senate Bill S1840

Allows a tax credit for general volunteer services

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Allows a New York state credit against income tax of one hundred fifty dollars for a minimum of one hundred fifty hours of volunteer services to federal, state or municipal organizations or to a certified not-for-profit corporation or organization, in any taxable year; provides that such tax credit not be allowed 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; requires the tax commissioner to issue certificates of eligibility to not-for-profit corporations or organizations established for charitable purposes.

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Bill Details

Versions:
S1840
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Add ยง620-B, Tax L
Versions Introduced in 2009-2010 Legislative Cycle:
S3374

Sponsor 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.

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

                                  1840

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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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