§ 25-A — Power to administer the New York youth jobs program tax credit

New York § 25-A

• Jurisdiction: New York
• Law LAB: Labor
• Art. 2: The Department of Labor

Text

§ 25-a. Power to administer the New York youth jobs program tax\ncredit.\n (a) The commissioner is authorized to establish and administer the\nprogram established under this section to provide tax incentives to\nemployers for employing at risk youth in part-time and full-time\npositions. There will be ten distinct pools of tax incentives. Program\none will cover tax incentives allocated for two thousand twelve and two\nthousand thirteen. Program two will cover tax incentives allocated in\ntwo thousand fourteen. Program three will cover tax incentives allocated\nin two thousand fifteen. Program four will cover tax incentives\nallocated in two thousand sixteen. Program five will cover tax\nincentives allocated in two thousand seventeen. Program six will cover\ntax incentives allocated in two thousand eighteen. Program seven will\ncover tax incentives allocated in two thousand nineteen. Program eight\nwill cover tax incentives allocated in two thousand twenty. Program nine\nwill cover tax incentives allocated in two thousand twenty-one. Program\nten will cover tax incentives allocated in two thousand twenty-two.\nProgram eleven will cover tax incentives allocated in two thousand\ntwenty-three. Program twelve will cover tax incentives allocated in two\nthousand twenty-four. Program thirteen will cover tax incentives\nallocated in two thousand twenty-five. Program fourteen will cover tax\nincentives allocated in two thousand twenty-six. Program fifteen will\ncover tax incentives allocated in two thousand twenty-seven. The\ncommissioner is authorized to allocate up to twenty-five million dollars\nof tax credits under program one, ten million dollars of tax credits\nunder program two, twenty million dollars of tax credits under program\nthree, fifty million dollars of tax credits under each of programs four\nand five, and forty million dollars of tax credits under programs six,\nseven, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen.\n (b) Definitions. (1) The term "qualified employer" means an employer\nthat has been certified by the commissioner to participate in the\nprogram established under this section and that employs one or more\nqualified employees.\n (2) The term "qualified employee" means an individual:\n (i) who is between the age of sixteen and twenty-four;\n (ii) who resides in a city with a population of fifty-five thousand or\nmore or a town with a population of four hundred eighty thousand or\nmore;\n (iii) who is low-income or at-risk, as those terms are defined by the\ncommissioner;\n (iv) who is unemployed prior to being hired by the qualified employer;\nand\n (v) who will be working for the qualified employer in a full-time or\npart-time position that pays wages that are equivalent to the wages paid\nfor similar jobs, with appropriate adjustments for experience and\ntraining, and for which no other employee has been terminated, or where\nthe employer has not otherwise reduced its workforce by involuntary\nterminations with the intention of filling the vacancy by creating a new\nhire.\n (3) For programs four and five, the tax credit under each program\nshall be allocated as follows: (i) thirty million dollars of tax credit\nfor qualified employees; and (ii) twenty million dollars of tax credit\nfor individuals who meet all of the requirements for a qualified\nemployee except for the residency requirement of subparagraph (ii) of\nparagraph two of this subdivision, which individuals shall be deemed to\nmeet the residency requirements of subparagraph (ii) of paragraph two of\nthis subdivision if they reside in New York state.\n (4) For programs six, seven, eight, nine, ten, eleven, twelve,\nthirteen, fourteen, and fifteen the tax credit under each program shall\nbe allocated as follows: (i) twenty million dollars of tax credit for\nqualified employees; and (ii) twenty million dollars of tax credit for\nindividuals who meet all of the requirements for a qualified employee\nexcept for the residency requirement of subparagraph (ii) of paragraph\ntwo of this subdivision, which individuals shall be deemed to meet the\nresidency requirements of subparagraph (ii) of paragraph two of this\nsubdivision if they reside in New York state.\n (c) A qualified employer shall be entitled to a tax credit equal to\n(1) seven hundred fifty dollars per month for up to six months for each\nqualified employee the employer employs in a full-time job or three\nhundred seventy-five dollars per month for up to six months for each\nqualified employee the employer employs in a part-time job of at least\ntwenty hours per week or ten hours per week when the qualified employee\nis enrolled in high school full-time, (2) fifteen hundred dollars for\neach qualified employee who is employed for at least an additional six\nconsecutive months by the qualified employer in a full-time job or seven\nhundred fifty dollars for each qualified employee who is employed for at\nleast an additional six consecutive months by the qualified employer in\na part-time job of at least twenty hours per week or ten hours per week\nwhen the qualified employee is enrolled in high school full-time, and\n(3) an additional fifteen hundred dollars for each qualified employee\nwho is employed for at least an additional year after the completion of\nthe time periods and satisfaction of the conditions set forth in\nparagraphs one and two of this subdivision by the qualified employer in\na full-time job or seven hundred fifty dollars for each qualified\nemployee who is employed for at least an additional year after the\ncompletion of the time periods and satisfaction of the conditions set\nforth in paragraphs one and two of this subdivision by the qualified\nemployer in a part-time job of at least twenty hours per week or ten\nhours per week when the qualified employee is enrolled in high school\nfull time. The tax credits shall be claimed by the qualified employer as\nspecified in subdivision thirty-six of section two hundred ten-B and\nsubsection (tt) of section six hundred six of the tax law.\n (d) To participate in the program established under this section, an\nemployer must submit an application (in a form prescribed by the\ncommissioner) to the commissioner after January first, two thousand\ntwelve but no later than November thirtieth, two thousand twelve for\nprogram one, after January first, two thousand fourteen but no later\nthan November thirtieth, two thousand fourteen for program two, after\nJanuary first, two thousand fifteen but no later than November\nthirtieth, two thousand fifteen for program three, after January first,\ntwo thousand sixteen but no later than November thirtieth, two thousand\nsixteen for program four, after January first, two thousand seventeen\nbut no later than November thirtieth, two thousand seventeen for program\nfive, after January first, two thousand eighteen but no later than\nNovember thirtieth, two thousand eighteen for program six, after January\nfirst, two thousand nineteen but no later than November thirtieth, two\nthousand nineteen for program seven, after January first, two thousand\ntwenty but no later than November thirtieth, two thousand twenty for\nprogram eight, after January first, two thousand twenty-one but no later\nthan November thirtieth, two thousand twenty-one for program nine, after\nJanuary first, two thousand twenty-two but no later than November\nthirtieth, two thousand twenty-two for program ten, after January first,\ntwo thousand twenty-three but no later than November thirtieth, two\nthousand twenty-three for program eleven, after January first, two\nthousand twenty-four but no later than November thirtieth, two thousand\ntwenty-four for program twelve, after January first, two thousand\ntwenty-five but no later than November thirtieth, two thousand\ntwenty-five for program thirteen, after January first, two thousand\ntwenty-six but no later than November thirtieth, two thousand twenty-six\nfor program fourteen, and after January first, two thousand twenty-seven\nbut no later than November thirtieth, two thousand twenty-seven for\nprogram fifteen. The qualified employees must start their employment on\nor after January first, two thousand twelve but no later than December\nthirty-first, two thousand twelve for program one, on or after January\nfirst, two thousand fourteen but no later than December thirty-first,\ntwo thousand fourteen for program two, on or after January first, two\nthousand fifteen but no later than December thirty-first, two thousand\nfifteen for program three, on or after January first, two thousand\nsixteen but no later than December thirty-first, two thousand sixteen\nfor program four, on or after January first, two thousand seventeen but\nno later than December thirty-first, two thousand seventeen for program\nfive, on or after January first, two thousand eighteen but no later than\nDecember thirty-first, two thousand eighteen for program six, on or\nafter January first, two thousand nineteen but no later than December\nthirty-first, two thousand nineteen for program seven, on or after\nJanuary first, two thousand twenty but no later than December\nthirty-first, two thousand twenty for program eight, on or after January\nfirst, two thousand twenty-one but no later than December thirty-first,\ntwo thousand twenty-one for program nine, on or after January first, two\nthousand twenty-two but no later than December thirty-first, two\nthousand twenty-two for program ten, on or after January first, two\nthousand twenty-three but no later than December thirty-first, two\nthousand twenty-three for program eleven, on or after January first, two\nthousand twenty-four but no later than December thirty-first, two\nthousand twenty-four for program twelve, on or after January first, two\nthousand twenty-five but no later than December thirty-first, two\nthousand twenty-five for program thirteen, on or after January first,\ntwo thousand twenty-six but no later than December thirty-first, two\nthousand twenty-six for program fourteen, and on or after January first,\ntwo thousand twenty-seven but no later than December thirty-first, two\nthousand twenty-seven for program fifteen. As part of such application,\nan employer must:\n (1) agree to allow the department of taxation and finance to share its\ntax information with the commissioner. However, any information shared\nas a result of this agreement shall not be available for disclosure or\ninspection under the state freedom of information law, and\n (2) allow the commissioner and its agents and the department of\ntaxation and finance and its agents access to any and all books and\nrecords of employers the commissioner may require to monitor compliance.\n (e) If, after reviewing the application submitted by an employer, the\ncommissioner determines that such employer is eligible to participate in\nthe program established under this section, the commissioner shall issue\nthe employer a preliminary certificate of eligibility that establishes\nthe employer as a qualified employer. The preliminary certificate of\neligibility shall specify the maximum amount of tax credit that the\nemployer may be allowed to claim and the program year under which it may\nbe claimed. The maximum amount of tax credit the employer is allowed to\nclaim shall be computed as prescribed in subdivision (c) of this\nsection.\n (e-1)(1) To receive an annual final certificate of tax credit, the\nqualified employer must annually submit, on or before January\nthirty-first of the calendar year subsequent to the payment of wages\npaid to an eligible employee, a report to the commissioner, in a form\nprescribed by the commissioner. The report must demonstrate that the\nemployer has satisfied all eligibility requirements and provided all the\ninformation necessary for the commissioner to compute an actual amount\nof credit allowed.\n (2) After reviewing the report and finding it sufficient, the\ncommissioner shall issue an annual final certificate of tax credit. Such\ncertificate shall include, in addition to any other information the\ncommissioner determines is necessary, the following information:\n (i) The name and employer identification number of the qualified\nemployer;\n (ii) The program year for the corresponding credit award;\n (iii) The actual amount of credit to which the qualified employer is\nentitled for that calendar year or the fiscal year in which the annual\nfinal certificate is issued, which actual amount cannot exceed the\namount of credit listed on the preliminary certificate but may be less\nthan such amount; and\n (iv) A unique certificate number identifying the annual final\ncertificate of tax credit.\n (e-2) In determining the amount of credit for purposes of the annual\nfinal certificate of tax credit, the portion of the credit described in\nparagraph one of subdivision (c) of this section shall be allowed for\nthe calendar year in which the wages are paid to the qualified employee,\nthe portion of the credit described in paragraph two of subdivision (c)\nof this section shall be allowed for the calendar year in which the\nadditional six consecutive month period ends, and the portion of the\ncredit described in paragraph three of subdivision (c) of this section\nshall be allowed for the calendar year in which the additional year of\nconsecutive employment ends after the completion of the time periods and\nsatisfaction of the conditions set forth in paragraphs one and two of\nsubdivision (c) of this section. If the qualified employer's taxable\nyear is a calendar year, the employer shall be entitled to claim the\ncredit as calculated on the annual final certificate of tax credit on\nthe calendar year return for which the annual final certificate of tax\ncredit was issued. If the qualified employer's taxable year is a fiscal\nyear, the employer shall be entitled to claim the credit as calculated\non the annual final certificate of tax credit on the return for the\nfiscal year that encompasses the date on which the annual final\ncertificate of tax credit is issued.\n (e-3) The commissioner shall establish guidelines and criteria that\nspecify requirements for employers to participate in the program\nincluding criteria for certifying qualified employees, and issuing the\npreliminary certificate of eligibility and annual final certificate of\ntax credit. Such requirements may include the types of industries that\nthe employers are engaged in. The commissioner may give preference to\nemployers that are engaged in demand occupations or industries, or in\nregional growth sectors, including but not limited to those identified\nby the regional economic development councils, such as clean energy,\nhealthcare, advanced manufacturing and conservation. In addition, the\ncommissioner shall give preference to employers who offer advancement\nand employee benefit packages to the qualified individuals.\n (f) The commissioner shall annually publish a report. Such report must\ncontain the names and addresses of any employer issued a preliminary\ncertificate of eligibility under this section, the amount of New York\nyouth works tax credit allowed to the qualified employer as specified on\nan annual final certificate of tax credit and any other information as\ndetermined by the commissioner.\n