Bill S6631A-2013

Relates to providing tax credits for employees who have a developmental disability

Provides business franchise, personal income, banking franchise and insurance franchise tax credits for a portion of the wages paid to certain employees who have a developmental disability.

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  • Feb 26, 2014: PRINT NUMBER 6631A
  • Feb 26, 2014: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Feb 19, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S6631A

TITLE OF BILL: An act to amend the tax law, in relation to establishing business franchise, personal income, banking franchise and insurance franchise tax credits for a portion of the wages paid to certain employees who have a developmental disability

PURPOSE:

Allows tax credits for employers who hire qualified employees who has a developmental disability.

SUMMARY OF PROVISIONS:

Section 1 defines parameters for the tax credit for hiring developmentally disabled individuals as, not fewer than thirty hours per week if full-time and not less than fifteen hours per week if part-time. Requires a minimum employment period of not less than six months; defines a qualified taxpayer as an employer, other than that of the federal, state, or local government; defines a qualifies employee as an individual who resides in this state. The developmentally disabled individual must begin work prior to January 1, 2015 and prior to January 1, 2018. Allows for the maximum credit of fifteen percent for a full-time employee and ten percent for a part-time employee, while not exceeding five thousand dollars for any tax year. Allows for carryover of any non-deductible credit for the following three years.

Section 2 adds a new clause, xxxvii, under section 606 of the tax law.

Section 3 amends section 606 of the tax law to allow for a tax credit for employment of an employee who has a developmental disability; defines criteria for receiving credit.

Section 4 amends section 1456 of the tax law to allow for a credit for employers hiring qualified employees with developmental disabilities.

Section 5 amends section 1511 of the tax law to allow for a credit for employers hiring qualified employees with developmental disabilities.

Section 6 is the effective date.

JUSTIFICATION:

In the wake of the Olmstead v. L.C. decision handed down by the United State Supreme Court there has been national response to move away from the "sheltered workshop" model of employment for individuals with developmental disabilities, and because of this it is now more important than ever to incentivize integrated employment opportunities. Only 44 percent of adults with developmental disabilities are in the workforce, compared to 83 percent of non-disabled adults. This legislation not only incentivizes employment, it will enhance disabled adults' overall quality of life by increasing social interaction, creating a sense of belonging to their community, and earning a paycheck. In addition, employers will not only benefit from a tax credit, but gain dedicated, caring, and hardworking employees who will increase the employers' understanding

of the tremendous contributions made by individuals with developmental disabilities across New York State.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect January 1, 2015; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 6631--A IN SENATE February 19, 2014 ___________
Introduced by Sens. CARLUCCI, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to establishing business fran- chise, personal income, banking franchise and insurance franchise tax credits for a portion of the wages paid to certain employees who have a developmental disability 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 23-b to read as follows: 23-B. CREDIT FOR EMPLOYMENT OF AN EMPLOYEE WHO HAS A DEVELOPMENTAL DISABILITY. (A) ALLOWANCE OF CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR HIRING AND EMPLOYING, FOR NOT LESS THAN SIX MONTHS AND FOR NOT LESS THAN THIRTY HOURS EACH WEEK, OR FOR PART-TIME WORK FOR NOT LESS THAN FIFTEEN HOURS A WEEK, A QUALI- FIED EMPLOYEE WITHIN THE STATE. (B) QUALIFIED TAXPAYER. A QUALIFIED TAXPAYER IS A TAXPAYER WHICH IS AN EMPLOYER, OTHER THAN THE FEDERAL, THE STATE OR A LOCAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF. (C) QUALIFIED EMPLOYEE. A QUALIFIED EMPLOYEE IS AN INDIVIDUAL WHO RESIDES IN THIS STATE: (1) WHO IS DEEMED TO HAVE A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; (2) WHO COMMENCES EMPLOYMENT BY THE QUALIFIED TAXPAYER ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, AND BEFORE JANUARY FIRST, TWO THOU- SAND EIGHTEEN; (3) WHO CERTIFIES BY SIGNED AFFIDAVIT, UNDER PENALTY OF PERJURY, THAT HE OR SHE HAS NOT BEEN EMPLOYED FOR THIRTY OR MORE HOURS OR THAT HE OR SHE HAS NOT BEEN EMPLOYED FOR FIFTEEN OR MORE HOURS DURING ANY WEEK IN THE NINETY DAY PERIOD IMMEDIATELY PRIOR TO HIS OR HER EMPLOYMENT BY THE QUALIFIED TAXPAYER;
(4) WHO WAS NOT EMPLOYED BY THE QUALIFIED TAXPAYER TO REPLACE ANOTHER EMPLOYEE; AND/OR (5) WHO IS A CURRENT EMPLOYEE OF A SHELTERED WORKSHOP, WHICH FOR PURPOSES OF THIS SUBDIVISION IS DEFINED AS AN ORGANIZATION OR ENVIRON- MENT THAT EMPLOYS PEOPLE WITH DISABILITIES SEGREGATED FROM OTHERS; OR (6) WHO WAS UNEMPLOYED FOR AT LEAST THREE MONTHS PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN. (D) CERTIFICATION OF QUALIFIED EMPLOYEE. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO DETERMINE IF A PERSON IS CERTIFIED AS A QUALIFIED EMPLOYEE. (E) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE FIFTEEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN; PROVIDED, HOWEVER, THAT THE QUALI- FIED EMPLOYEE IS EMPLOYED FOR NOT LESS THAN SIX MONTHS AND IS FULL TIME TOTALING AT LEAST THIRTY HOURS PER WEEK. A QUALIFIED PART TIME EMPLOYEE WHO WORKS AT LEAST FIFTEEN HOURS PER WEEK AND IS EMPLOYED FOR NOT LESS THAN SIX MONTHS SHALL RECEIVE A CREDIT OF TEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN. THE CREDIT ALLOWED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED, DURING ANY TAXABLE YEAR, FIVE THOUSAND DOLLARS FOR ANY QUALIFIED FULL TIME EMPLOYEE AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR ANY QUALI- FIED PART TIME EMPLOYEE. "QUALIFIED WAGES" MEANS WAGES PAID OR INCURRED BY THE QUALIFIED TAXPAYER DURING THE TAXABLE YEAR TO A QUALIFIED EMPLOY- EE WHICH ARE ATTRIBUTABLE, WITH RESPECT TO SUCH EMPLOYEE, TO SERVICES RENDERED BY THE QUALIFIED EMPLOYEE. (F) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA- BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING THREE YEARS, AND MAY BE DEDUCTED FROM THE QUALIFIED TAXPAYER'S TAX FOR SUCH YEARS. S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xxxvii) to read as follows: (XXXVII) CREDIT FOR EMPLOYMENT QUALIFIED WAGES OF CERTAIN EMPLOYEES UNDER SUBDIVISION UNDER SUBSECTION (A-3) TWENTY-THREE-B OF SECTION TWO HUNDRED TEN OR SUBSECTION (E-2) OF SECTION FOURTEEN HUNDRED FIFTY-SIX S 3. Section 606 of the tax law is amended by adding a new subsection (a-3) to read as follows: (A-3) CREDIT FOR EMPLOYMENT OF AN EMPLOYEE WHO HAS A DEVELOPMENTAL DISABILITY. (1) ALLOWANCE OF CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY THE ARTICLE, FOR HIRING AND EMPLOYING, FOR NOT LESS THAN SIX MONTHS AND FOR NOT LESS THAN THIRTY HOURS EACH WEEK, OR FOR PART-TIME WORK FOR NOT LESS THAN FIFTEEN HOURS A WEEK, A QUALI- FIED EMPLOYEE WITHIN THE STATE.
(2) QUALIFIED TAXPAYER. A QUALIFIED TAXPAYER IS A TAXPAYER WHO IS AN EMPLOYER, OTHER THAN THE FEDERAL, THE STATE OR A LOCAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF. (3) QUALIFIED EMPLOYEE. A QUALIFIED EMPLOYEE IS AN INDIVIDUAL WHO RESIDES IN THIS STATE: (A) WHO IS DEEMED TO HAVE A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; (B) WHO COMMENCES EMPLOYMENT BY THE QUALIFIED TAXPAYER ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, AND BEFORE JANUARY FIRST, TWO THOU- SAND EIGHTEEN; (C) WHO CERTIFIES BY SIGNED AFFIDAVIT, UNDER PENALTY OF PERJURY, THAT HE OR SHE HAS NOT BEEN EMPLOYED FOR THIRTY OR MORE HOURS DURING ANY WEEK IN THE NINETY DAY PERIOD IMMEDIATELY PRIOR TO HIS OR HER EMPLOYMENT BY THE QUALIFIED TAXPAYER; (D) WHO WAS NOT EMPLOYED BY THE QUALIFIED TAXPAYER TO REPLACE ANOTHER EMPLOYEE; AND/OR (E) WHO IS A CURRENT EMPLOYEE OF A SHELTERED WORKSHOP, WHICH FOR PURPOSES OF THIS SUBDIVISION IS DEFINED AS AN ORGANIZATION OR ENVIRON- MENT THAT EMPLOYS PEOPLE WITH DISABILITIES SEGREGATED FROM OTHERS; OR (F) WHO WAS UNEMPLOYED FOR AT LEAST THREE MONTHS PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN. (4) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE FIFTEEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN; PROVIDED, HOWEVER, THAT THE QUALI- FIED EMPLOYEE IS EMPLOYED FOR NOT LESS THAN SIX MONTHS AND IS FULL TIME TOTALING AT LEAST THIRTY HOURS PER WEEK. A QUALIFIED PART TIME EMPLOYEE WHO WORKS AT LEAST FIFTEEN HOURS PER WEEK AND IS EMPLOYED FOR NOT LESS THAN SIX MONTHS SHALL RECEIVE A CREDIT OF TEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN. THE CREDIT ALLOWED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED, DURING ANY TAXABLE YEAR, FIVE THOUSAND DOLLARS FOR ANY QUALIFIED FULL TIME EMPLOYEE AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR ANY QUALI- FIED PART TIME EMPLOYEE. "QUALIFIED WAGES" MEANS WAGES PAID OR INCURRED BY THE QUALIFIED TAXPAYER DURING THE TAXABLE YEAR TO A QUALIFIED EMPLOY- EE WHICH ARE ATTRIBUTABLE, WITH RESPECT TO SUCH EMPLOYEE, TO SERVICES RENDERED BY THE QUALIFIED EMPLOYEE. (5) CERTIFICATION OF QUALIFIED EMPLOYEE. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO DETERMINE IF A PERSON IS CERTIFIED AS A QUALIFIED EMPLOYEE. (6) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING THREE YEARS, AND MAY BE DEDUCTED FROM THE QUALIFIED TAXPAYER'S TAX FOR SUCH YEARS. S 4. Section 1456 of the tax law is amended by adding a new subsection (e-2) to read as follows: (E-2) CREDIT FOR EMPLOYMENT OF AN EMPLOYEE WHO HAS A DEVELOPMENTAL DISABILITY. (1) ALLOWANCE OF CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR HIRING AND EMPLOYING, FOR NOT LESS THAN SIX MONTHS AND FOR NOT LESS THAN THIRTY HOURS EACH WEEK, OR FOR PART-TIME WORK FOR NOT LESS THAN FIFTEEN HOURS A WEEK, A QUALI- FIED EMPLOYEE WITHIN THE STATE. (2) QUALIFIED TAXPAYER. A QUALIFIED TAXPAYER IS A TAXPAYER WHICH IS AN EMPLOYER, OTHER THAN THE FEDERAL, THE STATE OR A LOCAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF.
(3) QUALIFIED EMPLOYEE. A QUALIFIED EMPLOYEE IS AN INDIVIDUAL WHO RESIDES IN THIS STATE: (A) WHO IS DEEMED TO HAVE A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; (B) WHO COMMENCES EMPLOYMENT BY THE QUALIFIED TAXPAYER ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, AND BEFORE JANUARY FIRST, TWO THOU- SAND EIGHTEEN; (C) WHO CERTIFIES BY SIGNED AFFIDAVIT, UNDER PENALTY OF PERJURY, THAT HE OR SHE HAS NOT BEEN EMPLOYED FOR THIRTY OR MORE HOURS DURING ANY WEEK IN THE NINETY DAY PERIOD IMMEDIATELY PRIOR TO HIS OR HER EMPLOYMENT BY THE QUALIFIED TAXPAYER; (D) WHO WAS NOT EMPLOYED BY THE QUALIFIED TAXPAYER TO REPLACE ANOTHER EMPLOYEE; AND/OR (E) WHO IS A CURRENT EMPLOYEE OF A SHELTERED WORKSHOP, WHICH FOR PURPOSES OF THIS SUBSECTION IS DEFINED AS AN ORGANIZATION OR ENVIRONMENT THAT EMPLOYS PEOPLE WITH DISABILITIES SEGREGATED FROM OTHERS; OR (F) WHO WAS UNEMPLOYED FOR AT LEAST THREE MONTHS PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN. (4) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE FIFTEEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN; PROVIDED, HOWEVER, THAT THE QUALI- FIED EMPLOYEE IS EMPLOYED FOR NOT LESS THAN SIX MONTHS AND IS FULL TIME TOTALING AT LEAST THIRTY HOURS PER WEEK. A QUALIFIED PART TIME EMPLOYEE WHO WORKS AT LEAST FIFTEEN HOURS PER WEEK AND IS EMPLOYED FOR NOT LESS THAN SIX MONTHS SHALL RECEIVE A CREDIT OF TEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN. THE CREDIT ALLOWED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED, DURING ANY TAXABLE YEAR, FIVE THOUSAND DOLLARS FOR ANY QUALIFIED FULL TIME EMPLOYEE AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR ANY QUALI- FIED PART TIME EMPLOYEE. "QUALIFIED WAGES" MEANS WAGES PAID OR INCURRED BY THE QUALIFIED TAXPAYER DURING THE TAXABLE YEAR TO A QUALIFIED EMPLOY- EE WHICH ARE ATTRIBUTABLE, WITH RESPECT TO SUCH EMPLOYEE, TO SERVICES RENDERED BY THE QUALIFIED EMPLOYEE. (5) CERTIFICATION OF QUALIFIED EMPLOYEE. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO DETERMINE IF A PERSON IS CERTIFIED AS A QUALIFIED EMPLOYEE. (6) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXA- BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM TAX FIXED BY SUBSECTION (B) OF SECTION FOURTEEN HUNDRED FIFTY-FIVE OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING THREE YEARS, AND MAY BE, DEDUCTED FROM THE QUALIFIED TAXPAYER'S TAX FOR SUCH YEARS. S 5. Section 1511 of the tax law is amended by adding a new subdivi- sion (g-2) to read as follows: (G-2) CREDIT FOR EMPLOYMENT OF AN EMPLOYEE WHO HAS A DEVELOPMENTAL DISABILITY. (1) ALLOWANCE OF CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR HIRING AND EMPLOYING, FOR NOT LESS THAN SIX MONTHS AND FOR NOT LESS THAN THIRTY HOURS EACH WEEK, OR FOR PART-TIME WORK FOR NOT LESS THAN FIFTEEN HOURS A WEEK, A QUALI- FIED EMPLOYEE WITHIN THE STATE. (2) QUALIFIED TAXPAYER. A QUALIFIED TAXPAYER IS A TAXPAYER WHICH IS AN EMPLOYER, OTHER THAN THE FEDERAL, THE STATE OR A LOCAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF.
(3) QUALIFIED EMPLOYEE. A QUALIFIED EMPLOYEE IS AN INDIVIDUAL WHO RESIDES IN THIS STATE: (A) WHO IS DEEMED TO HAVE A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; (B) WHO COMMENCES EMPLOYMENT BY THE QUALIFIED TAXPAYER ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, AND BEFORE JANUARY FIRST, TWO THOU- SAND EIGHTEEN; (C) WHO CERTIFIES BY SIGNED AFFIDAVIT, UNDER PENALTY OF PERJURY, THAT HE OR SHE HAS NOT BEEN EMPLOYED FOR THIRTY OR MORE HOURS DURING ANY WEEK IN THE NINETY DAY PERIOD IMMEDIATELY PRIOR TO HIS OR HER EMPLOYMENT BY THE QUALIFIED TAXPAYER; (D) WHO WAS NOT EMPLOYED BY THE QUALIFIED TAXPAYER TO REPLACE ANOTHER EMPLOYEE; AND/OR (E) WHO IS A CURRENT EMPLOYEE OF A SHELTERED WORKSHOP, WHICH FOR PURPOSES OF THIS SUBDIVISION IS DEFINED AS AN ORGANIZATION OR ENVIRON- MENT THAT EMPLOYS PEOPLE WITH DISABILITIES SEGREGATED FROM OTHERS; OR (F) WHO WAS UNEMPLOYED FOR AT LEAST THREE MONTHS PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN. (4) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE FIFTEEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN; PROVIDED, HOWEVER, THAT THE QUALI- FIED EMPLOYEE IS EMPLOYED FOR NOT LESS THAN SIX MONTHS AND IS FULL TIME TOTALING AT LEAST THIRTY HOURS PER WEEK. A QUALIFIED PART TIME EMPLOYEE WHO WORKS AT LEAST FIFTEEN HOURS PER WEEK AND IS EMPLOYED FOR NOT LESS THAN SIX MONTHS SHALL RECEIVE A CREDIT OF TEN PERCENT OF THE QUALIFIED WAGES PAID TO THE QUALIFIED EMPLOYEE AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN. THE CREDIT ALLOWED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED, DURING ANY TAXABLE YEAR, FIVE THOUSAND DOLLARS FOR ANY QUALIFIED FULL TIME EMPLOYEE AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR ANY QUALI- FIED PART TIME EMPLOYEE. "QUALIFIED WAGES" MEANS WAGES PAID OR INCURRED BY THE QUALIFIED TAXPAYER DURING THE TAXABLE YEAR TO A QUALIFIED EMPLOY- EE WHICH ARE ATTRIBUTABLE, WITH RESPECT TO SUCH EMPLOYEE, TO SERVICES RENDERED BY THE QUALIFIED EMPLOYEE. (5) CERTIFICATION OF QUALIFIED EMPLOYEE. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO DETERMINE IF A PERSON IS CERTIFIED AS A QUALIFIED EMPLOYEE. (6) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA- BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM TAX FIXED BY PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING THREE YEARS, AND MAY BE DEDUCTED FROM THE QUALIFIED TAXPAYER'S TAX FOR SUCH YEARS. S 6. This act shall take effect January 1, 2015; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

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