New York 2025-2026 Regular Session

New York Assembly Bill A04454

Introduced
2/4/25  
Refer
2/4/25  

Caption

Establishes a first permanent payroll employee tax credit which allows a business to receive a tax credit for the three years following the employment of such business' first permanent payroll employee where such credit equals a portion of the amount it costs to employ such permanent payroll employee.

Summary

A04454 would create a new New York State tax credit for businesses that hire their first full-time, permanent employee. The credit would be available for three consecutive years after that first hire, and would equal 25 percent of the employee’s total cost in the first year, 20 percent in the second year, and 10 percent in the third year. The bill defines total cost to include base salary, New York State payroll taxes paid by the employer, and the value of employment benefits. The credit would apply to both the corporate franchise tax and the personal income tax, and taxpayers could carry unused credit forward for up to two additional years, but not below zero tax liability. The bill also sets a statewide cap of $15 million per year for the credit, to be allocated by the commissioner, and prevents taxpayers from using the same wage base to claim another tax credit under the Tax Law. It would take effect immediately and apply to taxable years beginning on or after January 1, 2025.

Impact

The bill would amend sections 210-B and 606 of the Tax Law to add a new first permanent payroll employee credit for eligible taxpayers. It would create a new refundable-style nonnegative credit structure for businesses’ first permanent full-time hire, establish definitions for employment cost and payroll taxes, and add cross-references so the credit can be claimed under both business and personal income tax provisions. The measure would also require administrative allocation of a statewide annual credit cap and would affect small businesses, startups, and other taxpayers making their first permanent hire.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the overall sentiment appears supportive of encouraging job creation and easing the cost of a first hire. The structure of the credit suggests a pro-business incentive aimed at helping very small employers or new businesses cross the threshold to hiring a permanent employee. No formal opposition, amendments, or recorded vote history is provided in the materials, so there is no documented public controversy in the available record.

Contention

The main policy questions raised by the bill are likely to concern fiscal cost, the $15 million annual cap, and whether the credit is targeted enough to justify the revenue loss. Another possible point of contention is the definition of eligible employment costs, which includes salary, state payroll taxes, and benefits, potentially making the credit more valuable than a wage-only subsidy. Because the bill is limited to a taxpayer’s first full-time, permanent employee and cannot be stacked with another credit on the same wage base, debate would likely focus on whether those restrictions are sufficient to prevent duplication and whether the incentive meaningfully helps small employers without creating windfalls.

Companion Bills

NY S01301

Same As Establishes a first permanent payroll employee tax credit which allows a business to receive a tax credit for the three years following the employment of such business' first permanent payroll employee where such credit equals a portion of the amount it costs to employ such permanent payroll employee.

Previously Filed As

NY S00432

Establishes a first permanent payroll employee tax credit which allows a business to receive a tax credit for the three years following the employment of such business' first permanent payroll employee where such credit equals a portion of the amount it costs to employ such permanent payroll employee.

NY A01755

Establishes a first permanent payroll employee tax credit which allows a business to receive a tax credit for the three years following the employment of such business' first permanent payroll employee where such credit equals a portion of the amount it costs to employ such permanent payroll employee.

NY S01301

Establishes a first permanent payroll employee tax credit which allows a business to receive a tax credit for the three years following the employment of such business' first permanent payroll employee where such credit equals a portion of the amount it costs to employ such permanent payroll employee.

NY SB921

Employment: employer contributions: employee withholdings: credit: agricultural employees.

NY SB628

Employment: employer contributions: employee withholdings: credit: agricultural employees.

NY S4277

Provides tax credits to certain employers of employees less than 18 years old.

NY SB00061

An Act Establishing A Voluntary Employer Payroll Tax And A Personal Income Tax Credit For Certain Employees.

NY HB1895

Establishing a business and occupation tax credit for small business employers providing educational assistance to employees.

NY A748

Allows corporation business tax and gross income tax credits to businesses employing qualified ex-offenders.

NY S227

Allows corporation business tax and gross income tax credits to businesses employing qualified ex-offenders.

Similar Bills

No similar bills found.