S1840-2011 Actions

• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 13, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S1840-2011 Memo

BILL NUMBER:S1840

TITLE OF BILL:
An act
to amend the tax law, in relation to authorizing a tax credit for
general volunteer services performed for a governmental entity or
charitable not-for-profit corporations or organizations

PURPOSE:

SUMMARY OF PROVISIONS:
This bill adds section six hundred and twenty-B to the Tax Law to
allow a New York State tax credit of $150 for at least 150 hours of
volunteer services, in any taxable year, for such services to
federal, state or municipal organizations;
provides that the tax credit received not exceed the amount of tax
owed and that no credit be granted for volunteer services which are
normally and customarily performed by a paid employee; requires the
tax commissioner to provide a method of documenting the hours served
by a volunteer and to issue certificates of eligibility to
not-for-profit corporations or organizations established for
charitable purposes.

JUSTIFICATION:
Presently, when an individual makes a charitable monetary
contribution, he/she is allowed a tax credit for that contribution. A
person who donates considerable and consistent time and effort for a
particular cause deserves similar recompense. In addition, more
people would be motivated to volunteer because of the possibility of
a tax credit, and present volunteers would have incentive to remain.
Providing a tax credit for these volunteer workers would constitute
well deserved recognition of the significant rendered volunteers.

FISCAL IMPLICATIONS:
Estimated at less than two million dollars.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all taxable
years commencing after December thirty-first of the year preceding
such effective date.

S1840-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1840
 2011-2012 Regular Sessions
 I N  SENATE
 January 13, 2011
 
 Introduced by Sens. OPPENHEIMER, DIAZ, SAMPSON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Investi
 gations and Government Operations
 

AN ACT to amend the tax law, in relation to authorizing a tax credit for
 general  volunteer  services  performed  for  a governmental entity or
 charitable not-for-profit corporations or organizations
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.    The tax law is amended by adding a new section 620-B to
 read as follows:

 

S 620-B. CREDIT FOR GENERAL VOLUNTEER SERVICES PERFORMED FOR  CHARITA
 BLE NOT-FOR-PROFIT CORPORATIONS OR ORGANIZATIONS.  (A) GENERAL.  A RESI
 DENT  SHALL BE ALLOWED A CREDIT AGAINST THE TAX OTHERWISE DUE UNDER THIS
 ARTICLE IN THE AMOUNT OF ONE HUNDRED FIFTY DOLLARS, PROVIDED SUCH  RESI
 DENT PERFORMED GENERAL VOLUNTEER SERVICES FOR AT LEAST ONE HUNDRED FIFTY
 HOURS  IN  ANY  TAXABLE YEAR FOR FEDERAL, STATE OR MUNICIPAL AGENCIES OR
 CHARITABLE NOT-FOR-PROFIT CORPORATIONS OR ORGANIZATIONS.
 (B) LIMITATION. NOTWITHSTANDING THE PROVISIONS OF  SUBSECTION  (A)  OF
 THIS  SECTION,  SUCH  CREDIT  SHALL NOT EXCEED THE AMOUNT OF TAX OWED BY
 SUCH RESIDENT FOR ANY TAXABLE YEAR; NOR SHALL ANY CREDIT BE GRANTED  FOR
 VOLUNTEER SERVICES PROVIDED BY A RESIDENT WHICH ARE NORMALLY AND CUSTOM
 ARILY  PERFORMED  BY  A PAID EMPLOYEE OF THE FEDERAL, STATE OR MUNICIPAL
 AGENCY OR THE CHARITABLE NOT-FOR-PROFIT CORPORATION OR ORGANIZATION  FOR
 WHICH THE RESIDENT IS PROVIDING SUCH SERVICES.
 (C) REGULATIONS OF THE COMMISSIONER. THE COMMISSIONER SHALL PROVIDE BY
 REGULATION  A METHOD OF DOCUMENTING THE ACTUAL PERFORMANCE BY A RESIDENT
 OF THE HOURS OF GENERAL VOLUNTEER SERVICE REQUIRED TO  ESTABLISH  ELIGI
 BILITY FOR THE TAX CREDIT AUTHORIZED HEREIN. THE COMMISSIONER SHALL ALSO
 ISSUE  CERTIFICATES  OF  ELIGIBILITY  TO  NOT-FOR-PROFIT CORPORATIONS OR
 ORGANIZATIONS WHICH ARE ORGANIZED FOR CHARITABLE PURPOSES IF THE COMMIS
 SIONER IS SATISFIED, UPON APPLICATION OF SUCH CORPORATION  OR  ORGANIZA
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06317-01-1
 
       S. 1840                             2
 TION, THAT SUCH CORPORATION OR ORGANIZATION IS REGULARLY AND EFFECTIVELY
 PERFORMING  CHARITABLE  WORKS CONSISTENT WITH THE PURPOSES FOR WHICH THE
 SAME WERE INCORPORATED OR ORGANIZED.   ONLY GENERAL  VOLUNTEER  SERVICES
 PERFORMED  FOR  A  FEDERAL,  STATE  OR  MUNICIPAL  AGENCY OR A CERTIFIED
 NOT-FOR-PROFIT CORPORATION OR ORGANIZATION SHALL QUALIFY FOR THE  CREDIT
 AUTHORIZED HEREIN.
 

S  2.  This  act  shall take effect immediately and shall apply to all
 taxable years commencing after December thirty-first of the year preced
 ing such effective date.

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