§ 335. Tax credit; overtime expense certification. 1. A qualified farm
employer who is issued an overtime expense certificate by the department
may be allowed a credit pursuant to section forty-two-a of the tax law
equal to one hundred eighteen percent of the aggregate amount of
overtime expenses certified by the department pursuant to this section.
A qualified farm employer who is issued a preliminary overtime expense
certificate may be eligible to receive an advance payment of such tax
credit pursuant to subdivision (e) of section forty-two-a of the tax
law.

2. Certificate application and approval process. A farm employer must
submit a complete application as prescribed by the commissioner by the
first of February after the end of the calendar year. As part of the
application, each farm employer shall provide evidence in the form and
manner prescribed by the commissioner sufficient to establish that it is
a qualified farm employer and to determine the overtime expense per
eligible farm employee paid by such qualified farm employer during the
preceding calendar year. If, after reviewing a farm employer's completed
application, the department determines that the farm employer is a
qualified farm employer, the department may issue to such qualified farm
employer an overtime expense certificate for each year that the
eligibility criteria are satisfied that specifies (a) the total number
of eligible farm employees who were paid eligible overtime by the
qualified farm employer; (b) the aggregate amount of overtime expense
paid by the qualified farm employer; and (c) the calendar year in which
such overtime expense was paid.

3. Preliminary overtime expense certificate. A farm employer who
intends to request an advance payment of the tax credit pursuant to
subdivision (e) of section forty-two-a of the tax law must submit a
complete application as prescribed by the commissioner by September
thirtieth of the calendar year. As part of the application, each farm
employer shall provide evidence in the form and manner prescribed by the
commissioner sufficient to establish that it is a qualified farm
employer and to determine the overtime expense per eligible farm
employee paid by such qualified farm employer from January first through
July thirty-first of such calendar year. If, after reviewing a farm
employer's completed application, the department determines that the
farm employer is a qualified farm employer, the department may issue to
such qualified farm employer a preliminary overtime expense certificate
that specifies (a) the total number of eligible farm employees who were
paid eligible overtime by the qualified farm employer from January first
through July thirty-first of such calendar year; and (b) the aggregate
amount of overtime expense paid by the qualified farm employer during
such period.