S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2838
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to creating a wage  tax  credit
   for  employers  who  employ  New York national guard men and women and
   reservists
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  210-B  of the tax law is amended by adding a new
 subdivision 59 to read as follows:
   59.  EMPLOYMENT OF NEW YORK NATIONAL GUARD AND  RESERVE  MEMBERS  WAGE
 TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CRED-
 IT,  TO  BE  COMPUTED  AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION,
 AGAINST THE TAX IMPOSED BY THIS ARTICLE, IF IT EMPLOYS  MEMBERS  OF  THE
 NEW  YORK  NATIONAL GUARD AND RESERVES. PROVIDED, HOWEVER, SUCH TAXPAYER
 SHALL COMPLY WITH THE UNIFORMED  SERVICES  EMPLOYMENT  AND  REEMPLOYMENT
 RIGHTS  ACT,  AS FOUND IN SECTION 4301 ET SEQ. OF TITLE 18 OF THE UNITED
 STATES CODE.
   (B) AMOUNT OF CREDIT. THE CREDIT ALLOWED PURSUANT TO PARAGRAPH (A)  OF
 THIS  SUBDIVISION SHALL BE IN AN AMOUNT EQUAL TO FIFTEEN HUNDRED DOLLARS
 FOR EACH NATIONAL GUARD OR RESERVE MEMBER EMPLOYED BY SUCH EMPLOYER  AND
 TWENTY-FIVE  HUNDRED  DOLLARS  FOR EACH NATIONAL GUARD OR RESERVE MEMBER
 EMPLOYED BY SUCH EMPLOYER WHO HAS COMPLETED OR RETURNED FROM  A  DEPLOY-
 MENT OR ACTIVATION. PROVIDED, HOWEVER, THAT NO SUCH CREDIT ALLOWED UNDER
 THIS SUBDIVISION SHALL EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH
 NATIONAL GUARD OR RESERVE MEMBER EMPLOYED BY SUCH EMPLOYER.
   (C)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.   IF, HOWEVER,  THE  AMOUNT  OF
 CREDITS  ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE
 TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS  NOT  DEDUCTIBLE  IN  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06089-01-3
              

 A. 2838                             2
 
 TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ONE THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of the tax law is amended by adding a new clause (1) to read as follows:
 (1) EMPLOYMENT OF NEW                AMOUNT OF CREDIT
 YORK NATIONAL GUARD AND              UNDER SUBDIVISION
 RESERVE MEMBERS CREDIT               FIFTY-NINE OF SECTION
 UNDER SUBSECTION (OOO)               TWO HUNDRED TEN-B
   §  3. Section 606 of the tax law is amended by adding a new subsection
 (ooo) to read as follows:
   (OOO) EMPLOYMENT OF NEW YORK NATIONAL GUARD AND RESERVE  MEMBERS  WAGE
 TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CRED-
 IT,  TO  BE  COMPUTED  AS  PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION,
 AGAINST THE TAX IMPOSED BY THIS ARTICLE IF THEY EMPLOY  MEMBERS  OF  THE
 NEW  YORK  NATIONAL  GUARD  AND  RESERVE.  PROVIDED, HOWEVER, THEY SHALL
 COMPLY WITH THE UNIFORMED SERVICES EMPLOYMENT  AND  REEMPLOYMENT  RIGHTS
 ACT,  AS  FOUND IN SECTION 4301 ET SEQ. OF TITLE 18 OF THE UNITED STATES
 CODE.
   (2) AMOUNT OF CREDIT. THE CREDIT ALLOWED PURSUANT TO PARAGRAPH ONE  OF
 THIS SUBSECTION SHALL BE IN AN AMOUNT EQUAL TO ONE THOUSAND FIVE HUNDRED
 DOLLARS  FOR  EACH  NATIONAL  GUARD  OR  RESERVE MEMBER EMPLOYED BY SUCH
 EMPLOYER AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH  NATIONAL  GUARD
 OR  RESERVE  MEMBER  EMPLOYED  BY  SUCH  EMPLOYER  WHO  HAS COMPLETED OR
 RETURNED FROM A DEPLOYMENT OR ACTIVATION.  PROVIDED,  HOWEVER,  THAT  NO
 SUCH CREDIT ALLOWED UNDER THIS SUBSECTION SHALL EXCEED TWO THOUSAND FIVE
 HUNDRED  DOLLARS  FOR  EACH NATIONAL GUARD OR RESERVE MEMBER EMPLOYED BY
 SUCH EMPLOYER.
   (3) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
 SUCH  YEAR,  THE  EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
 SHALL BE PAID THEREON.
   § 4. This act shall take effect immediately and apply to taxable years
 beginning on and after January 1, 2026.