S T A T E   O F   N E W   Y O R K
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                                 1882--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Ways and Means -- recommitted to  the  Committee  on  Ways  and
  Means  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the tax law, in relation  to  the  personal  income  tax
  credit for certain household and dependent care services necessary for
  gainful employment

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

  Section 1. Paragraph 1 of subsection (c) of section  606  of  the  tax
law,  as  amended  by  section  1 of part M of chapter 63 of the laws of
2000, is amended to read as follows:
  (1) A taxpayer shall be allowed a credit as provided herein  equal  to
the  applicable percentage of the credit allowable under section twenty-
one of the internal revenue code for  the  same  taxable  year  (without
regard  to  whether  the  taxpayer in fact claimed the credit under such
section twenty-one for such taxable  year).  The  applicable  percentage
shall  be the sum of (i) twenty percent and (ii) a multiplier multiplied
by a fraction. For taxable years beginning in nineteen  hundred  ninety-
six  and  nineteen  hundred ninety-seven, the numerator of such fraction
shall be the lesser of (i) four thousand dollars or (ii) fourteen  thou-
sand  dollars  less  the  New York adjusted gross income for the taxable
year, provided, however, the numerator shall not be less than zero.  For
the taxable year beginning in nineteen hundred ninety-eight, the numera-
tor  of  such  fraction  shall  be  the  lesser of (i) thirteen thousand
dollars or (ii) thirty thousand dollars less the New York adjusted gross
income for the taxable year, provided, however, the numerator shall  not
be less than zero. For taxable years beginning in nineteen hundred nine-
ty-nine,  the  numerator  of  such  fraction  shall be the lesser of (i)
fifteen thousand dollars or (ii) fifty thousand  dollars  less  the  New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02046-03-6
              

A. 1882--A                          2

York  adjusted gross income for the taxable year, provided, however, the
numerator shall not be less than zero. For taxable years beginning after
nineteen hundred ninety-nine, the numerator of such  fraction  shall  be
the  lesser  of (i) fifteen thousand dollars or (ii) sixty-five thousand
dollars less the New York adjusted gross income for  the  taxable  year,
provided,  however,  the  numerator  shall  not be less than zero.   The
denominator of such fraction shall be four thousand dollars for  taxable
years  beginning  in  nineteen  hundred  ninety-six and nineteen hundred
ninety-seven, thirteen thousand dollars for the taxable  year  beginning
in nineteen hundred ninety-eight, and fifteen thousand dollars for taxa-
ble  years beginning after nineteen hundred ninety-eight. The multiplier
shall be ten percent for taxable years  beginning  in  nineteen  hundred
ninety-six,  forty  percent  for  taxable  years  beginning  in nineteen
hundred ninety-seven, and eighty percent  for  taxable  years  beginning
after  nineteen  hundred  ninety-seven.  Provided,  however, for taxable
years beginning after nineteen hundred ninety-nine, for a  person  whose
New York adjusted gross income is less than forty thousand dollars, such
applicable  percentage  shall  be equal to (i) one hundred percent, plus
(ii) ten percent multiplied by a fraction whose numerator shall  be  the
lesser  of  [(i)] (A) fifteen thousand dollars or [(ii)] (B) forty thou-
sand dollars less the New York adjusted gross  income  for  the  taxable
year,  provided  such  numerator  shall not be less than zero, and whose
denominator shall be fifteen thousand dollars. Provided,  further,  that
[if] FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN,  THE  AMOUNT  OF  CREDIT CALCULATED PURSUANT TO THIS SUBSECTION
SHALL BE INCREASED BY AN ADDITIONAL FIFTY  PERCENT;  PROVIDED,  HOWEVER,
THAT  THE  CREDIT PROVIDED FOR IN THIS SUBSECTION SHALL NOT BE AVAILABLE
TO TAXPAYERS WHO FILE JOINTLY WITH ADJUSTED GROSS INCOMES IN  EXCESS  OF
THREE  HUNDRED FIFTY THOUSAND DOLLARS, TO TAXPAYERS WHO FILE AS HEADS OF
HOUSEHOLDS WITH ADJUSTED GROSS INCOMES IN EXCESS OF THREE HUNDRED  THOU-
SAND  DOLLARS,  AND  TO  TAXPAYERS  WHO  FILE SINGLY WITH ADJUSTED GROSS
INCOMES IN EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS.  IF  the
reversion  event,  as  defined in this paragraph, occurs, the applicable
percentage shall, for taxable years ending on or after the date on which
the reversion event occurred, be determined using the rules specified in
this paragraph applicable to taxable years beginning in nineteen hundred
ninety-nine. The reversion event shall be deemed to have occurred on the
date on which federal action, including but not limited to,  administra-
tive,  statutory or regulatory changes, materially reduces or eliminates
New York state's allocation of  the  federal  temporary  assistance  for
needy  families  block  grant,  or materially reduces the ability of the
state to spend federal temporary assistance  for  needy  families  block
grant  funds  for  the  credit  for certain household and dependent care
services necessary for gainful employment or to apply state general fund
spending on the credit for certain household and dependent care services
necessary for gainful employment toward  the  temporary  assistance  for
needy  families  block  grant maintenance of effort requirement, and the
commissioner of the office of temporary and disability assistance  shall
certify  the date of such event to the commissioner, the director of the
division of the budget, the speaker of the assembly  and  the  temporary
president of the senate.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.