S T A T E   O F   N E W   Y O R K
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                                   6988
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Ways and Means
 
 AN  ACT  to amend the tax law, in relation to minimum wage reimbursement
   credit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 38 of the tax law, as added by section 1 of part EE
 of chapter 59 of the laws of 2013, is renumbered section 44 and subdivi-
 sions (b) and (c) are amended to read as follows:
   (b)  An  eligible  employer  is  a corporation (including a New York S
 corporation), a sole proprietorship, a limited liability  company  or  a
 partnership.  An  eligible employee is an individual who is (i) employed
 by an eligible employer in New York state, (ii) paid at the minimum wage
 rate as defined in article nineteen of the labor law during the  taxable
 year  by  the  eligible  employer, (iii) between the ages of sixteen and
 nineteen during the period in which he or she is paid  at  such  minimum
 wage rate by the eligible employer, and (iv) a student during the period
 in  which  he  or she is paid at such minimum wage rate by the taxpayer.
 FOR TAXABLE YEARS BEGINNING ON AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
 NINETEEN,  AN  ELIGIBLE EMPLOYEE IS AN INDIVIDUAL WHO IS (I) EMPLOYED BY
 AN ELIGIBLE EMPLOYER IN NEW YORK STATE, (II) PAID AT A  RATE  THAT  DOES
 NOT  EXCEED  THE MINIMUM WAGE RATE AS DEFINED IN ARTICLE NINETEEN OF THE
 LABOR LAW PLUS FIFTY CENTS DURING  THE  TAXABLE  YEAR  BY  THE  ELIGIBLE
 EMPLOYER,  (III)  BETWEEN  THE  AGES  OF SIXTEEN AND NINETEEN DURING THE
 PERIOD IN WHICH HE OR SHE IS PAID AT SUCH RATE THAT DOES NOT EXCEED SUCH
 MINIMUM WAGE RATE PLUS FIFTY CENTS BY THE ELIGIBLE EMPLOYER, AND (IV)  A
 STUDENT  DURING  THE PERIOD IN WHICH HE OR SHE IS PAID AT SUCH RATE THAT
 DOES NOT EXCEED SUCH MINIMUM WAGE RATE PLUS FIFTY CENTS BY THE TAXPAYER.
   (c) For taxable years beginning on or after January first,  two  thou-
 sand fourteen and before January first, two thousand fifteen, the amount
 of  the  credit allowed under this section shall be equal to the product
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10872-01-9

 A. 6988                             2
 
 of the total number of hours worked during the taxable year by  eligible
 employees  for  which they were paid at the minimum wage rate as defined
 in article nineteen of the labor law  and  [seventy  five]  SEVENTY-FIVE
 cents.  For taxable years beginning on or after January first, two thou-
 sand fifteen and before January first, two thousand sixteen, the  amount
 of  the  credit allowed under this section shall be equal to the product
 of the total number of hours during the taxable year worked by  eligible
 employees  for  which  they  were paid at such minimum wage rate and one
 dollar and thirty-one cents. For taxable years  beginning  on  or  after
 January  first, two thousand sixteen and before January first, two thou-
 sand nineteen, the amount of the credit allowed under this section shall
 be equal to the product of the total number of hours during the  taxable
 year worked by eligible employees for which they were paid at such mini-
 mum  wage  rate  and one dollar and thirty-five cents. FOR TAXABLE YEARS
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND  NINETEEN  AND  BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE AMOUNT OF THE CREDIT ALLOWED
 UNDER  THIS SECTION SHALL BE EQUAL TO THE PRODUCT OF THE TOTAL NUMBER OF
 HOURS DURING THE TAXABLE YEAR WORKED BY  ELIGIBLE  EMPLOYEES  FOR  WHICH
 THEY  WERE  PAID  AT  A RATE THAT DOES NOT EXCEED SUCH MINIMUM WAGE RATE
 PLUS FIFTY CENTS AND ONE DOLLAR AND THIRTY-FIVE CENTS. Provided,  howev-
 er,  if  the federal minimum wage established by federal law pursuant to
 29 U.S.C. section 206 or its successors is increased  above  eighty-five
 percent  of  the  minimum wage in article nineteen of the labor law, the
 dollar amounts in this subdivision shall be reduced  to  the  difference
 between  the  minimum  wage in article nineteen of the labor law and the
 federal minimum wage.  Such reduction would take effect on the date that
 employers are required to pay such federal minimum wage.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2019.