NY State Senate Bill 2009-S3052

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Mar 10, 2009	referred to investigations and government operations

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2009-S3052 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210, 606, 1456 & 1511, Tax L
Versions Introduced in 2011-2012 Legislative Session:: S2383

2009-S3052 (ACTIVE) - Summary

Provides a tax credit for certain health insurance plans purchased by small employers and certain individuals.

2009-S3052 (ACTIVE) - Sponsor Memo

2009-S3052 (ACTIVE) - Bill Text download pdf

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

                                  3052

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced   by  Sens.  SEWARD,  ALESI,  BONACIC,  DeFRANCISCO,  HANNON,
  O. JOHNSON, LANZA, MAZIARZ, MORAHAN, RANZENHOFER, VOLKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations

AN ACT to amend the tax law, in relation to providing a tax  credit  for
  the purchase of certain health insurance

  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 41 to read as follows:
  41.  (A) A TAXPAYER WHO IS A QUALIFIED SMALL EMPLOYER SHALL BE ALLOWED
A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO THE APPLICABLE
PERCENTAGE OF PREMIUMS PAID DURING THE TAXABLE YEAR FOR HEALTH INSURANCE
BY SUCH EMPLOYER. THE APPLICABLE PERCENTAGE SHALL BE  (I)  FIVE  PERCENT
FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND NINE
AND  (II)  TEN  PERCENT  FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
FIRST, TWO THOUSAND TEN.
  (B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY YEAR  SHALL  NOT
REDUCE  THE TAX DUE FOR SUCH YEAR TO LESS THAN THE HIGHER OF THE AMOUNTS
PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF THIS SECTION.
IF, HOWEVER, 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
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH  YEAR
OR YEARS.
  (C)  FOR  THE  PURPOSES OF THIS SUBDIVISION "QUALIFIED SMALL EMPLOYER"
SHALL MEAN AN INDIVIDUAL PROPRIETOR WHO IS  THE  SOLE  EMPLOYEE  OF  THE
BUSINESS  OR  AN  EMPLOYER  WITH  NOT MORE THAN FIFTY EMPLOYEES WHO IS A
"SMALL BUSINESS TAXPAYER" AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE
OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07605-01-9

S. 3052                             2

  (D) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "HEALTH  INSURANCE"
MEANS  AN ACCIDENT AND HEALTH INSURANCE POLICY SUBJECT TO THE PROVISIONS
OF SECTION THREE  THOUSAND  TWO  HUNDRED  SIXTEEN,  THREE  THOUSAND  TWO
HUNDRED  TWENTY-ONE,  FOUR THOUSAND THREE HUNDRED THREE OR FOUR THOUSAND
EIGHT  HUNDRED  ONE  OF THE INSURANCE LAW, AND ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW AND SHALL INCLUDE A POLICY INTENDED TO QUALIFY FOR USE
IN A HEALTH SAVINGS ACCOUNT PURSUANT TO  SECTION  1201  OF  THE  FEDERAL
MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003.
  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law, as amended by section 2 of part ZZ-1 of  chapter  57  of
the laws of 2008, is amended to read as follows:
  (B)  shall  be  treated as the owner of a new business with respect to
such share if the corporation qualifies as a new  business  pursuant  to
paragraph  (j)  of subdivision twelve of section two hundred ten of this
chapter.

                                     The corporation's credit base under
                                     section two hundred ten or section
With respect to the following        fourteen hundred fifty-six of this
credit under this section:           chapter is:

(I) Investment tax credit under      Investment credit base or qualified
subsection (a)                       rehabilitation expenditures under
                                     subdivision twelve of section two
                                     hundred ten

(II) Empire zone investment          Cost or other basis under
tax credit under subsection (j)      subdivision twelve-B of section
                                     two hundred ten

(III) Empire zone wage tax credit    Eligible wages under subdivision
under subsection (k)                 nineteen of section two hundred
                                     ten or subsection (e) of section
                                     fourteen hundred fifty-six

(IV) Empire zone capital tax         Qualified investments and
credit under subsection (l)          contributions under subdivision
                                     twenty of section two hundred ten
                                     or subsection (d) of section
                                     fourteen hundred fifty-six

(V) Agricultural property tax        Allowable school district property
credit under subsection (n)          taxes under subdivision twenty-two
                                     of section two hundred ten

(VI) Credit for employment of        Qualified first-year wages or
persons with disabilities            qualified second-year wages under
under subsection (o)                 subdivision twenty-three of
                                     section two hundred ten or
                                     subsection (f) of section
                                     fourteen hundred fifty-six

(VII) Employment incentive credit    Applicable investment credit base
under subsection (a-1)               under subdivision twelve-D of
                                     section two hundred ten

S. 3052                             3

(VIII) Empire zone employment        Applicable investment credit
incentive credit under subsection    under subdivision twelve-C of
(j-1)                                section two hundred ten

(IX) Alternative fuels credit        Cost under subdivision twenty-four
under subsection (p)                 of section two hundred ten

(X) Qualified emerging technology    Applicable credit base under
company employment credit under      subdivision twelve-E of section
subsection (q)                       two hundred ten

(XI) Qualified emerging technology   Qualified investments under
company capital tax credit under     subdivision twelve-F of section
subsection (r)                       two hundred ten

(XII) Credit for purchase of an      Cost of an automated external
automated external defibrillator     defibrillator under subdivision
under subsection (s)                 twenty-five of section two hundred
                                     ten or subsection (j) of section
                                     fourteen hundred fifty-six

(XIII) Low-income housing credit     Credit amount under subdivision
under subsection (x)                 thirty of section two hundred ten
                                     or subsection (l) of section
                                     fourteen hundred fifty-six

(XIV) Credit for transportation      Amount of credit under subdivision
improvement contributions under      thirty-two of section two hundred
subsection (z)                       ten or subsection (n) of section
                                     fourteen hundred fifty-six

(XV) QEZE credit for real property   Amount of credit under subdivision
taxes under subsection (bb)          twenty-seven of section two hundred
                                     ten or subsection (o) of section
                                     fourteen hundred fifty-six

(XVI) QEZE tax reduction credit      Amount of benefit period factor,
under subsection (cc)                employment increase factor and zone
                                     allocation factor (without regard
                                     to pro ration) under subdivision
                                     twenty-eight of section two hundred
                                     ten or subsection (p) of section
                                     fourteen hundred fifty-six and
                                     amount of tax factor as determined
                                     under subdivision (f) of section
                                     sixteen

(XVII) Green building credit under   Amount of green building credit
subsection (y)                       under subdivision thirty-one of
                                     section two hundred ten or
                                     subsection (m) of section fourteen
                                     hundred fifty-six

(XVIII) Credit for long-term care    Qualified costs under subdivision
insurance premiums under subsection  twenty-five-a of section two
(aa)                                 hundred ten or subsection (k) of

S. 3052                             4

                                     section fourteen hundred fifty-six

(XIX) Brownfield redevelopment       Amount of credit under subdivision
credit under subsection (dd)         thirty-three of section two hundred
                                     ten or subsection (q) of section
                                     fourteen hundred fifty-six

(XX) Remediated brownfield credit    Amount of credit under subdivision
for real property taxes for          thirty-four of section two hundred
qualified sites under subsection     ten or subsection (r) of section
(ee)                                 fourteen hundred fifty-six

(XXI) Environmental remediation      Amount of credit under subdivision
insurance credit under subsection    thirty-five of section two hundred
(ff)                                 ten or subsection (s) of section
                                     fourteen hundred fifty-six

(XXII) Empire state film production  Amount of credit for qualified
credit under subsection (gg)         production costs in production of a
                                     qualified film under subdivision
                                     thirty-six of section two hundred
                                     ten

(XXIII) Qualified emerging           Qualifying expenditures and
technology company facilities,       development activities under
operations and training credit       subdivision twelve-G of section two
under subsection (nn)                hundred ten

(XXIV) Security training tax credit  Amount of credit under subdivision
under subsection (ii)                thirty-seven of section two hundred
                                     ten or under subsection (t) of
                                     section fourteen hundred fifty-six

(XXV) Credit for qualified fuel      Amount of credit under subdivision
cell electric generating equipment   thirty-seven of section two hundred
expenditures under subsection (g-2)  ten or subsection (t) of section
                                     fourteen hundred fifty-six

(XXVI) Empire state commercial       Amount of credit for qualified
production credit under subsection   production costs in production of
(jj)                                 a qualified commercial under
                                     subdivision thirty-eight of
                                     section two hundred ten

(XXVII) Biofuel production tax       Amount of credit under subdivision
credit under subsection (jj)         thirty-eight of section two hundred
                                     ten

(XXVIII) Clean heating fuel credit   Amount of credit under subdivision
under subsection (mm)                thirty-nine of section two hundred
                                     ten

(XXIX) Credit for rehabilitation     Amount of credit under subdivision
of historic properties under         forty of [subsection] SECTION
subsection (oo)                      two hundred ten

S. 3052                             5

(XXX) Credit for companies who       Amount of credit under subdivision
provide transportation to            forty of section two hundred ten
individuals with disabilities under
subsection (oo)

(XXXI) SMALL EMPLOYER HEALTH         CREDIT UNDER SUBDIVISION
CARE INSURANCE CREDIT                FORTY-ONE OF SECTION TWO
UNDER SUBSECTION (QQ)                HUNDRED TEN
  S  3. Section 606 of the tax law is amended by adding a new subsection
(qq) to read as follows:
  (QQ) SMALL EMPLOYER HEALTH CARE INSURANCE CREDIT. (1) A  TAXPAYER  WHO
IS  A QUALIFIED SMALL EMPLOYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS ARTICLE EQUAL TO THE APPLICABLE PERCENTAGE OF THE PREMI-
UMS PAID DURING THE TAXABLE YEAR FOR HEALTH INSURANCE BY SUCH  EMPLOYER.
THE  APPLICABLE  PERCENTAGE  SHALL BE (A) FIVE PERCENT FOR TAXABLE YEARS
BEGINNING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  NINE  AND  (B)  TEN
PERCENT FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND  TEN.   IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION
FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR,  THE
EXCESS  MAY  BE  CARRIED  OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE
DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  (2) FOR THE PURPOSES OF THIS  SUBSECTION  "QUALIFIED  SMALL  EMPLOYER"
SHALL  MEAN  AN  INDIVIDUAL  PROPRIETOR  WHO IS THE SOLE EMPLOYEE OF THE
BUSINESS OR AN EMPLOYER WITH NOT MORE THAN  FIFTY  EMPLOYEES  WHO  IS  A
"SMALL BUSINESS TAXPAYER" AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE
OF SECTION TWO HUNDRED TEN OF THIS CHAPTER.
  (3)  FOR  THE PURPOSES OF THIS SUBSECTION, THE TERM "HEALTH INSURANCE"
MEANS AN ACCIDENT AND HEALTH INSURANCE POLICY SUBJECT TO THE  PROVISIONS
OF  SECTION  THREE  THOUSAND  TWO  HUNDRED  SIXTEEN,  THREE THOUSAND TWO
HUNDRED TWENTY-ONE, FOUR THOUSAND THREE HUNDRED THREE OR  FOUR  THOUSAND
EIGHT  HUNDRED  ONE  OF THE INSURANCE LAW, AND ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW AND SHALL INCLUDE A POLICY INTENDED TO QUALIFY FOR USE
IN A HEALTH SAVINGS ACCOUNT PURSUANT TO  SECTION  1201  OF  THE  FEDERAL
MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003.
  S 4. Section 1456 of the tax law is amended by adding a new subsection
(f-1) to read as follows:
  (F-1)  SMALL  EMPLOYER TAX CREDIT.   (1) A TAXPAYER WHO IS A QUALIFIED
SMALL EMPLOYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS
ARTICLE EQUAL TO THE APPLICABLE PERCENTAGE OF THE PREMIUMS  PAID  DURING
THE  TAXABLE  YEAR FOR HEALTH INSURANCE BY SUCH EMPLOYER. THE APPLICABLE
PERCENTAGE SHALL BE (A) FIVE PERCENT FOR TAXABLE YEARS BEGINNING  ON  OR
AFTER  JANUARY  FIRST, TWO THOUSAND NINE AND (B) TEN PERCENT FOR TAXABLE
YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN.
  (2) IN NO EVENT SHALL THE CREDIT HEREIN PROVIDED FOR,  AND  CARRYOVERS
OF  SUCH CREDIT, BE ALLOWED IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYA-
BLE TO LESS THAN THE DOLLAR AMOUNT FIXED AS A MINIMUM TAX BY  SUBSECTION
(B) OF SECTION FOURTEEN HUNDRED FIFTY-FIVE OF THIS ARTICLE. IF, HOWEVER,
THE  AMOUNT  OF  CREDIT OR CARRYOVERS OF SUCH CREDIT, OR BOTH, ALLOWABLE
UNDER THIS SUBSECTION FOR ANY TAXABLE  YEAR  REDUCES  THE  TAX  TO  SUCH
AMOUNT,  ANY  AMOUNT  OF  CREDIT  OR  CARRYOVERS OF SUCH CREDIT THUS NOT
DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE   CARRIED OVER TO  THE  FOLLOWING
YEAR  OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
  (3) FOR THE PURPOSES OF THIS SECTION THE TERM "QUALIFIED SMALL EMPLOY-
ER" SHALL MEAN AN INDIVIDUAL PROPRIETOR WHO IS THE SOLE EMPLOYEE OF  THE
BUSINESS  OR  AN  EMPLOYER  WITH  NOT MORE THAN FIFTY EMPLOYEES WHO IS A

S. 3052                             6

"SMALL BUSINESS TAXPAYER" AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE
OF SECTION TWO HUNDRED TEN OF THIS CHAPTER.
  (4)  FOR  THE PURPOSES OF THIS SUBSECTION, THE TERM "HEALTH INSURANCE"
MEANS AN ACCIDENT AND HEALTH INSURANCE POLICY SUBJECT TO THE  PROVISIONS
OF  SECTION  THREE  THOUSAND  TWO  HUNDRED  SIXTEEN,  THREE THOUSAND TWO
HUNDRED TWENTY-ONE, FOUR THOUSAND THREE HUNDRED THREE OR  FOUR  THOUSAND
EIGHT  HUNDRED  ONE  OF THE INSURANCE LAW, AND ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW AND SHALL INCLUDE A POLICY INTENDED TO QUALIFY FOR USE
IN A HEALTH SAVINGS ACCOUNT PURSUANT TO  SECTION  1201  OF  THE  FEDERAL
MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003.
  S  5.  Section 1511 of the tax law is amended by adding a new subdivi-
sion (y) to read as follows:
  (Y) SMALL EMPLOYER HEALTH CARE INSURANCE CREDIT. (1) A TAXPAYER  SHALL
BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO THE
APPLICABLE  PERCENTAGE  OF THE PREMIUMS PAID DURING THE TAXABLE YEAR FOR
HEALTH INSURANCE BY SUCH EMPLOYER. THE APPLICABLE  PERCENTAGE  SHALL  BE
(A)  FIVE PERCENT FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,
TWO THOUSAND NINE AND (B) TEN PERCENT FOR TAXABLE YEARS BEGINNING ON  OR
AFTER JANUARY FIRST, TWO THOUSAND TEN.
  (2)  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  FIXED
BY  SUBDIVISION  (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE. IF,
HOWEVER, 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
YEAR  OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
  (3) FOR THE PURPOSES OF THIS SUBDIVISION  THE  TERM  "QUALIFIED  SMALL
EMPLOYER"  SHALL  MEAN AN INDIVIDUAL PROPRIETOR WHO IS THE SOLE EMPLOYEE
OF THE BUSINESS OR AN EMPLOYER WITH NOT MORE THAN FIFTY EMPLOYEES WHO IS
A "SMALL BUSINESS TAXPAYER" AS DEFINED IN PARAGRAPH (F)  OF  SUBDIVISION
ONE OF SECTION TWO HUNDRED TEN OF THIS CHAPTER.
  (4)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "HEALTH INSURANCE"
MEANS AN ACCIDENT AND HEALTH INSURANCE POLICY SUBJECT TO THE  PROVISIONS
OF  SECTION  THREE  THOUSAND  TWO  HUNDRED  SIXTEEN,  THREE THOUSAND TWO
HUNDRED TWENTY-ONE, FOUR THOUSAND THREE HUNDRED THREE OR  FOUR  THOUSAND
EIGHT  HUNDRED  ONE  OF THE INSURANCE LAW, AND ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW AND SHALL INCLUDE A POLICY INTENDED TO QUALIFY FOR USE
IN A HEALTH SAVINGS ACCOUNT PURSUANT TO  SECTION  1201  OF  THE  FEDERAL
MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003.
  S  6. Section 606 of the tax law is amended by adding a new subsection
(h-1) to read as follows:
  (H-1) INDIVIDUAL ENROLLEE HEALTH INSURANCE CREDIT. A TAXPAYER SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE  EQUAL  TO  THE
APPLICABLE  PERCENTAGE  OF  THE PREMIUM PAID DURING THE TAXABLE YEAR FOR
HEALTH INSURANCE PURCHASED  PURSUANT  TO  SECTION  FOUR  THOUSAND  THREE
HUNDRED  TWENTY-ONE  OR  FOUR  THOUSAND  THREE HUNDRED TWENTY-TWO OF THE
INSURANCE LAW, INCLUDING POLICIES INTENDED  TO  QUALIFY  FOR  USE  IN  A
HEALTH  SAVINGS ACCOUNT PURSUANT TO SECTION 1201 OF THE FEDERAL MEDICARE
PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003. THE APPLI-
CABLE PERCENTAGE SHALL BE (1) FIVE PERCENT FOR TAXABLE  YEARS  BEGINNING
ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND NINE AND (2) TEN PERCENT FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN.
  S 7. This act shall take effect January  1,  2010;  provided,  however
that  the empire state film production credit under subsection (gg), the
empire state commercial production credit under subsection (jj) and  the

S. 3052                             7

credit  for  companies  who  provide  transportation to individuals with
disabilities under subsection  (oo)  of  section  606  of  the  tax  law
contained  in  section  two of this act shall expire on the same date as
provided  in  section  9 of part P of chapter 60 of the laws of 2004, as
amended, section 10 of part V of chapter 62 of  the  laws  of  2006,  as
amended  and  section  5 of chapter 522 of the laws of 2006, as amended,
respectively.

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Senate Bill S3052

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