S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4645

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by M. of A. CLARK -- Multi-Sponsored by -- M. of A. BRENNAN,
  ROBINSON -- read once and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to authorizing a franchise  tax
  credit for providers of child care services in certain instances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 210-B of the tax law is amended  by  adding  a  new
subdivision 49 to read as follows:
  49.  CHILD CARE FACILITY CREDIT. (A) FOR THE PURPOSES OF THIS SUBDIVI-
SION, "CHILD CARE INFORMATION AND  REFERRAL  PROGRAMS"  SHALL  BE  THOSE
SERVICES  DEFINED  IN  SECTION FOUR HUNDRED TEN-Q OF THE SOCIAL SERVICES
LAW.
  (B) A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE  TAX  IMPOSED  BY
THIS  ARTICLE,  OF  THIRTY  PERCENT  OF:  (1) START UP COSTS INCURRED IN
ESTABLISHING A CHILD CARE PROGRAM LICENSED OR REGISTERED  IN  ACCORDANCE
WITH  SECTION  THREE  HUNDRED  NINETY  OF THE SOCIAL SERVICES LAW OR THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR CONSTRUCTING A CHILD  DAY
CARE FACILITY TO BE USED BY THE CHILDREN OF THE TAXPAYER'S EMPLOYEES AND
(2) CONTRIBUTIONS FOR THE TAXPAYER'S EMPLOYEES TO CHILD CARE INFORMATION
AND REFERRAL PROGRAMS.
  (C)  IN NO EVENT SHALL THE CREDIT HEREIN PROVIDED FOR BE ALLOWED IN AN
AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE HIGHER OF  THE
AMOUNTS  PRESCRIBED  IN  PARAGRAPHS  (C)  AND  (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. PROVIDED, HOWEVER, THAT 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  YEAR  SHALL BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY
BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 2. Section 1511 of the tax law is amended by adding a  new  subdivi-
sion (h-1) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08586-01-5

              

A. 4645                             2

  (H-1)  CHILD CARE FACILITY CREDIT. (1) FOR THE PURPOSES OF THIS SUBDI-
VISION, "CHILD CARE INFORMATION AND REFERRAL PROGRAMS"  SHALL  BE  THOSE
SERVICES  DEFINED  IN  SECTION FOUR HUNDRED TEN-Q OF THE SOCIAL SERVICES
LAW.
  (2)  A  TAXPAYER  SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY
THIS ARTICLE, OF THIRTY PERCENT OF:  (A)  START  UP  COSTS  INCURRED  IN
ESTABLISHING  A  CHILD CARE PROGRAM LICENSED OR REGISTERED IN ACCORDANCE
WITH SECTION THREE HUNDRED NINETY OF THE  SOCIAL  SERVICES  LAW  OR  THE
ADMINISTRATIVE  CODE OF THE CITY OF NEW YORK OR CONSTRUCTING A CHILD DAY
CARE FACILITY TO BE USED BY THE CHILDREN OF THE TAXPAYER'S EMPLOYEES AND
(B) CONTRIBUTIONS FOR THE TAXPAYER'S EMPLOYEES TO CHILD CARE INFORMATION
AND REFERRAL PROGRAMS.
  (3) IN NO EVENT SHALL THE CREDIT HEREIN PROVIDED FOR BE ALLOWED IN  AN
AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE MINIMUM AMOUNT
FIXED  BY  PARAGRAPH  FOUR OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED
TWO OF THIS ARTICLE. PROVIDED, HOWEVER, THAT 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 YEAR SHALL BE
CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 3. This act shall take effect January 1, 2016  and  shall  apply  to
taxable years commencing on and after such effective date.