§ 42-A — Farm employer overtime credit

§ 42-a. Farm employer overtime credit. (a) Notwithstanding subdivision\n(f) of section forty-two of this article, a taxpayer that is an eligible\nfarm employer or an owner of an eligible farm employer shall be eligible\nfor a credit against the tax imposed under article nine-A or twenty-two\nof this chapter, pursuant to the provisions referenced in subdivision\n(h) of this section.\n (b) For purposes of this section, the term "eligible farm employer"\nmeans a taxpayer who received an overtime expense certificate pursuant\nto section three hundred thirty-five of the agriculture and markets law\nand whose federal gross income from farming as defined in subsection (n)\nof section six hundred six of this chapter for the taxable year is at\nleast two-thirds of excess federal gross income. Excess federal gross\nincome means the amount of federal gross income from all sources for the\ntaxable year in excess of thirty thousand dollars. For purposes of this\nsection, payments from the state's farmland protection program,\nadministered by the department of agriculture and markets, shall be\nincluded as federal gross income from farming for otherwise eligible\nfarmers.\n (c) Special rules. If more than fifty percent of such eligible farm\nemployer's federal gross income from farming is from the sale of wine\nfrom a licensed farm winery as provided for in article six of the\nalcoholic beverage control law, or from the sale of cider from a\nlicensed farm cidery as provided for in section fifty-eight-c of the\nalcoholic beverage control law, then an eligible farm employee of such\neligible farmer shall be included for purposes of calculating the amount\nof credit allowed under this section only if such eligible farm employee\nis employed by such eligible farmer on qualified agricultural property\nas defined in paragraph four of subsection (n) of section six hundred\nsix of this chapter.\n (d) The amount of the credit allowed under this section shall be equal\nto one hundred eighteen percent of the aggregate amount of overtime\nexpense paid by the qualified farm employer as certified by the\ndepartment of agriculture and markets pursuant to section three hundred\nthirty-five of the agriculture and markets law.\n (e) A taxpayer who received a preliminary overtime expense certificate\npursuant to section three hundred thirty-five of the agriculture and\nmarkets law shall have the option to request an advance payment of the\nportion of the amount of tax credit they are allowed under this section\nequal to one hundred eighteen percent of aggregate amount of overtime\nexpense that the farm employer paid from January first through July\nthirty-first, as certified by the department of agriculture and markets\npursuant to section three hundred thirty-five of the agriculture and\nmarkets law. A taxpayer must submit an advanced payment request to the\ndepartment in the manner prescribed by the commissioner after it has\nbeen issued a preliminary overtime expense certificate by the department\nof agriculture and markets pursuant to article twenty-five-C of the\nagriculture and markets law (or such certificate has been issued to a\npartnership, limited liability company or subchapter S corporation in\nwhich it is a partner, member or shareholder, respectively, that is a\nfarm employer), but such request must be submitted no later than\nNovember first of the taxable year for which the credit is being\nclaimed. For those taxpayers who have requested an advance payment and\nfor whom the commissioner has determined to be eligible for this credit,\nthe commissioner shall advance a payment of the portion of the amount of\ntax credit allowed to the taxpayer. The taxpayer will claim on the\ntaxpayers' return for the taxable year the portion of the amount of tax\ncredit allowed for eligible overtime paid by the farm employer from\nAugust first through December thirty-first. The taxpayer must properly\nreconcile the advance payment of tax credit allowed under this\nsubdivision on the taxpayer's return.\n (f) If a taxpayer that has received an advance payment is not an\neligible farm employer or an owner of an eligible farm employer for the\ntaxable year for which it received an advance payment, the taxpayer\nshall be required to add back as tax the amount of advance payment the\ntaxpayer received during the taxable year.\n (g) Notwithstanding any provision of this chapter, employees of the\ndepartment of agriculture and markets and the department shall be\nallowed to share and exchange:\n (i) information derived from tax returns or reports that is relevant\nto a taxpayer's eligibility for the credit allowed by this section;\n (ii) information regarding the credit applied for, allowed or claimed\npursuant to this section and regarding taxpayers that are applying for\nthe credit or that are claiming the credit; and\n (iii) information collected by the department of agriculture and\nmarkets and exchanged between the department of agriculture and markets\nand the department pursuant to this section shall not be subject to\ndisclosure or inspection under the state's freedom of information law.\n (h) Cross references: For application of the credit provided in this\nsection, see the following provisions of this chapter:\n (1) Article 9-A: Section 210-B, subdivision 58.\n (2) Article 22: Section 606, subsection (nnn).\n