S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8705

                          I N  A S S E M B L Y

                            February 4, 2014
                               ___________

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  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  210  of  the  tax law is amended by adding a new
subdivision 48 to read as follows:
  48.  EMPLOYMENT OF NEW YORK NATIONAL GUARD AND  RESERVE  MEMBERS  WAGE
TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CRED-
IT,  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  DEPLOY-
MENT 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  HIGHER  OF THE AMOUNT PRESCRIBED IN PARAGRAPHS (C) AND (D) OF
SUBDIVISION ONE OF THIS SECTION. 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13323-01-3

A. 8705                             2

SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause  (xxxvii)  to  read  as
follows:
(XXXVII) EMPLOYMENT OF NEW           AMOUNT OF CREDIT
YORK NATIONAL GUARD AND              UNDER SUBDIVISION
RESERVE MEMBERS CREDIT               FORTY-EIGHT OF SECTION
UNDER SUBSECTION (XX)                TWO HUNDRED TEN
  S  3.  Subsections  (yy)  and  (zz)  of section 606 of the tax law, as
relettered by section 5 of part H of chapter 1 of the laws of 2003,  are
relettered  subsections  (yyy)  and  (zzz), and a new subsection (xx) is
added to read as follows:
  (XX) EMPLOYMENT OF NEW YORK NATIONAL GUARD AND  RESERVE  MEMBERS  WAGE
TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CRED-
IT,  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.
  S 4. This act shall take effect immediately and apply to taxable years
beginning on and after January 1, 2016.