national guard and under subdivision reserve members credit fifty-three of section under subsection (jjj) two hundred ten-B
§ 3. Section 606 of the tax law is amended by adding a new subsection (jjj) to read as follows:
(jjj) Employment of New York national guard and reserve members wage tax credit. (1) Allowance of credit. A taxpayer shall be allowed a credit, to be computed as provided in paragraph two of this subsection, against the tax imposed by this article if they employ members of the New York national guard and reserve. Provided, however, they shall comply with the Uniformed Services Employment and Reemployment Rights Act, as found in section 4301 et seq. of title 18 of the United States Code.
(2) Amount of credit. The credit allowed pursuant to paragraph one of this subsection shall be in an amount equal to one thousand five hundred dollars for each national guard or reserve member employed by such employer and two thousand five hundred dollars for each national guard or reserve member employed by such employer who has completed or returned from a deployment or activation. Provided, however, that no such credit allowed under this subsection shall exceed two thousand five hundred dollars for each national guard or reserve member employed by such employer.
(3) Application of credit. If the amount of the credit allowed under this subsection for any taxable year shall exceed the taxpayer's tax for such 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.
§ 4. This act shall take effect immediately and apply to taxable years beginning on and after January 1, 2022.
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