S T A T E O F N E W Y O R K
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10093
I N A S S E M B L Y
April 29, 2022
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Introduced by M. of A. SCHMITT -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to excluding overtime wages and
income from tips from being included in the New York adjusted gross
income of a resident individual
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "middle
class tax relief act".
§ 2. Section 612 of the tax law is amended by adding two new
subsections (y) and (z) to read as follows:
(Y) OVERTIME COMPENSATION. (1) THERE SHALL BE SUBTRACTED FROM FEDERAL
ADJUSTED GROSS INCOME ANY APPLICABLE INCOME FROM WAGES PAID FOR OVERTIME
RECEIVED BY THE TAXPAYER DURING THE TAXABLE YEAR.
(2) FOR THE PURPOSES OF THIS SECTION, "OVERTIME" SHALL HAVE THE SAME
MEANING AS IN SECTION TWO HUNDRED THIRTY-TWO OF THE LABOR LAW.
(Z) TIPPED WAGES. (1) THERE SHALL BE SUBTRACTED FROM FEDERAL ADJUSTED
GROSS INCOME ANY APPLICABLE INCOME FROM TIPS RECEIVED BY THE TAXPAYER
DURING THE TAXABLE YEAR.
(2) APPLICABLE INCOME FROM TIPS IS INCOME RECEIVED AS A GRATUITY FOR
SERVICE PROVIDED BY THE TAXPAYER, INCLUDING, BUT NOT LIMITED TO, FOOD
SERVICE WORK.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15074-01-2