S T A T E O F N E W Y O R K
________________________________________________________________________
10048
I N S E N A T E
April 24, 2026
___________
Introduced by Sen. JACKSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to the election to have
federal and/or state income tax deducted and withheld from an individ-
ual's unemployment insurance benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 6 of section 596 of the labor
law, as amended by chapter 369 of the laws of 2008, is amended to read
as follows:
(a)(1) Unemployment benefits are subject to federal, state and local
income tax;
(2) Requirements exist pertaining to estimated tax payments;
(3) The individual may elect to have federal and/or state income tax
deducted and withheld from the individual's payment of unemployment
benefits at the amount specified under the federal internal revenue code
(26 U.S.C.A. 3402(p)(2)) and/or [the] AN AMOUNT EQUAL TO FOUR PERCENT OF
SUCH PAYMENT FOR THE PURPOSE OF the state income tax withholding [tax
schedules as specified under the tax law and relevant regulations];
[and]
(4) The individual shall be permitted to change a previously elected
withholding status[.]; AND
(5) EVEN IF THE INDIVIDUAL ELECTS TO HAVE FEDERAL AND/OR STATE INCOME
TAX DEDUCTED AND WITHHELD FROM THE INDIVIDUAL'S PAYMENT OF UNEMPLOYMENT
BENEFITS, ADDITIONAL TAX MAY STILL BE DUE AS PRESCRIBED FOR SUCH TAX
PAYMENT UNDER THE TAX LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08480-01-5