A10121-2011 Actions

• May 7, 2012: referred to labor

A10121-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10121
 I N  ASSEMBLY
 May 7, 2012
 
 Introduced  by  M.  of  A.  N. RIVERA  --  read once and referred to the
 Committee on Labor
 

AN ACT to amend the tax law, in relation to a jobs development incentive
 income tax credit available to employers who employ individuals previ
 ously receiving unemployment benefits
 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 45 to read as follows:

 45. JOBS DEVELOPMENT INCENTIVE TAX CREDIT. (A)  A  TAXPAYER  SHALL  BE
 ALLOWED  A  CREDIT,  TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE
 TAX IMPOSED BY THIS ARTICLE IN THE AMOUNT PRESCRIBED BY THIS SUBDIVISION
 WHERE SUCH TAXPAYER EMPLOYS ONE OR MORE CREDITABLE EMPLOYEE.
 (B) THE AMOUNT OF THE  CREDIT  SHALL  BE  TWO  THOUSAND  FOUR  HUNDRED
 DOLLARS FOR EACH CREDITABLE EMPLOYEE.
 (C)  FOR THE PURPOSES OF THIS SUBDIVISION, "CREDITABLE EMPLOYEE" SHALL
 MEAN A NEW EMPLOYEE OF AN EMPLOYER WHO:

 (I) IS EMPLOYED BY THE EMPLOYER FOR THE FIRST TIME  ON  OR  AFTER  THE
 EFFECTIVE DATE OF THIS SUBDIVISION;
 (II) HAS FILED A CLAIM FOR UNEMPLOYMENT COMPENSATION IN THIS STATE;
 (III)  HAS  RECEIVED  UNEMPLOYMENT BENEFITS IN THIS STATE FOR AT LEAST
 TWO MONTHS;
 (IV) IS CURRENTLY RECEIVING WEEKLY UNEMPLOYMENT COMPENSATION  BENEFITS
 ON THAT CLAIM UNDER THE PROVISIONS OF TITLE SEVEN OF ARTICLE EIGHTEEN OF
 THE LABOR LAW; AND
 (V)  SUCH  BENEFITS ARE CHARGEABLE TO THE EXPERIENCE RATING ACCOUNT OF
 AN EMPLOYER UNDER THIS ARTICLE; OR
 (VI) HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO SECTION
 FIVE HUNDRED NINETY-NINE OF THE LABOR LAW; AND
 (VII) PERFORMS SERVICES IN ACCORDANCE WITH  SUBDIVISION  ONE,  TWO  OR
 FOUR OF SECTION FIVE HUNDRED ELEVEN OF THE LABOR LAW;
 (VIII)  REMAINS  EMPLOYED  BY  THE  EMPLOYER  FOR AT LEAST TWENTY-FOUR
 CONSECUTIVE MONTHS; AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02530-03-2
 
       A. 10121                            2
 (IX) DURING THE ENTIRE PERIOD SUCH  EMPLOYMENT  SHALL  CONSIST  OF  AT
 LEAST THIRTY HOURS PER WEEK.
 (D)  FOR  THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:

 (I) "NEW EMPLOYEE" SHALL MEAN ANY FULL TIME EMPLOYEE THAT  CAUSES  THE
 TOTAL  NUMBER  OF  EMPLOYEES TO INCREASE ABOVE BASE EMPLOYMENT OR CREDIT
 EMPLOYMENT, WHICHEVER IS HIGHER.
 (II) "BASE YEAR" SHALL MEAN CALENDAR YEAR TWO THOUSAND ELEVEN.
 (III) "BASE EMPLOYMENT" SHALL MEAN THE  AVERAGE  NUMBER  OF  FULL-TIME
 EMPLOYEES  OR FULL-TIME EQUIVALENT EMPLOYEES DURING THE BASE YEAR. FOR A
 NEW BUSINESS, BASE EMPLOYMENT SHALL BEGIN AT ZERO.
 (IV) "CREDIT EMPLOYMENT" SHALL MEAN BASE EMPLOYMENT PLUS THE NUMBER OF
 NEW EMPLOYEES FOR WHICH A CREDIT IS EARNED.
 (E) AN EMPLOYER WHO HAS ONE OR  MORE  CREDITABLE  EMPLOYEES  SHALL  BE
 ELIGIBLE  TO APPLY FOR AND RECEIVE THE CREDIT ESTABLISHED IN THIS SUBDI
 VISION. ELIGIBILITY FOR THE CREDIT SHALL BE ESTABLISHED AS OF  THE  TIME
 THE  CREDITABLE  EMPLOYEE  COMPLETES  TWENTY-FOUR  CONSECUTIVE MONTHS OF
 EMPLOYMENT, AND THE CREDIT SHALL BE CLAIMED  FOR  THE  TAXABLE  YEAR  IN
 WHICH THE TWENTY-FOURTH MONTH OF SUCH EMPLOYMENT IS COMPLETED.
 (F)  IN  NO  EVENT SHALL THE TOTAL AMOUNT OF ANY TAX CREDIT UNDER THIS
 SUBDIVISION FOR A TAXABLE YEAR EXCEED THE TAXPAYER'S INCOME TAX  LIABIL
 ITY.  ANY  UNUSED  TAX  CREDIT SHALL BE ALLOWED TO BE CARRIED FORWARD TO
 APPLY TO THE TAXPAYER'S SUCCEEDING FIVE YEARS' TAX  LIABILITY.  NO  SUCH
 TAX  CREDIT  SHALL  BE  ALLOWED  THE  TAXPAYER  AGAINST PRIOR YEARS' TAX
 LIABILITY.
 (G) THE CREDIT SHALL BE CLAIMED AND GRANTED IN SUCH MANNER AS SHALL BE
 SPECIFIED BY RULES ADOPTED BY THE COMMISSIONER.
 

S 2.

Section 606 of the tax law is amended by adding a new  subsection
 (uu) to read as follows:

 (UU)  JOBS  DEVELOPMENT  INCENTIVE TAX CREDIT. (1) A TAXPAYER SHALL BE
 ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER  PROVIDED,  AGAINST  THE
 TAX  IMPOSED BY THIS ARTICLE IN THE AMOUNT PRESCRIBED BY THIS SUBSECTION
 WHERE SUCH TAXPAYER EMPLOYS ONE OR MORE CREDITABLE EMPLOYEE.
 (2) THE AMOUNT OF THE  CREDIT  SHALL  BE  TWO  THOUSAND  FOUR  HUNDRED
 DOLLARS FOR EACH CREDITABLE EMPLOYEE.
 (3)  FOR  THE PURPOSES OF THIS SUBSECTION, "CREDITABLE EMPLOYEE" SHALL
 MEAN A NEW EMPLOYEE OF AN EMPLOYER WHO:

 (A) IS EMPLOYED BY THE EMPLOYER FOR THE FIRST TIME  ON  OR  AFTER  THE
 EFFECTIVE DATE OF THIS SUBSECTION;
 (B) HAS FILED A CLAIM FOR UNEMPLOYMENT COMPENSATION IN THIS STATE;
 (C)  HAS RECEIVED UNEMPLOYMENT BENEFITS IN THIS STATE FOR AT LEAST TWO
 MONTHS;
 (D) IS CURRENTLY RECEIVING WEEKLY UNEMPLOYMENT  COMPENSATION  BENEFITS
 ON THAT CLAIM UNDER THE PROVISIONS OF TITLE SEVEN OF ARTICLE EIGHTEEN OF
 THE LABOR LAW; AND
 (E)  SUCH  BENEFITS ARE CHARGEABLE TO THE EXPERIENCE RATING ACCOUNT OF
 AN EMPLOYER UNDER THIS ARTICLE; OR
 (F) HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO  SECTION
 FIVE HUNDRED NINETY-NINE OF THE LABOR LAW; AND
 (G)  PERFORMS SERVICES IN ACCORDANCE WITH SUBDIVISION ONE, TWO OR FOUR
 OF SECTION FIVE HUNDRED ELEVEN OF THE LABOR LAW;
 (H) REMAINS EMPLOYED BY THE EMPLOYER FOR AT LEAST TWENTY-FOUR  CONSEC
 UTIVE MONTHS; AND
 (I) DURING THE ENTIRE PERIOD SUCH EMPLOYMENT SHALL CONSIST OF AT LEAST
 THIRTY HOURS PER WEEK.
 
       A. 10121                            3
 (4) FOR THE PURPOSES OF THIS SUBSECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:

 (A)  "NEW  EMPLOYEE" SHALL MEAN ANY FULL TIME EMPLOYEE THAT CAUSES THE
 TOTAL NUMBER OF EMPLOYEES TO INCREASE ABOVE BASE  EMPLOYMENT  OR  CREDIT
 EMPLOYMENT, WHICHEVER IS HIGHER.
 (B) "BASE YEAR" SHALL MEAN CALENDAR YEAR TWO THOUSAND ELEVEN.
 (C)  "BASE  EMPLOYMENT"  SHALL  MEAN  THE  AVERAGE NUMBER OF FULL TIME
 EMPLOYEES OR FULL TIME EQUIVALENT EMPLOYEES DURING THE BASE YEAR. FOR  A
 NEW BUSINESS, BASE EMPLOYMENT SHALL BEGIN AT ZERO.
 (D)  "CREDIT EMPLOYMENT" SHALL MEAN BASE EMPLOYMENT PLUS THE NUMBER OF
 NEW EMPLOYEES FOR WHICH A CREDIT IS EARNED.
 (5) AN EMPLOYER WHO HAS ONE OR  MORE  CREDITABLE  EMPLOYEES  SHALL  BE
 ELIGIBLE  TO  APPLY  FOR  AND  RECEIVE  THE  CREDIT  ESTABLISHED IN THIS
 SUBSECTION. ELIGIBILITY FOR THE CREDIT SHALL BE ESTABLISHED  AS  OF  THE
 TIME THE CREDITABLE EMPLOYEE COMPLETES TWENTY-FOUR CONSECUTIVE MONTHS OF
 EMPLOYMENT,  AND  THE  CREDIT  SHALL  BE CLAIMED FOR THE TAXABLE YEAR IN
 WHICH THE TWENTY-FOURTH MONTH OF SUCH EMPLOYMENT IS COMPLETED.
 (6) IN NO EVENT SHALL THE TOTAL AMOUNT OF ANY TAX  CREDIT  UNDER  THIS
 SUBSECTION  FOR  A TAXABLE YEAR EXCEED THE TAXPAYER'S INCOME TAX LIABIL
 ITY. ANY UNUSED TAX CREDIT SHALL BE ALLOWED TO  BE  CARRIED  FORWARD  TO
 APPLY  TO  THE  TAXPAYER'S SUCCEEDING FIVE YEARS' TAX LIABILITY. NO SUCH
 TAX CREDIT SHALL BE  ALLOWED  THE  TAXPAYER  AGAINST  PRIOR  YEARS'  TAX
 LIABILITY.
 (7) THE CREDIT SHALL BE CLAIMED AND GRANTED IN SUCH MANNER AS SHALL BE
 SPECIFIED BY RULES ADOPTED BY THE COMMISSIONER.
 

S  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a new  clause  (xxxiv)  to  read  as
 follows:

 (XXXIV) JOBS DEVELOPMENT INCENTIVE   AMOUNT OF CREDIT UNDER
 TAX CREDIT UNDER SUBSECTION (UU)     SUBDIVISION FORTY-FIVE OF SECTION
 TWO HUNDRED TEN OF THIS CHAPTER
 

S 4. This act shall take effect immediately.

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