2013 New York Consolidated Laws
TAX - Tax
Article 1 - (1 - 40) SHORT TITLE; DEFINITIONS; MISCELLANEOUS
38*2 - Minimum wage reimbursement credit.

 
    * §  38.  Minimum wage reimbursement credit. (a) A taxpayer that is an
  eligible employer or an owner of an  eligible  employer  as  defined  in
  subdivision  (b)  of this section shall be eligible for a credit against
  the tax imposed under article nine, nine-A,  twenty-two,  thirty-two  or
  thirty-three  of  this article, pursuant to the provisions referenced in
  subdivision (e) of this section.
    (b) An eligible employer is a corporation  (including  a  New  York  S
  corporation),  a  sole  proprietorship, a limited liability company or a
  partnership. An eligible employee is an individual who is  (i)  employed
  by an eligible employer in New York state, (ii) paid at the minimum wage
  rate  as defined in article nineteen of the labor law during the taxable
  year by the eligible employer, (iii) between the  ages  of  sixteen  and
  nineteen  during  the  period in which he or she is paid at such minimum
  wage rate by the eligible employer, and (iv) a student during the period
  in which he or she is paid at such minimum wage rate by the taxpayer.
    (c) For taxable  years  beginning  on  or  after  January  first,  two
  thousand  fourteen  and  before January first, two thousand fifteen, the
  amount of the credit allowed under this section shall be  equal  to  the
  product  of  the total number of hours worked during the taxable year by
  eligible employees for which they were paid at the minimum wage rate  as
  defined in article nineteen of the labor law and seventy five cents. For
  taxable  years beginning on or after January first, two thousand fifteen
  and before January first, two thousand sixteen, the amount of the credit
  allowed under this section shall be equal to the product  of  the  total
  number of hours during the taxable year worked by eligible employees for
  which  they  were  paid  at  such  minimum  wage rate and one dollar and
  thirty-one cents. For taxable years beginning on or after January first,
  two thousand sixteen and before January first,  two  thousand  nineteen,
  the  amount  of  the credit allowed under this section shall be equal to
  the product of the total number of hours during the taxable year  worked
  by eligible employees for which they were paid at such minimum wage rate
  and  one dollar and thirty-five cents. Provided, however, if the federal
  minimum wage established by federal law pursuant to  29  U.S.C.  section
  206  or  its  successors  is  increased above eighty-five percent of the
  minimum wage in article nineteen of the labor law, the dollar amounts in
  this subdivision shall be reduced to the difference between the  minimum
  wage  in article nineteen of the labor law and the federal minimum wage.
  Such reduction would take effect on the date that employers are required
  to pay such federal minimum wage.
    (d) Employer prohibition. An employer shall not discharge an  employee
  and  hire  an eligible employee solely for the purpose of qualifying for
  this credit. An eligible employee who is used  as  the  basis  for  this
  credit  may  not  be used as the basis of any other credit allowed under
  this chapter.
    (e) Cross references: For application of the credit provided  in  this
  section, see the following provisions of this chapter:
    (1) Article 9: Section 187-s.
    (2) Article 9-A: Section 210, subdivision 46.
    (3) Article 22: Section 606, subsection (aaa).
    (4) Article 32: Section 1456, subsection (z).
    (5) Article 33: Section 1511, subdivision (cc).
    * NB There are 2 § 38's