NY Tax L § 187-A (2021)
2021 New York Laws TAX - Tax Article 9 - Corporation Tax 187-A - Credit for Employment of Persons With Disabilities.

§  187-a.  Credit  for  employment  of persons with disabilities.   1. Allowance of credit. A  taxpayer  shall  be  allowed  a  credit,  to  be computed  as  hereinafter  provided,  against  the taxes imposed by this article,  other  than  the  taxes  imposed  by  sections   one   hundred eighty-six-a,  one  hundred  eighty-six-e and one hundred eighty-nine of this article, for employing  within  the  state  a  qualified  employee. Provided,  however, the amount of credit allowed by this section against the tax imposed by section one hundred eighty-four of this article shall be the excess of the credit computed under this section over the  amount of credit allowed by this section against the tax imposed by section one hundred eighty-three of this article.   2. Qualified employee. A qualified employee is an individual:  (a) who is certified by the education department, or in the case of an individual  who  is  blind  or visually handicapped, by the state agency responsible for provision of vocational rehabilitation services  to  the blind  and visually handicapped: (i) as a person with a disability which constitutes or results in a substantial handicap to employment and  (ii) as  having  completed  or  as receiving services under an individualized written rehabilitation plan approved  by  the  education  department  or other  state  agency responsible for providing vocational rehabilitation services to such individual; and  (b) who has worked on a  full-time  basis  for  the  employer  who  is claiming the credit for at least one hundred eighty days or four hundred hours.   3.  Amount  of  credit. Except as provided in subdivision four of this section, the amount of credit under this section  shall  be  thirty-five percent  of the first six thousand dollars in qualified first-year wages earned by each qualified employee. "Qualified  first-year  wages"  means wages  paid  or  incurred  by  the  taxpayer  during the taxable year to qualified employees which are attributable, with  respect  to  any  such employee, to services rendered during the one-year period beginning with the day the employee begins work for the taxpayer.   4.  Credit  where  federal  work opportunity tax credit applies.  With respect to any qualified employee whose qualified first-year wages under subdivision three of this section also constitute  qualified  first-year wages  for  purposes  of  the work opportunity tax credit for vocational rehabilitation referrals under section fifty-one of the internal revenue code, the amount of credit  under  this  section  shall  be  thirty-five percent of the first six thousand dollars in qualified second-year wages earned  by each such employee. "Qualified second-year wages" means wages paid or incurred by the taxpayer during the taxable  year  to  qualified employees  which are attributable, with respect to any such employee, to services rendered during the one-year period beginning  one  year  after the employee begins work for the taxpayer.   5.  Carryover.  In  no  event  shall  the credit under this section be allowed in an amount which will reduce the tax payable to less than  the applicable  minimum  tax  fixed  by  section one hundred eighty-three or former section one hundred eighty-six of this article. If, however,  the amount  of  credit  allowable  under  this  section for any taxable year reduces the tax to such amount, any amount of credit not  deductible  in such taxable year may be carried over to the following year or years and may be deducted from the taxpayer's tax for such year or years.   6.   Coordination  with  federal  work  opportunity  tax  credit.  The provisions of sections fifty-one and fifty-two of the  internal  revenue code,  as  such  sections  applied  on  October  first, nineteen hundred ninety-six, that apply to the work opportunity tax credit for vocational rehabilitation referrals shall apply to the credit under this section to the  extent  that  such  sections  are  consistent  with  the   specific  provisions of this section, provided that in the event of a conflict the provisions of this section shall control.