§ 42-a. Farm employer overtime credit. (a) Notwithstanding subdivision
(f) of section forty-two of this article, a taxpayer that is an eligible
farm employer or an owner of an eligible farm employer shall be eligible
for a credit against the tax imposed under article nine-A or twenty-two
of this chapter, pursuant to the provisions referenced in subdivision
(h) of this section.

(b) For purposes of this section, the term "eligible farm employer"
means a taxpayer who received an overtime expense certificate pursuant
to section three hundred thirty-five of the agriculture and markets law
and whose federal gross income from farming as defined in subsection (n)
of section six hundred six of this chapter for the taxable year is at
least two-thirds of excess federal gross income. Excess federal gross
income means the amount of federal gross income from all sources for the
taxable year in excess of thirty thousand dollars. For purposes of this
section, payments from the state's farmland protection program,
administered by the department of agriculture and markets, shall be
included as federal gross income from farming for otherwise eligible
farmers.

(c) Special rules. If more than fifty percent of such eligible farm
employer's federal gross income from farming is from the sale of wine
from a licensed farm winery as provided for in article six of the
alcoholic beverage control law, or from the sale of cider from a
licensed farm cidery as provided for in section fifty-eight-c of the
alcoholic beverage control law, then an eligible farm employee of such
eligible farmer shall be included for purposes of calculating the amount
of credit allowed under this section only if such eligible farm employee
is employed by such eligible farmer on qualified agricultural property
as defined in paragraph four of subsection (n) of section six hundred
six of this chapter.

(d) The amount of the credit allowed under this section shall be equal
to one hundred eighteen percent of the aggregate amount of overtime
expense paid by the qualified farm employer as certified by the
department of agriculture and markets pursuant to section three hundred
thirty-five of the agriculture and markets law.

(e) A taxpayer who received a preliminary overtime expense certificate
pursuant to section three hundred thirty-five of the agriculture and
markets law shall have the option to request an advance payment of the
portion of the amount of tax credit they are allowed under this section
equal to one hundred eighteen percent of aggregate amount of overtime
expense that the farm employer paid from January first through July
thirty-first, as certified by the department of agriculture and markets
pursuant to section three hundred thirty-five of the agriculture and
markets law. A taxpayer must submit an advanced payment request to the
department in the manner prescribed by the commissioner after it has
been issued a preliminary overtime expense certificate by the department
of agriculture and markets pursuant to article twenty-five-C of the
agriculture and markets law (or such certificate has been issued to a
partnership, limited liability company or subchapter S corporation in
which it is a partner, member or shareholder, respectively, that is a
farm employer), but such request must be submitted no later than
November first of the taxable year for which the credit is being
claimed. For those taxpayers who have requested an advance payment and
for whom the commissioner has determined to be eligible for this credit,
the commissioner shall advance a payment of the portion of the amount of
tax credit allowed to the taxpayer. The taxpayer will claim on the
taxpayers' return for the taxable year the portion of the amount of tax
credit allowed for eligible overtime paid by the farm employer from
August first through December thirty-first. The taxpayer must properly
reconcile the advance payment of tax credit allowed under this
subdivision on the taxpayer's return.

(f) If a taxpayer that has received an advance payment is not an
eligible farm employer or an owner of an eligible farm employer for the
taxable year for which it received an advance payment, the taxpayer
shall be required to add back as tax the amount of advance payment the
taxpayer received during the taxable year.

(g) Notwithstanding any provision of this chapter, employees of the
department of agriculture and markets and the department shall be
allowed to share and exchange:

(i) information derived from tax returns or reports that is relevant
to a taxpayer's eligibility for the credit allowed by this section;

(ii) information regarding the credit applied for, allowed or claimed
pursuant to this section and regarding taxpayers that are applying for
the credit or that are claiming the credit; and

(iii) information collected by the department of agriculture and
markets and exchanged between the department of agriculture and markets
and the department pursuant to this section shall not be subject to
disclosure or inspection under the state's freedom of information law.

(h) Cross references: For application of the credit provided in this
section, see the following provisions of this chapter:

(1) Article 9-A: Section 210-B, subdivision 58.

(2) Article 22: Section 606, subsection (nnn).