S T A T E O F N E W Y O R K ________________________________________________________________________ 192--A 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MAZIARZ, DeFRANCISCO, DIAZ, LANZA, RANZENHOFER, SALAND, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Oper- ations -- recommitted to the Committee on Investigations and Govern- ment Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to establishing an elder care tax credit 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 (uu) to read as follows: 3 (UU) ELDER CARE CREDIT. FOR TAXABLE YEARS COMMENCING ON AND AFTER 4 JANUARY ONE, TWO THOUSAND FOURTEEN, A QUALIFIED TAXPAYER SHALL BE 5 ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE IN AN AMOUNT 6 EQUAL TO ONE THOUSAND DOLLARS. FOR THE PURPOSES OF THIS SUBSECTION A 7 "QUALIFIED TAXPAYER" SHALL MEAN A SINGLE PERSON WITH AN INCOME OF FORTY 8 THOUSAND DOLLARS OR LESS OR MARRIED PERSONS FILING JOINTLY WITH AN 9 INCOME OF SEVENTY-FIVE THOUSAND DOLLARS OR LESS WHO CARES FOR AN ELDERLY 10 DEPENDENT WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER, RELATED TO THE 11 TAXPAYER WITHIN THE THIRD DEGREE OF CONSANGUINITY, WHO RESIDED WITH THE 12 TAXPAYER FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE TAXABLE YEAR 13 FOR WHICH THE CREDIT IS CLAIMED AND WHOSE INCOME IS THIRTEEN THOUSAND 14 DOLLARS OR LESS FOR A SINGLE ELDERLY DEPENDENT OR TWENTY THOUSAND 15 DOLLARS OR LESS FOR MARRIED ELDERLY DEPENDENTS. 16 S 2. Section 210 of the tax law is amended by adding a new subdivision 17 14 to read as follows: 18 14. ELDER CARE CREDIT. (A) THERE SHALL BE ALLOWED AS A CREDIT AGAINST 19 THE TAX IMPOSED BY THIS ARTICLE FOR ANY TAXABLE YEAR AN AMOUNT EQUAL TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01112-02-2 S. 192--A 2 1 TWENTY-FIVE PERCENT OF THE AMOUNT EXPENDED BY ANY EMPLOYER PROVIDING 2 ELDER CARE FOR EMPLOYEES DURING THE EMPLOYEE'S WORK HOURS. CREDIT SHALL 3 BE APPLIED TO THE COST OF ANY CONTRACT EXECUTED BY THE EMPLOYER FOR 4 OFF-SITE SERVICES TO PROVIDE ELDER CARE; OR, IF THE EMPLOYER ELECTS TO 5 PROVIDE ELDER CARE ON-SITE, TO EXPENSES OF ELDER CARE STAFF, LEARNING 6 AND RECREATIONAL MATERIALS AND EQUIPMENT, AND THE CONSTRUCTION AND MAIN- 7 TENANCE OF A FACILITY. A CREDIT PURSUANT TO THE PROVISIONS OF THIS 8 SUBDIVISION SHALL NOT BE ALLOWED FOR ANY EXPENSES WHICH SERVE AS THE 9 BASIS FOR A PERSONAL INCOME TAX CREDIT PURSUANT TO THE PROVISIONS OF 10 SUBSECTION (UU) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER. THE CREDIT 11 ALLOWED UNDER THIS SUBDIVISION SHALL NOT BE USED BY ANY EMPLOYER OTHER 12 THAN AN ELIGIBLE EMPLOYER WITH AN OFF-SITE OR ON-SITE ENROLLMENT FOR THE 13 TAXABLE YEAR OF NO LESS THAN SIX PERSONS SIXTY-FIVE YEARS OF AGE OR 14 OLDER RECEIVING ELDER CARE. FOR THE PURPOSES OF THIS SUBDIVISION, AN 15 "ELIGIBLE EMPLOYER" SHALL MEAN AN EMPLOYER PROVIDING ELDER CARE IN 16 ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION WHICH HAS BEEN 17 LICENSED OR CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE PROVISIONS OF 18 THE PUBLIC HEALTH LAW AND SOCIAL SERVICES LAW AND HAS BEEN CERTIFIED BY 19 THE DEPARTMENT OF HEALTH AS ELIGIBLE TO RECEIVE THE CREDIT PURSUANT TO 20 THIS SUBDIVISION. 21 (B) CREDIT MAY BE CARRIED FORWARD FOR THREE SUCCESSIVE YEARS IF THE 22 AMOUNT ALLOWABLE AS CREDIT EXCEEDS INCOME TAX LIABILITY IN A TAXABLE 23 YEAR; HOWEVER, THEREAFTER, IF THE AMOUNT ALLOWABLE AS A CREDIT EXCEEDS 24 THE TAX LIABILITY, THE AMOUNT OF EXCESS SHALL NOT BE REFUNDABLE OR 25 CARRIED FORWARD TO ANY OTHER TAXABLE YEAR. 26 S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 27 of the tax law is amended by adding a new clause (xxxiv) to read as 28 follows: 29 (XXXIV) ELDER CARE CREDIT UNDER AMOUNT OF CREDIT UNDER 30 SUBSECTION (UU) SUBDIVISION FOURTEEN OF 31 SECTION TWO HUNDRED TEN 32 S 4. The commissioner of taxation and finance, the commissioner of 33 health and the commissioner of the office of children and family 34 services shall promulgate any and all rules and regulations and take any 35 other measures necessary to implement this act on its effective date. 36 S 5. This act shall take effect immediately and shall apply to taxable 37 years beginning on and after January 1, 2014.