NY Lab L § 25-A (2021)
2021 New York Laws LAB - Labor Article 2 - The Department of Labor 25-A - Power to Administer the New York Youth Jobs Program Tax Credit.

§  25-a.  Power  to  administer  the  New  York youth jobs program tax credit.  (a) The commissioner is authorized to  establish  and  administer  the program  established  under  this  section  to provide tax incentives to employers for  employing  at  risk  youth  in  part-time  and  full-time positions.  There  will be ten distinct pools of tax incentives. Program one will cover tax incentives allocated for two thousand twelve and  two thousand  thirteen.  Program  two will cover tax incentives allocated in two thousand fourteen. Program three will cover tax incentives allocated in  two  thousand  fifteen.  Program  four  will  cover  tax  incentives allocated   in  two  thousand  sixteen.  Program  five  will  cover  tax incentives allocated in two thousand seventeen. Program six  will  cover tax  incentives  allocated  in two thousand eighteen. Program seven will cover tax incentives allocated in two thousand nineteen.  Program  eight will cover tax incentives allocated in two thousand twenty. Program nine will  cover tax incentives allocated in two thousand twenty-one. Program ten will cover tax incentives allocated in two thousand twenty-two.  The commissioner is authorized to allocate up to twenty-five million dollars of  tax  credits  under  program one, ten million dollars of tax credits under program two, twenty million dollars of tax credits  under  program three,  fifty million dollars of tax credits under each of programs four and five, and forty million dollars of tax credits under  programs  six, seven, eight, nine and ten.  (b)  Definitions.  (1) The term "qualified employer" means an employer that has been certified  by  the  commissioner  to  participate  in  the program  established  under  this  section  and that employs one or more qualified employees.  (2) The term "qualified employee" means an individual:  (i) who is between the age of sixteen and twenty-four;  (ii) who resides in a city with a population of fifty-five thousand or more or a town with a population of  four  hundred  eighty  thousand  or more;  (iii)  who is low-income or at-risk, as those terms are defined by the commissioner;  (iv) who is unemployed prior to being hired by the qualified employer; and  (v) who will be working for the qualified employer in a  full-time  or part-time position that pays wages that are equivalent to the wages paid for  similar  jobs,  with  appropriate  adjustments  for  experience and training, and for which no other employee has been terminated, or  where the  employer  has  not  otherwise  reduced its workforce by involuntary terminations with the intention of filling the vacancy by creating a new hire.  (3) For programs four and five, the  tax  credit  under  each  program shall  be allocated as follows: (i) thirty million dollars of tax credit for qualified employees; and (ii) twenty million dollars of  tax  credit for  individuals  who  meet  all  of  the  requirements  for a qualified employee except for the residency requirement of  subparagraph  (ii)  of paragraph  two of this subdivision, which individuals shall be deemed to meet the residency requirements of subparagraph (ii) of paragraph two of this subdivision if they reside in New York state.  (4) For programs six, seven, eight, nine and ten, the tax credit under each program shall be allocated as follows: (i) twenty  million  dollars of  tax  credit for qualified employees; and (ii) twenty million dollars of tax credit for individuals who meet all of  the  requirements  for  a qualified  employee except for the residency requirement of subparagraph (ii) of paragraph two of this subdivision, which  individuals  shall  be  deemed  to  meet  the  residency  requirements  of  subparagraph (ii) of paragraph two of this subdivision if they reside in New York state.  (c)  A  qualified  employer shall be entitled to a tax credit equal to (1) seven hundred fifty dollars per month for up to six months for  each qualified  employee  the  employer  employs  in a full-time job or three hundred seventy-five dollars per month for up to  six  months  for  each qualified  employee  the employer employs in a part-time job of at least twenty hours per week or ten hours per week when the qualified  employee is  enrolled  in  high school full-time, (2) fifteen hundred dollars for each qualified employee who is employed for at least an  additional  six consecutive months by the qualified employer in a full-time job or seven hundred fifty dollars for each qualified employee who is employed for at least  an additional six consecutive months by the qualified employer in a part-time job of at least twenty hours per week or ten hours per  week when  the  qualified  employee is enrolled in high school full-time, and (3) an additional fifteen hundred dollars for  each  qualified  employee who  is employed for at least an additional year after the completion of the time periods  and  satisfaction  of  the  conditions  set  forth  in paragraphs  one and two of this subdivision by the qualified employer in a full-time job or  seven  hundred  fifty  dollars  for  each  qualified employee  who  is  employed  for  at  least an additional year after the completion of the time periods and satisfaction of  the  conditions  set forth  in  paragraphs  one  and two of this subdivision by the qualified employer in a part-time job of at least twenty hours  per  week  or  ten hours  per  week  when the qualified employee is enrolled in high school full time. The tax credits shall be claimed by the qualified employer as specified in subdivision thirty-six of section  two  hundred  ten-B  and subsection (tt) of section six hundred six of the tax law.  (d)  To  participate in the program established under this section, an employer must submit  an  application  (in  a  form  prescribed  by  the commissioner)  to  the  commissioner  after  January first, two thousand twelve but no later than November thirtieth,  two  thousand  twelve  for program  one,  after  January  first, two thousand fourteen but no later than November thirtieth, two thousand fourteen for  program  two,  after January   first,  two  thousand  fifteen  but  no  later  than  November thirtieth, two thousand fifteen for program three, after January  first, two  thousand sixteen but no later than November thirtieth, two thousand sixteen for program four, after January first,  two  thousand  seventeen but no later than November thirtieth, two thousand seventeen for program five,  after  January  first,  two  thousand  eighteen but no later than November thirtieth, two thousand eighteen for program six, after January first, two thousand nineteen but no later than November  thirtieth,  two thousand  nineteen  for program seven, after January first, two thousand twenty but no later than November thirtieth,  two  thousand  twenty  for program eight, after January first, two thousand twenty-one but no later than  November  thirtieth, two thousand twenty-one for program nine, and after January first, two thousand twenty-two but no later than  November thirtieth,  two  thousand  twenty-two  for  program  ten.  The qualified employees must start their employment on or  after  January  first,  two thousand  twelve  but  no later than December thirty-first, two thousand twelve for program one, on or after January first, two thousand fourteen but no later than  December  thirty-first,  two  thousand  fourteen  for program  two,  on  or  after  January first, two thousand fifteen but no later than December  thirty-first,  two  thousand  fifteen  for  program three, on or after January first, two thousand sixteen but no later than December  thirty-first,  two  thousand  sixteen  for program four, on or after January first, two thousand seventeen but no later  than  December thirty-first,  two  thousand  seventeen  for  program  five, on or after  January  first,  two  thousand  eighteen  but  no  later  than  December thirty-first, two thousand eighteen for program six, on or after January first,  two  thousand  nineteen but no later than December thirty-first, two  thousand nineteen for program seven, on or after January first, two thousand twenty but no later than December  thirty-first,  two  thousand twenty  for  program  eight,  on  or  after  January first, two thousand twenty-one  but  no  later  than  December  thirty-first,  two  thousand twenty-one for program nine, and on or after January first, two thousand twenty-two  but  no  later  than  December  thirty-first,  two  thousand twenty-two for program ten. As part of  such  application,  an  employer must:  (1) agree to allow the department of taxation and finance to share its tax  information  with the commissioner. However, any information shared as a result of this agreement shall not be available for  disclosure  or inspection under the state freedom of information law, and  (2)  allow  the  commissioner  and  its  agents  and the department of taxation and finance and its agents access to  any  and  all  books  and records of employers the commissioner may require to monitor compliance.  (e)  If, after reviewing the application submitted by an employer, the commissioner determines that such employer is eligible to participate in the program established under this section, the commissioner shall issue the employer a preliminary certificate of eligibility  that  establishes the  employer  as  a  qualified employer. The preliminary certificate of eligibility shall specify the maximum amount  of  tax  credit  that  the employer may be allowed to claim and the program year under which it may be  claimed. The maximum amount of tax credit the employer is allowed to claim shall be  computed  as  prescribed  in  subdivision  (c)  of  this section.  (e-1)(1)  To  receive  an  annual final certificate of tax credit, the qualified  employer  must  annually  submit,  on   or   before   January thirty-first  of  the  calendar  year subsequent to the payment of wages paid to an eligible employee, a report to the commissioner,  in  a  form prescribed  by  the  commissioner.  The report must demonstrate that the employer has satisfied all eligibility requirements and provided all the information necessary for the commissioner to compute an  actual  amount of credit allowed.  (2)  After  reviewing  the  report  and  finding  it  sufficient,  the commissioner shall issue an annual final certificate of tax credit. Such certificate shall include, in addition  to  any  other  information  the commissioner determines is necessary, the following information:  (i)  The  name  and  employer  identification  number of the qualified employer;  (ii) The program year for the corresponding credit award;  (iii) The actual amount of credit to which the qualified  employer  is entitled  for  that calendar year or the fiscal year in which the annual final certificate is issued,  which  actual  amount  cannot  exceed  the amount  of  credit listed on the preliminary certificate but may be less than such amount; and  (iv)  A  unique  certificate  number  identifying  the  annual   final certificate of tax credit.  (e-2)  In  determining the amount of credit for purposes of the annual final certificate of tax credit, the portion of the credit described  in paragraph  one  of  subdivision (c) of this section shall be allowed for the calendar year in which the wages are paid to the qualified employee, the portion of the credit described in paragraph two of subdivision  (c) of  this  section  shall  be  allowed for the calendar year in which the additional six consecutive month period ends, and  the  portion  of  the credit  described  in paragraph three of subdivision (c) of this section  shall be allowed for the calendar year in which the additional  year  of consecutive employment ends after the completion of the time periods and satisfaction  of  the  conditions set forth in paragraphs one and two of subdivision  (c)  of  this  section. If the qualified employer's taxable year is a calendar year, the employer shall be  entitled  to  claim  the credit  as  calculated  on the annual final certificate of tax credit on the calendar year return for which the annual final certificate  of  tax credit  was issued. If the qualified employer's taxable year is a fiscal year, the employer shall be entitled to claim the credit  as  calculated on  the  annual  final  certificate  of tax credit on the return for the fiscal year  that  encompasses  the  date  on  which  the  annual  final certificate of tax credit is issued.  (e-3)  The  commissioner  shall establish guidelines and criteria that specify  requirements  for  employers  to  participate  in  the  program including  criteria  for certifying qualified employees, and issuing the preliminary certificate of eligibility and annual final  certificate  of tax  credit.  Such requirements may include the types of industries that the employers are engaged in. The commissioner may  give  preference  to employers  that  are  engaged in demand occupations or industries, or in regional growth sectors, including but not limited to  those  identified by  the  regional  economic  development councils, such as clean energy, healthcare, advanced manufacturing and conservation.  In  addition,  the commissioner  shall  give  preference to employers who offer advancement and employee benefit packages to the qualified individuals.  (f) The commissioner shall annually publish a report. Such report must contain the names and addresses of any  employer  issued  a  preliminary certificate  of  eligibility  under this section, the amount of New York youth works tax credit allowed to the qualified employer as specified on an annual final certificate of tax credit and any other  information  as determined by the commissioner.