S T A T E   O F   N E W   Y O R K
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                                  3851

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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-B  of the tax law is amended by adding a new
subdivision 49 to read as follows:
  49.  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 SECTION TWO HUNDRED TEN OF THIS ARTICLE.  IF,  HOWEV-
ER, THE AMOUNT OF CREDITS ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR  REDUCES  THE  TAX  TO  SUCH  AMOUNT, ANY AMOUNT OF CREDIT THUS NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01635-01-5
              

A. 3851                             2

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  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 (xli) to read as
follows:
(XLI) EMPLOYMENT OF NEW              AMOUNT OF CREDIT
YORK NATIONAL GUARD AND              UNDER SUBDIVISION
RESERVE MEMBERS CREDIT               FORTY-NINE OF SECTION
UNDER SUBSECTION (CCC)               TWO HUNDRED TEN-B
  S 3. Section 606 of the tax law is amended by adding a new  subsection
(ccc) to read as follows:
  (CCC)  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, 2018.