§ 335 — Tax credit; overtime expense certification

§ 335. Tax credit; overtime expense certification. 1. A qualified farm\nemployer who is issued an overtime expense certificate by the department\nmay be allowed a credit pursuant to section forty-two-a of the tax law\nequal to one hundred eighteen percent of the aggregate amount of\novertime expenses certified by the department pursuant to this section.\nA qualified farm employer who is issued a preliminary overtime expense\ncertificate may be eligible to receive an advance payment of such tax\ncredit pursuant to subdivision (e) of section forty-two-a of the tax\nlaw.\n 2. Certificate application and approval process. A farm employer must\nsubmit a complete application as prescribed by the commissioner by the\nfirst of February after the end of the calendar year. As part of the\napplication, each farm employer shall provide evidence in the form and\nmanner prescribed by the commissioner sufficient to establish that it is\na qualified farm employer and to determine the overtime expense per\neligible farm employee paid by such qualified farm employer during the\npreceding calendar year. If, after reviewing a farm employer's completed\napplication, the department determines that the farm employer is a\nqualified farm employer, the department may issue to such qualified farm\nemployer an overtime expense certificate for each year that the\neligibility criteria are satisfied that specifies (a) the total number\nof eligible farm employees who were paid eligible overtime by the\nqualified farm employer; (b) the aggregate amount of overtime expense\npaid by the qualified farm employer; and (c) the calendar year in which\nsuch overtime expense was paid.\n 3. Preliminary overtime expense certificate. A farm employer who\nintends to request an advance payment of the tax credit pursuant to\nsubdivision (e) of section forty-two-a of the tax law must submit a\ncomplete application as prescribed by the commissioner by September\nthirtieth of the calendar year. As part of the application, each farm\nemployer shall provide evidence in the form and manner prescribed by the\ncommissioner sufficient to establish that it is a qualified farm\nemployer and to determine the overtime expense per eligible farm\nemployee paid by such qualified farm employer from January first through\nJuly thirty-first of such calendar year. If, after reviewing a farm\nemployer's completed application, the department determines that the\nfarm employer is a qualified farm employer, the department may issue to\nsuch qualified farm employer a preliminary overtime expense certificate\nthat specifies (a) the total number of eligible farm employees who were\npaid eligible overtime by the qualified farm employer from January first\nthrough July thirty-first of such calendar year; and (b) the aggregate\namount of overtime expense paid by the qualified farm employer during\nsuch period.\n