senate Bill S3509A

2013-2014 Legislative Session

Establishes a personal income tax credit of up to $25,000 for the expenses of legally adopting a child

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 3509a
amend and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
Feb 05, 2013 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3509 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S5112

S3509 - Bill Texts

view summary

Establishes a personal income tax credit of up to $2,500 for the expenses of legally adopting a child.

view sponsor memo
BILL NUMBER:S3509

TITLE OF BILL: An act to amend the tax law, in relation to establishing
a personal income tax credit for the adoption of a child

PURPOSE: To establish a personal income tax credit of up to $2,500 for
the expenses of legally adopting a child.

SUMMARY OF PROVISIONS:

Section 606 of the tax law is amended by adding a new subsection (t-2)
to read as follows: A resident taxpayer shall be allowed a credit, not
to exceed $2,500, against the tax imposed by this article for qualified
adoption expenses for each child adopted. Qualified adoption expenses
shall mean the expenses required for the legal adoption of a child by
the taxpayer or the taxpayer's spouse. The credit under this subsection
shall be allowed against the taxes imposed by this article for the taxa-
ble year reduced by the credits permitted by this article. If the credit
exceeds the tax as so reduced, the taxpayer may receive, and the comp-
troller, subject to a certificate of the commissioner, shall pay as an
overpayment, without interest, the amount of such excess.

JUSTIFICATION: Federal law currently allows for an adoption tax credit
to assist with expenses paid prior to the year the adoption becomes
final. A taxpayer who paid qualifying expenses in the current year for
an adoption which became final in the current year, may be eligible to
claim the credit for the expenses on the current year return, in addi-
tion to credit for expenses paid in a prior year. This bill would create
a similar adoption tax credit for New York State Currently, 19 other
states have passed legislation providing some type of adoption tax cred-
it to residents. Adoption is a most rewarding, yet expensive process
which should be attainable to more families wishing to adopt a child.
This bill will provide a state tax credit up to $2,500 for New York
residents and alleviate some of the adoption costs.

LEGISLATIVE HISTORY: 5/3/11 Referred to Investigations and Government
Operations 1/4/12 Referred to Investigations and Government Operations

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to taxable years beginning on or after January 1, 2013.

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

                                  3509

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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  personal
  income 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 A CREDIT, NOT TO  EXCEED  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS,
AGAINST  THE TAX IMPOSED BY THIS ARTICLE FOR QUALIFIED ADOPTION EXPENSES
FOR EACH CHILD ADOPTED.
  (2) QUALIFIED ADOPTION EXPENSES. FOR THE PURPOSES OF THIS  SUBSECTION,
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)  REFUNDABILITY.  THE CREDIT UNDER THIS SUBSECTION SHALL BE ALLOWED
AGAINST THE TAXES IMPOSED BY THIS ARTICLE FOR THE TAXABLE  YEAR  REDUCED
BY  THE CREDITS PERMITTED BY THIS ARTICLE. IF THE CREDIT EXCEEDS THE TAX
AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE COMPTROLLER, SUBJECT TO
A CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS AN OVERPAYMENT,  WITHOUT
INTEREST, THE AMOUNT OF SUCH EXCESS.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2013.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07296-01-3

Co-Sponsors

S3509A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S5112

S3509A (ACTIVE) - Bill Texts

view summary

Establishes a personal income tax credit of up to $2,500 for the expenses of legally adopting a child.

view sponsor memo
BILL NUMBER:S3509A

TITLE OF BILL: An act to amend the tax law, in relation to
establishing a personal income tax credit for the adoption of a child

PURPOSE:

To establish a personal income tax credit of up to $25,000 for the
expenses of legally adopting a child.

SUMMARY OF PROVISIONS:

Section 606 of the tax law is amended by adding a new subsection (t-2)
to read as follows: A resident taxpayer shall be allowed a credit, not
to exceed $25,000, against the tax imposed by this article for
qualified adoption expenses for each child adopted. Qualified adoption
expenses shall mean the expenses required for the legal adoption of a
child by the taxpayer or the taxpayer's spouse. The credit under this
subsection shall be allowed against the taxes imposed by this article
for the taxable year reduced by the credits permitted by this article.
If the credit exceeds the tax as so reduced, the taxpayer may receive,
and the comptroller, subject to a certificate of the commissioner,
shall pay as an overpayment, without interest, the amount of such
excess.

JUSTIFICATION:

Federal law currently allows for an adoption tax credit to assist with
expenses paid prior to the year the adoption becomes final. A taxpayer
who paid qualifying expenses in the current year for an adoption which
became final in the current year, may be eligible to claim the credit
for the expenses on the current year return, in addition to credit for
expenses paid in a prior year. This bill would create a similar
adoption tax credit for New York State. Currently, 19 other states
have passed legislation providing some type of adoption tax credit to
residents. Adoption is a most rewarding, yet expensive process which
should be attainable to more families wishing to adopt a child. This
bill will provide a state tax credit up to $25,000 for New York
residents and alleviate some of the adoption costs.

LEGISLATIVE HISTORY:

2012 S.7745 Passed Senate

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 3509--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sens. BALL, LANZA -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  recommitted  to  the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in  relation  to  establishing  a  personal
  income 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 A CREDIT, NOT TO EXCEED TWENTY-FIVE  THOUSAND  DOLLARS,  AGAINST
THE TAX IMPOSED BY THIS ARTICLE FOR QUALIFIED ADOPTION EXPENSES FOR EACH
CHILD ADOPTED.
  (2)  QUALIFIED ADOPTION EXPENSES. FOR THE PURPOSES OF THIS SUBSECTION,
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) REFUNDABILITY. THE CREDIT UNDER THIS SUBSECTION SHALL  BE  ALLOWED
AGAINST  THE  TAXES IMPOSED BY THIS ARTICLE FOR THE TAXABLE YEAR REDUCED
BY THE CREDITS PERMITTED BY THIS ARTICLE. IF THE CREDIT EXCEEDS THE  TAX
AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE COMPTROLLER, SUBJECT TO
A  CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS AN OVERPAYMENT, WITHOUT
INTEREST, THE AMOUNT OF SUCH EXCESS.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2014.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07296-02-4

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