2023 New York Laws › TAX - Tax › Article 1 - Short Title; Definitions; Miscellaneous › 26 - Security Training Tax Credit.

§  26.  Security  training  tax  credit.
(a) Allowance of credit. A
taxpayer, which is subject to tax under article nine, nine-A, twenty-two
or thirty-three of this chapter and which is a qualified building owner,
shall be allowed a credit against such tax. The  amount  of  the  credit
allowed  under  this  section  shall  equal  the  sum  of  the number of
qualified security  officers  providing  protection  to  a  building  or
buildings  owned  by  the taxpayer multiplied by three thousand dollars.
Provided, however, that in the case of a worker not so  employed  for  a
full  year,  such amount shall be prorated to reflect the length of such
employment under regulations of the commissioner.
(b) Definitions. As used in this section, the  following  terms  shall
have the following meanings:
(1)  "Qualified  building owner" means a building owner whose building
entrances, exits and common areas are protected by  security  personnel,
licensed  under  article seven-A of the general business law, whether or
not such security personnel are employed directly by the building  owner
or indirectly through a contractor.
(2)   "Qualified  security  training  program"  means  a  program  for
residential and commercial building security officers which is  designed
to:   improve  observation,  detection  and  reporting  skills,  improve
coordination with local police, fire and emergency services; provide and
improve skills and working knowledge  of  advanced  security  technology
including surveillance systems and access control procedures; require at
least  forty hours of training including three hours of training devoted
to terrorism awareness; and has been certified as  a  qualified  program
and  approved  by  the  state  office  of  homeland security pursuant to
section seven hundred nine of the executive law.
(3) "Security officers"  means  security  officers,  registered  under
article  seven-A of the general business law, responsible for the safety
and security of tenants and occupants of commercial buildings over  five
hundred  thousand  square  feet  whether employed directly by a building
owner or indirectly through a contractor.
(4) "Qualified security officers" are security officers who:  (i)  are
employed  in  positions  which  are  under  a  legally  binding  written
agreement, including  a  service  contract  between  qualified  building
owners and security contractors, enforceable by employees, that provides
for  a minimum hourly wage rate of at least nine dollars fifty cents for
the calendar year two thousand five; nine dollars eighty-five cents  for
the  calendar  year  two thousand six; and ten dollars eighty-five cents
for the calendar year two thousand seven and thereafter; and  (ii)  have
completed  a  qualified  security  training program as set forth in this
section.
(c) Scope of credit. The credit provided for  in  subdivision  (a)  of
this  section  shall  be  allowed  for  any  taxable year in which costs
relating to security personnel are paid or incurred.
(d) Credit certification. Upon application by a  taxpayer,  the  state
office  of  homeland security may issue a credit certification where the
taxpayers meet the  standards  established  in  paragraph  two  of  this
subdivision   and   have   demonstrated  that  they  have  provided  the
appropriate training, or, within the year, will provide the  appropriate
training to all employees for whom they will claim the credit.
(e)  The  director  of the office of homeland security in consultation
with the commissioner of taxation and finance,  shall  promulgate  rules
and regulations necessary to implement this program.
(f)  Cross-references.  For  application of the credit provided for in
this section, see the following provisions of this chapter:
(1) article 9: section 187-n.
(2) article 9-A: section 210-B: subdivision 21.
(3) article 22: section 606: subsection (ii).
(4) article 33: section 1511: subdivision (x).