2023 New York Laws
TAX - Tax
Article 1 - Short Title; Definitions; Miscellaneous
34*2 - Temporary Deferral Payout Credits.

Universal Citation:
NY Tax L § 34-2 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
* §  34.    Temporary  deferral  payout  credits.  1.  The  amounts of
nonrefundable credits that are deferred pursuant to section thirty-three
of this article in taxable years beginning on or  after  January  first,
two  thousand  ten and before January first, two thousand thirteen shall
be  accumulated  and  constitute  the  taxpayer's   temporary   deferral
nonrefundable payout credit. The taxpayer may first claim this credit in
the  taxable  year  beginning  on  or  after January first, two thousand
thirteen and before January first, two thousand fourteen.  The  taxpayer
shall  be allowed to claim this credit until the accumulated amounts are
exhausted. The credit shall be allowed against  the  taxpayer's  tax  as
provided  in  the  provisions referenced in paragraph (a) of subdivision
three of this section.

2. The amounts of refundable credits that are deferred pursuant to section thirty-three of this article in taxable years beginning on or after January first, two thousand ten and before January first, two thousand thirteen shall be accumulated and constitute the taxpayer's temporary deferral refundable payout credit. In the taxable year beginning on or after January first, two thousand thirteen and before January first, two thousand fourteen, the taxpayer shall be allowed to claim a credit equal to fifty percent of the amount accumulated. In the taxable year beginning on or after January first, two thousand fourteen and before January first, two thousand fifteen, the taxpayer shall be allowed to claim a credit equal to seventy-five percent of the balance of the amount accumulated. In the taxable year beginning on or after January first, two thousand fifteen and before January first, two thousand sixteen, the taxpayer shall be allowed to claim a credit equal to the remaining balance of the amount accumulated. The credit shall be allowed against the taxpayer's tax as provided in the provisions referenced in paragraph (b) of subdivision three of this section.

3. (a) For application of the temporary deferral nonrefundable payout credit, see the following provisions of this chapter:

(1) Article 9: section 187-o

(2) Article 9-A: section 210-B(33)

(3) Article 22: section 606(qq)

(4) Article 33: section 1511(y)

(b) For application of the temporary deferral refundable payout credit, see the following provisions of this chapter:

(1) Article 9: section 187-p

(2) Article 9-A: section 210-B(34)

(3) Article 22: section 606(rr)

(4) Article 33: section 1511(z)

* NB There are 2 § 34's

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