S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5212
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CASTORINA  --  read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to a child care tax credit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ccc) to read as follows:
   (CCC) CHILD CARE CREDIT. (1) ALLOWANCE OF CREDIT. A RESIDENT  TAXPAYER
 SHALL  BE ALLOWED A CREDIT AGAINST THE TAXES IMPOSED BY THIS ARTICLE FOR
 CHILD CARE EXPENSES.
   (2) CHILD CARE. CHILD CARE MEANS CARE PROVIDED TO A  QUALIFYING  CHILD
 OF THE TAXPAYER FOR THE PURPOSES OF ALLOWING THE TAXPAYER TO BE GAINFUL-
 LY  EMPLOYED,  TO  SEEK EMPLOYMENT OR TO ATTEND SCHOOL ON A FULL-TIME OR
 PART-TIME BASIS, EXCEPT THAT THE TERM DOES NOT INCLUDE CARE PROVIDED BY:
   (A) THE CHILD'S PARENT OR GUARDIAN, UNLESS THE CARE IS PROVIDED BY THE
 PARENT IN A CERTIFIED OR REGISTERED CHILD CARE FACILITY; OR  THE  PARENT
 OR GUARDIAN IS PHYSICALLY INCAPABLE OF CARING FOR THE CHILD; OR
   (B)  A  CHILD  OF  THE  TAXPAYER WHO HAS NOT YET ATTAINED AGE NINETEEN
 YEARS OF AGE AT THE CLOSE OF THE TAX YEAR.
   (3) CHILD CARE EXPENSES. CHILD CARE EXPENSES MEANS THE  COSTS  ASSOCI-
 ATED  WITH  PROVIDING  CHILD  CARE  TO  A QUALIFYING CHILD OF A RESIDENT
 TAXPAYER.
   (4) QUALIFYING CHILD. QUALIFYING CHILD MEANS A CHILD OF  THE  TAXPAYER
 WHO IS THIRTEEN YEARS OF AGE OR YOUNGER, OR WHO IS A DISABLED CHILD.
   (5)  AMOUNT  OF  CREDIT. A RESIDENT TAXPAYER SHALL BE ALLOWED A CREDIT
 AGAINST THE TAX IMPOSED BY THIS ARTICLE OF TWENTY-FIVE  PERCENT  OF  THE
 EXPENSES OF CHILD CARE.
   § 2. This act shall take effect immediately and shall apply to taxable
 years commencing on or after January 1, 2018.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09285-01-7