S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4904
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the  tax  law,  in  relation  to  establishing  a  legal
   services  veterans  tax credit for attorneys who perform certain civil
   cases and services for veterans and disabled veterans
   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 61 to read as follows:
   61. LEGAL SERVICES VETERANS TAX CREDIT. (A) GENERAL. A TAXPAYER  SHALL
 BE  ALLOWED  A  CREDIT,  TO BE COMPUTED AS PROVIDED IN THIS SUBDIVISION,
 AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR ANY ATTORNEY WHO PERFORMS  A
 MINIMUM  OF  FIFTY HOURS OF PRO BONO LEGAL SERVICES FOR CIVIL CASES TO A
 VETERAN OR DISABLED VETERAN DURING A TAXABLE YEAR. SUCH  SERVICES  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, VETERAN'S BENEFITS AND APPEALS, MILITARY
 DISCHARGES  AND  UPGRADES,  PUBLIC BENEFITS, EVICTIONS AND FORECLOSURES,
 AND CONSUMER DEBT ISSUES.
   (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS  SECTION  SHALL  NOT
 EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS ANNUALLY.
   (C)  CARRYOVERS.  THE  CREDIT  ALLOWED  UNDER  THIS SUBDIVISION MAY BE
 CLAIMED AND IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH  THE  CREDIT
 IS  CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE TEN SUCCEEDING
 TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBDIVISION MAY NOT BE USED
 TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
   (D) DEFINITIONS. AS USED IN  THIS  SUBDIVISION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (I)  "VETERAN"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN SECTION
 EIGHTY-FIVE OF THE CIVIL SERVICE LAW.
   (II) "DISABLED VETERAN" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09135-01-5
 S. 4904                             2
              
             
                          
                 
   §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding  a  new  clause  (lii)  to  read  as
 follows:
 
 (LII) LEGAL SERVICES VETERANS TAX    AMOUNT OF CREDIT UNDER SUBDIVISION
 CREDIT UNDER SUBSECTION (QQQ)        SIXTY-ONE OF SECTION TWO HUNDRED
                                      TEN-B
   §  3. Section 606 of the tax law is amended by adding a new subsection
 (qqq) to read as follows:
   (QQQ) LEGAL SERVICES VETERANS TAX  CREDIT.  (1)  GENERAL.  A  TAXPAYER
 SHALL  BE  ALLOWED  A  CREDIT,  TO  BE  COMPUTED  AS  PROVIDED  IN  THIS
 SUBSECTION, AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR ANY ATTORNEY WHO
 PERFORMS A MINIMUM OF FIFTY HOURS OF PRO BONO LEGAL SERVICES  FOR  CIVIL
 CASES  TO  A  VETERAN  OR  DISABLED  VETERAN DURING A TAXABLE YEAR. SUCH
 SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO,  VETERAN'S  BENEFITS  AND
 APPEALS,  MILITARY  DISCHARGES  AND UPGRADES, PUBLIC BENEFITS, EVICTIONS
 AND FORECLOSURES, AND CONSUMER DEBT ISSUES.
   (2) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SUBSECTION SHALL NOT
 EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS ANNUALLY.
   (3) CARRYOVERS. THE  CREDIT  ALLOWED  UNDER  THIS  SUBSECTION  MAY  BE
 CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
 IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE TEN  SUCCEEDING
 TAXABLE  YEARS. THE CREDIT AUTHORIZED BY THIS SUBSECTION MAY NOT BE USED
 TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
   (4) DEFINITIONS. AS USED IN THIS SUBSECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I) "VETERAN" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN  SECTION
 EIGHTY-FIVE OF THE CIVIL SERVICE LAW.
   (II)  "DISABLED  VETERAN"  SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW.
   § 4. The attorney general shall promulgate  any  necessary  rules  and
 regulations  that  define which civil cases and services qualify for the
 credit, as well as procedures for  the  screening  and  review  of  hour
 submissions  by  attorneys.    The  commissioner of taxation and finance
 shall promulgate any necessary rules and regulations pertaining  to  the
 submission of qualifying hours by attorneys.
   § 5. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2026.