N.Y. Tax Law § 42-a: Farm employer overtime credit

§ 42-a. Farm employer overtime credit. (a) Notwithstanding subdivision

(f) of section forty-two of this article, a taxpayer that is an eligible

farm employer or an owner of an eligible farm employer shall be eligible

for a credit against the tax imposed under article nine-A or twenty-two

of this chapter, pursuant to the provisions referenced in subdivision

(h) of this section.

(b) For purposes of this section, the term "eligible farm employer"

means a taxpayer who received an overtime expense certificate pursuant

to section three hundred thirty-five of the agriculture and markets law

and who is an eligible farmer, as defined in subsection (n) of section

six hundred six of this chapter for the taxable year.

(c) Special rules. If more than fifty percent of such eligible farm

employer's federal gross income from farming is from the sale of wine

from a licensed farm winery as provided for in article six of the

alcoholic beverage control law, or from the sale of cider from a

licensed farm cidery as provided for in section fifty-eight-c of the

alcoholic beverage control law, then an eligible farm employee of such

eligible farmer shall be included for purposes of calculating the amount

of credit allowed under this section only if such eligible farm employee

is employed by such eligible farmer on qualified agricultural property

as defined in paragraph four of subsection (n) of section six hundred

six of this chapter.

(d) The amount of the credit allowed under this section shall be equal

to one hundred eighteen percent of the aggregate amount of overtime

expense paid by the qualified farm employer as certified by the

department of agriculture and markets pursuant to section three hundred

thirty-five of the agriculture and markets law.

(e) A taxpayer who received a preliminary overtime expense certificate

pursuant to section three hundred thirty-five of the agriculture and

markets law shall have the option to request an advance payment of the

portion of the amount of tax credit they are allowed under this section

equal to one hundred eighteen percent of aggregate amount of overtime

expense that the farm employer paid from January first through July

thirty-first, as certified by the department of agriculture and markets

pursuant to section three hundred thirty-five of the agriculture and

markets law. A taxpayer must submit an advanced payment request to the

department in the manner prescribed by the commissioner after it has

been issued a preliminary overtime expense certificate by the department

of agriculture and markets pursuant to article twenty-five-C of the

agriculture and markets law (or such certificate has been issued to a

partnership, limited liability company or subchapter S corporation in

which it is a partner, member or shareholder, respectively, that is a

farm employer), but such request must be submitted no later than

November first of the taxable year for which the credit is being

claimed. For those taxpayers who have requested an advance payment and

for whom the commissioner has determined to be eligible for this credit,

the commissioner shall advance a payment of the portion of the amount of

tax credit allowed to the taxpayer. The taxpayer will claim on the

taxpayers' return for the taxable year the portion of the amount of tax

credit allowed for eligible overtime paid by the farm employer from

August first through December thirty-first. The taxpayer must properly

reconcile the advance payment of tax credit allowed under this

subdivision on the taxpayer's return.

(f) If a taxpayer that has received an advance payment is not an

eligible farm employer or an owner of an eligible farm employer for the

taxable year for which it received an advance payment, the taxpayer

shall be required to add back as tax the amount of advance payment the

taxpayer received during the taxable year.

(g) Notwithstanding any provision of this chapter, employees of the

department of agriculture and markets and the department shall be

allowed to share and exchange:

(i) information derived from tax returns or reports that is relevant

to a taxpayer's eligibility for the credit allowed by this section;

(ii) information regarding the credit applied for, allowed or claimed

pursuant to this section and regarding taxpayers that are applying for

the credit or that are claiming the credit; and

(iii) information collected by the department of agriculture and

markets and exchanged between the department of agriculture and markets

and the department pursuant to this section shall not be subject to

disclosure or inspection under the state's freedom of information law.

(h) Cross references: For application of the credit provided in this

section, see the following provisions of this chapter:

(1) Article 9-A: Section 210-B, subdivision 58.

(2) Article 22: Section 606, subsection (nnn).