senate Bill S1907

Amended

Establishes a small business tax credit for the employment of disabled persons

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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

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 12 / Feb / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 12 / Feb / 2014
    • PRINT NUMBER 1907A

Summary

Establishes a small business tax credit for the employment of disabled persons.

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Bill Details

See Assembly Version of this Bill:
A570
Versions:
S1907
S1907A
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd ยงยง210 & 606, Tax L
Versions Introduced in 2011-2012 Legislative Cycle:
S4107A, A8385A

Sponsor Memo

BILL NUMBER:S1907

TITLE OF BILL: An act to amend the tax law, in relation to establishing
a small business tax credit for the employment of disabled persons

PURPOSE OR GENERAL IDEA OF BILL: To stimulate employment of disabled
persons and retain their services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amendment to section 210, subdivision 46 of the tax law, for
the providence of a business tax credit for the employer in regards to
the employment of disabled persons for the duration of twelve months or
more for a minimum of thirty-five hours per a week. Tax credit range
will range between five thousand to twenty-five thousand dollars.

Section 2: The adoption of a new clause (xxxv) in section 606 of the tax
law, specifying preceded amendment.

Section 3: Amendment to section 606 of the tax law, detailing the compo-
nents of the business tax credit for the employment of disabled persons
in a company of one hundred employees or less.

Section 4: The effective date.

JUSTIFICATION: With the struggles one experiences in today's economy, it
is a continuous uphill battle to seek and retain viable employment.
Disabled persons, by far, face unprecedented challenges. A 2004 Harris
poll cited disabled persons are nearly twice as likely as people without
disabilities to have an annual household income of $15,000 or less.
According to a 2009 Bureau of Labor Statistics study, the unemployment
rate of persons with a disability was fifteen percent, compared to nine
percent for those without a disability. Further, a 2006 disability
status report published by Cornell University determined twenty-two
percent of persons with disabilities are employed full-time, compared to
fifty-seven percent of persons without disabilities. There are also
income discrepancies: a median salary of $65,000 for persons without
disabilities, compared to a $36,000 median salary for persons with disa-
bilities.

To stimulate employment for their services, a tax credit is being
proposed to small business owners that retain disabled persons within
their company for twelve months or more at a minimum of thirty-five
hours of employment per a week. Their services will contribute to the
economic growth of New York State, create greater awareness of their
overlooked skills, and establish fairness with confidence.

PRIOR LEGISLATIVE HISTORY: 2012: A.8385-A -- died in Ways and
Means/S.4107-A -Died in Investigations and Government Operations; 2011:
A.8385-referred to Ways and Means.

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately and apply to
taxable years beginning on or after January 1, 2014.

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

                                  1907

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to establishing a  small  busi-
  ness tax credit for the employment of disabled persons

  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 46 to read as follows:
  46.  SMALL  BUSINESS  TAX  CREDIT;  DISABLED  PERSONS.  (A) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED IN  THIS  SUBDIVISION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (C) CARRYOVERS. THE CREDIT  ALLOWED  UNDER  THIS  SUBDIVISION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBDIVISION MAY NOT BE USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (D) DEFINITIONS. AS USED  IN  THIS  SUBDIVISION,  THE  TERM  "DISABLED
PERSON"  SHALL  MEAN  A  PERSON WHO SUFFERS FROM ANY PHYSICAL, MENTAL OR
MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC  OR
NEUROLOGICAL  CONDITIONS  WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00837-01-3

S. 1907                             2

  S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended  by adding a new clause (xxxv) to read as
follows:
(XXXV) SMALL BUSINESS TAX CREDIT;    COSTS UNDER SUBDIVISION
DISABLED PERSONS                     FORTY-SIX OF SECTION
SUBSECTION (VV)                      TWO HUNDRED TEN
  S 3.  Section 606 of the tax law is amended by adding a new subsection
(vv) to read as follows:
  (VV)  SMALL  BUSINESS  TAX  CREDIT;  DISABLED  PERSONS. (1) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED  IN  THIS  SUBSECTION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (2) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (3) CARRYOVERS. THE  CREDIT  ALLOWED  UNDER  THIS  SUBSECTION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBSECTION MAY NOT BE  USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (4)  DEFINITIONS.  AS  USED  IN  THIS  SUBSECTION,  THE TERM "DISABLED
PERSON" SHALL MEAN A PERSON WHO SUFFERS FROM  ANY  PHYSICAL,  MENTAL  OR
MEDICAL  IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR
NEUROLOGICAL CONDITIONS WHICH PREVENTS THE EXERCISE OF A  NORMAL  BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2014.

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