Assembly Bill A3228

2009-2010 Legislative Session

Establishes tax credit for the adoption of a child

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3228 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd ยง606, Tax L

2009-A3228 (ACTIVE) - Summary

Establishes a tax credit for allowable expenses associated with the adoption of a child by a resident taxpayer; defines relevant terms.

2009-A3228 (ACTIVE) - Bill Text download pdf

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

                                  3228

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to amend the tax law, in relation to the establishment of a tax
  credit for the adoption of a child

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

  Section  1.    Section  606  of the tax law is amended by adding a new
subsection (t-2) to read as follows:
  (T-2) ADOPTION CREDIT. (1)  GENERAL.  A  RESIDENT  TAXPAYER  SHALL  BE
ALLOWED  THE  OPTION OF CLAIMING A CREDIT, TO BE COMPUTED AS PROVIDED IN
PARAGRAPH THREE OF THIS SUBSECTION, AGAINST  THE  TAX  IMPOSED  BY  THIS
ARTICLE FOR ALLOWABLE ADOPTION EXPENSES FOR EACH CHILD ADOPTED.
  (2)  ALLOWABLE  AND  QUALIFIED  ADOPTION EXPENSES. FOR THE PURPOSES OF
THIS CREDIT, (A) THE TERM "ALLOWABLE ADOPTION EXPENSES" SHALL  MEAN  THE
AMOUNT  OF QUALIFIED NONRECURRING ADOPTION EXPENSES PAID BY THE TAXPAYER
DURING THE TAXABLE YEAR FOR EACH CHILD ADOPTED, LIMITED TO TEN  THOUSAND
DOLLARS,  AND  (B) THE TERM "QUALIFIED ADOPTION EXPENSES" SHALL MEAN THE
EXPENSES REQUIRED FOR THE LEGAL ADOPTION OF A CHILD BY THE  TAXPAYER  OR
THE TAXPAYER'S SPOUSE.
  (3)  AMOUNT  OF  CREDIT.  IF ALLOWABLE ADOPTION EXPENSES ARE LESS THAN
FIVE THOUSAND DOLLARS, THE AMOUNT OF  THE  CREDIT  PROVIDED  UNDER  THIS
SUBSECTION  SHALL BE EQUAL TO THE APPLICABLE PERCENTAGE OF THE LESSER OF
ALLOWABLE  ADOPTION  EXPENSES  OR  TWO  HUNDRED  DOLLARS.  IF  ALLOWABLE
ADOPTION  EXPENSES  ARE FIVE THOUSAND DOLLARS OR MORE, THE AMOUNT OF THE
CREDIT PROVIDED UNDER THIS SUBSECTION SHALL BE EQUAL TO  THE  APPLICABLE
PERCENTAGE  OF  THE  ALLOWABLE  ADOPTION  EXPENSES  MULTIPLIED  BY  FOUR
PERCENT. SUCH APPLICABLE PERCENTAGE SHALL  BE  TWENTY-FIVE  PERCENT  FOR
TAXABLE  YEARS  BEGINNING IN TWO THOUSAND TEN, FIFTY PERCENT FOR TAXABLE
YEARS BEGINNING IN TWO THOUSAND ELEVEN, SEVENTY-FIVE PERCENT FOR TAXABLE
YEARS BEGINNING IN TWO THOUSAND TWELVE AND ONE HUNDRED PERCENT FOR TAXA-
BLE YEARS BEGINNING AFTER TWO THOUSAND THIRTEEN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02016-01-9
              

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