 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4752
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  MANKTELOW  --  read once and referred to the
          Committee on Ways and Means
 
        AN ACT to amend the tax law, in relation to deductions against  personal
          income tax
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (w) to read as follows:
     3    (w)  Child  care  tax  deduction.  (1)  A  taxpayer shall be allowed a
     4  deduction against the tax imposed by this article.  The  amount  of  the
     5  deduction shall be equal to the amount of income not to exceed ten thou-
     6  sand  dollars  earned  by  an  at  home  parent  by providing child care
     7  services for up to two qualifying children.
     8    (2)(A) For the purposes of this subsection, "at home parent"  means  a
     9  parent  who provides full-time care at the parent's residence for one or
    10  more of the parent's own qualifying pre-school children and  who  claims
    11  the  qualifying  child  as a dependent on the parent's individual income
    12  tax return for the taxable year for which the parent claims the credit.
    13    (B) For the purposes of this subsection, "parent" means an  individual
    14  who:
    15    (i) is the biological mother or father of a qualifying child; or
    16    (ii) is the stepfather or stepmother of a qualifying child; or
    17    (iii)  legally  adopts  a  qualifying child; or has a qualifying child
    18  placed in the individual's home  by  a  child  placing  agency  for  the
    19  purpose of legally adopting the child; or
    20    (iv) is a legal guardian of a qualifying child.
    21    (C)  For  the  purposes  of this subsection "qualifying child" means a
    22  child who is not older than six years of age and is yet to enroll  in  a
    23  certified  elementary  school  program  or  has  enrolled in a certified
    24  elementary school program at some point during the taxable year.
    25    § 2. This act shall take effect on the first of January next  succeed-
    26  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08463-01-1
Creates a child care tax deduction

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