S T A T E O F N E W Y O R K
________________________________________________________________________
3739--A
2013-2014 Regular Sessions
I N S E N A T E
February 13, 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 -- recommitted to the Committee on Investigations 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 small busi-
ness tax credit for the employment of unemployed college graduates
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 48 to read as follows:
48. SMALL BUSINESS TAX CREDIT; UNEMPLOYED COLLEGE GRADUATES. (A)
GENERAL. A TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE
ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS SUBDIVISION,
AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR EACH UNEMPLOYED COLLEGE
GRADUATE HIRED DURING A TAXABLE YEAR, PROVIDED THAT SUCH UNEMPLOYED
COLLEGE GRADUATE 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 UNEMPLOYED COLLEGE GRADUATE 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 "COLLEGE" SHALL
MEAN A PUBLIC OR INDEPENDENT COLLEGE; THE TERM "PUBLIC COLLEGE" SHALL
MEAN EACH COMPONENT OF THE STATE UNIVERSITY, AS DEFINED IN SUBDIVISION
THREE OF SECTION THREE HUNDRED FIFTY-TWO OF THE EDUCATION LAW AND IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08266-02-4
S. 3739--A 2
SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED ONE OF THE EDUCATION LAW
AND EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF
NEW YORK, AS DEFINED IN SUBDIVISIONS FOUR AND FIVE OF SECTION SIXTY-TWO
HUNDRED TWO OF THE EDUCATION LAW; AND THE TERM "INDEPENDENT COLLEGE"
SHALL MEAN EACH INDEPENDENT NOT-FOR-PROFIT INSTITUTION OF HIGHER EDUCA-
TION, AS DEFINED IN SUBDIVISION TWO OF SECTION SIXTY-FOUR HUNDRED ONE OF
THE EDUCATION LAW.
S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxvii) to read as
follows:
(XXXVII) SMALL BUSINESS TAX CREDIT; COSTS UNDER SUBDIVISION
UNEMPLOYED COLLEGE GRADUATES FORTY-EIGHT OF SECTION
UNDER SUBSECTION (XX) TWO HUNDRED TEN
S 3. Subsections (yy) and (zz) of section 606 of the tax law, as
relettered by section 5 of part H of chapter 1 of the laws of 2003, are
relettered subsections (yyy) and (zzz) and a new subsection (xx) is
added to read as follows:
(XX) SMALL BUSINESS TAX CREDIT; UNEMPLOYED COLLEGE GRADUATES. (1)
GENERAL. A TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE
ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS SUBSECTION, AGAINST
THE TAX IMPOSED BY THIS ARTICLE FOR EACH UNEMPLOYED COLLEGE GRADUATE
HIRED DURING A TAXABLE YEAR, PROVIDED THAT SUCH UNEMPLOYED COLLEGE GRAD-
UATE 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 UNEMPLOYED COLLEGE GRADUATE 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 "COLLEGE" SHALL
MEAN A PUBLIC OR INDEPENDENT COLLEGE; THE TERM "PUBLIC COLLEGE" SHALL
MEAN EACH COMPONENT OF THE STATE UNIVERSITY, AS DEFINED IN SUBDIVISION
THREE OF SECTION THREE HUNDRED FIFTY-TWO OF THE EDUCATION LAW AND IN
SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED ONE OF THE EDUCATION LAW
AND EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF
NEW YORK, AS DEFINED IN SUBDIVISIONS FOUR AND FIVE OF SECTION SIXTY-TWO
HUNDRED TWO OF THE EDUCATION LAW; AND THE TERM "INDEPENDENT COLLEGE"
SHALL MEAN EACH INDEPENDENT NOT-FOR-PROFIT INSTITUTION OF HIGHER EDUCA-
TION, AS DEFINED IN SUBDIVISION TWO OF SECTION SIXTY-FOUR HUNDRED ONE OF
THE EDUCATION LAW.
S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2015.