S T A T E O F N E W Y O R K
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6744
2019-2020 Regular Sessions
I N A S S E M B L Y
March 18, 2019
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Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to calculating the credit for
the minimum wage reimbursement credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (c) of section 38 of the tax law, as added by
section 1 of part EE of chapter 59 of the laws of 2013, is amended to
read as follows:
(c) For taxable years beginning on or after January first, two thou-
sand fourteen and before January first, two thousand fifteen, the amount
of the credit allowed under this section shall be equal to the product
of the total number of hours worked during the taxable year by eligible
employees for which they were paid at the minimum wage rate as defined
in article nineteen of the labor law and seventy five cents. For taxable
years beginning on or after January first, two thousand fifteen and
before January first, two thousand sixteen, the amount of the credit
allowed under this section shall be equal to the product of the total
number of hours during the taxable year worked by eligible employees for
which they were paid at such minimum wage rate and one dollar and thir-
ty-one cents. For taxable years beginning on or after January first, two
thousand sixteen and before January first, two thousand nineteen, the
amount of the credit allowed under this section shall be equal to the
product of the total number of hours during the taxable year worked by
eligible employees for which they were paid at such minimum wage rate
and one dollar and thirty-five cents. FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN AND BEFORE JANUARY FIRST, TWO
THOUSAND TWENTY-TWO, THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SECTION
SHALL BE EQUAL TO THE PRODUCT OF THE TOTAL NUMBER OF HOURS DURING THE
TAXABLE YEAR WORKED BY ELIGIBLE EMPLOYEES FOR WHICH THEY WERE PAID AT
SUCH MINIMUM WAGE RATE AND ONE DOLLAR AND FIFTY-FIVE CENTS. Provided,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10729-01-9
A. 6744 2
however, if the federal minimum wage established by federal law pursuant
to 29 U.S.C. section 206 or its successors is increased above eighty-
five percent of the minimum wage in article nineteen of the labor law,
the dollar amounts in this subdivision shall be reduced to the differ-
ence between the minimum wage in article nineteen of the labor law and
the federal minimum wage. Such reduction would take effect on the date
that employers are required to pay such federal minimum wage.
§ 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after January 1, 2019.