N.Y. Agriculture & Markets Law § 335: Tax credit; overtime expense certification

§ 335. Tax credit; overtime expense certification. 1. A qualified farm

employer who is issued an overtime expense certificate by the department

may be allowed a credit pursuant to section forty-two-a of the tax law

equal to one hundred eighteen percent of the aggregate amount of

overtime expenses certified by the department pursuant to this section.

A qualified farm employer who is issued a preliminary overtime expense

certificate may be eligible to receive an advance payment of such tax

credit pursuant to subdivision (e) of section forty-two-a of the tax

law.

2. Certificate application and approval process. A farm employer must

submit a complete application as prescribed by the commissioner by the

first of February after the end of the calendar year. As part of the

application, each farm employer shall provide evidence in the form and

manner prescribed by the commissioner sufficient to establish that it is

a qualified farm employer and to determine the overtime expense per

eligible farm employee paid by such qualified farm employer during the

preceding calendar year. If, after reviewing a farm employer's completed

application, the department determines that the farm employer is a

qualified farm employer, the department may issue to such qualified farm

employer an overtime expense certificate for each year that the

eligibility criteria are satisfied that specifies (a) the total number

of eligible farm employees who were paid eligible overtime by the

qualified farm employer; (b) the aggregate amount of overtime expense

paid by the qualified farm employer; and (c) the calendar year in which

such overtime expense was paid.

3. Preliminary overtime expense certificate. A farm employer who

intends to request an advance payment of the tax credit pursuant to

subdivision (e) of section forty-two-a of the tax law must submit a

complete application as prescribed by the commissioner by September

thirtieth of the calendar year. As part of the application, each farm

employer shall provide evidence in the form and manner prescribed by the

commissioner sufficient to establish that it is a qualified farm

employer and to determine the overtime expense per eligible farm

employee paid by such qualified farm employer from January first through

July thirty-first of such calendar year. If, after reviewing a farm

employer's completed application, the department determines that the

farm employer is a qualified farm employer, the department may issue to

such qualified farm employer a preliminary overtime expense certificate

that specifies (a) the total number of eligible farm employees who were

paid eligible overtime by the qualified farm employer from January first

through July thirty-first of such calendar year; and (b) the aggregate

amount of overtime expense paid by the qualified farm employer during

such period.