S T A T E O F N E W Y O R K ________________________________________________________________________ 4351 2015-2016 Regular Sessions I N A S S E M B L Y January 30, 2015 ___________ Introduced by M. of A. TEDISCO -- read once and referred to the Commit- tee on Ways and Means AN ACT to amend the tax law, in relation to establishing a tax credit for low income individuals subject to the federal self-employment tax THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature recognizes the need to 2 alleviate the tax burden of low income individual taxpayers whose income 3 is largely derived from self-employment and therefore affected by feder- 4 al self-employment taxes to a degree disproportionate with such taxpay- 5 ers' level of disposable income. This circumstance hinders many newly 6 started businesses in the state. Therefore, this act provides a state- 7 level credit to provide relief to these taxpayers. 8 S 2. Section 606 of the tax law is amended by adding a new subsection 9 (ccc) to read as follows: 10 (CCC) SELF-EMPLOYED TAXPAYER CREDIT. (1) GENERAL. A QUALIFIED 11 SELF-EMPLOYED TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED 12 BY THIS ARTICLE EQUAL TO TWENTY-FIVE PERCENT OF HIS OR HER FEDERAL 13 SELF-EMPLOYMENT TAX LIABILITY FOR THE YEAR, BUT NOT EXCEEDING A MAXIMUM 14 AMOUNT OF FIVE HUNDRED DOLLARS, AND SUBJECT TO PHASE-OUT AS PROVIDED 15 UNDER PARAGRAPH THREE OF THIS SUBSECTION. 16 (2) DEFINITION OF "QUALIFIED SELF-EMPLOYED TAXPAYER". A QUALIFIED 17 SELF-EMPLOYED TAXPAYER IS AN INDIVIDUAL TAXPAYER, WHOSE FEDERAL GROSS 18 INCOME FOR THE TAX YEAR IS BELOW FORTY THOUSAND DOLLARS, AND WHOSE BUSI- 19 NESS INCOME IN THE YEAR IS AN AMOUNT OF AT LEAST SEVENTY PERCENT OF HIS 20 OR HER FEDERAL GROSS INCOME. BUSINESS ENTITIES SHALL NOT BE QUALIFIED. 21 (3) MAXIMUM CREDIT PHASE-OUT. THE MAXIMUM ALLOWED CREDIT OF FIVE 22 HUNDRED DOLLARS SHALL BE REDUCED DOLLAR FOR DOLLAR FOR EACH DOLLAR 23 BEYOND THIRTY-NINE THOUSAND FIVE HUNDRED DOLLARS OF FEDERAL GROSS 24 INCOME, SUCH THAT THE CREDIT IS COMPLETELY PHASED OUT UPON REACHING 25 FORTY THOUSAND DOLLARS OF FEDERAL GROSS INCOME. 26 S 3. This act shall take effect immediately and shall apply to taxable 27 years beginning on or after January 1, 2016. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02636-01-5