The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3845
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Ways and Means
 
 AN  ACT  to amend the tax law, in relation to minimum wage reimbursement
   credit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 38 of the tax law, as added by section 1 of part EE
 of chapter 59 of the laws of 2013, is renumbered section 45 and subdivi-
 sions (b) and (c) are amended to read as follows:
   (b)  An  eligible  employer  is  a corporation (including a New York S
 corporation), a sole proprietorship, a limited liability  company  or  a
 partnership.  An  eligible employee is an individual who is (i) employed
 by an eligible employer in New York state, (ii) paid at the minimum wage
 rate as defined in article nineteen of the labor law during the  taxable
 year  by  the  eligible  employer, (iii) between the ages of sixteen and
 nineteen during the period in which he or she is paid  at  such  minimum
 wage rate by the eligible employer, and (iv) a student during the period
 in  which  he  or she is paid at such minimum wage rate by the taxpayer.
 FOR TAXABLE YEARS BEGINNING ON AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-ONE, AN ELIGIBLE EMPLOYEE IS AN INDIVIDUAL WHO IS (I) EMPLOYED BY
 AN  ELIGIBLE  EMPLOYER  IN NEW YORK STATE, (II) PAID AT A RATE THAT DOES
 NOT EXCEED THE MINIMUM WAGE RATE AS DEFINED IN ARTICLE NINETEEN  OF  THE
 LABOR  LAW  PLUS  FIFTY  CENTS  DURING  THE TAXABLE YEAR BY THE ELIGIBLE
 EMPLOYER, (III) BETWEEN THE AGES OF  SIXTEEN  AND  NINETEEN  DURING  THE
 PERIOD IN WHICH HE OR SHE IS PAID AT SUCH RATE THAT DOES NOT EXCEED SUCH
 MINIMUM  WAGE RATE PLUS FIFTY CENTS BY THE ELIGIBLE EMPLOYER, AND (IV) A
 STUDENT DURING THE PERIOD IN WHICH HE OR SHE IS PAID AT SUCH  RATE  THAT
 DOES NOT EXCEED SUCH MINIMUM WAGE RATE PLUS FIFTY CENTS BY THE TAXPAYER.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01755-01-1

 A. 3845                             2
 
 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] SEVENTY-FIVE
 cents.  For taxable years beginning on or after January first, two thou-
 sand 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 thirty-one cents. For taxable years  beginning  on  or  after
 January  first, two thousand sixteen and before January first, two thou-
 sand 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 mini-
 mum  wage  rate  and one dollar and thirty-five cents. FOR TAXABLE YEARS
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND  BEFORE
 JANUARY  FIRST,  TWO  THOUSAND  TWENTY-FOUR,  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 A RATE THAT DOES NOT EXCEED SUCH MINIMUM WAGE
 RATE PLUS FIFTY CENTS AND ONE DOLLAR AND  THIRTY-FIVE  CENTS.  Provided,
 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 apply to taxable
 years beginning on and after January 1, 2021.