S T A T E O F N E W Y O R K
________________________________________________________________________
9886
I N S E N A T E
August 2, 2024
___________
Introduced by Sen. ASHBY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the tax law, in relation to creating an adoption tax
credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 606 of the tax law is amended by adding a new
subsection (qqq) to read as follows:
(QQQ) ADOPTION TAX CREDIT. (1) A RESIDENT TAXPAYER SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE IN AN AMOUNT EQUALING
FIFTY PERCENT OF THE QUALIFIED ADOPTION EXPENSES PAID DURING THE TAXABLE
YEAR IN CONJUNCTION WITH SUCH TAXPAYER'S ADOPTION OF A CHILD OR TEN
THOUSAND DOLLARS, WHICHEVER IS LESS. IF THE AMOUNT OF THE CREDIT ALLOW-
ABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAY-
ER'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.
(2) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "QUALIFIED ADOPTION
EXPENSES" SHALL MEAN THE REASONABLE AND NECESSARY ADOPTION FEES, COURT
COSTS, ATTORNEYS' FEES, AND OTHER EXPENSES THAT ARE DIRECTLY RELATED TO
THE LEGAL ADOPTION OF A CHILD.
§ 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2025.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15975-01-4