187-A - Credit for employment of persons with disabilities.

§  187-a.  Credit  for  employment  of  persons  with disabilities. 1.  Allowance of credit. A  taxpayer  shall  be  allowed  a  credit,  to  be  computed  as  hereinafter  provided,  against  the taxes imposed by this  article, other than the taxes imposed by sections  one  hundred  eighty,  one   hundred   eighty-one,   one   hundred  eighty-six-a,  one  hundred  eighty-six-e and one hundred eighty-nine of this article, for  employing  within  the state a qualified employee. Provided, however, the amount of  credit allowed by this section against the tax imposed  by  section  one  hundred  eighty-four  of  this article shall be the excess of the credit  computed under this section over the amount of credit  allowed  by  this  section  against  the tax imposed by section one hundred eighty-three of  this article.    2. Qualified employee. A qualified employee is an individual:    (a) who is certified by the education department, or in the case of an  individual who is blind or visually handicapped,  by  the  state  agency  responsible  for  provision of vocational rehabilitation services to the  blind and visually handicapped: (i) as a person with a disability  which  constitutes  or results in a substantial handicap to employment and (ii)  as having completed or as receiving  services  under  an  individualized  written  rehabilitation  plan  approved  by  the education department or  other state agency responsible for providing  vocational  rehabilitation  services to such individual; and    (b)  who  has  worked  on  a  full-time  basis for the employer who is  claiming the credit for at least one hundred eighty days or four hundred  hours.    3. Amount of credit. Except as provided in subdivision  four  of  this  section,  the  amount  of credit under this section shall be thirty-five  percent of the first six thousand dollars in qualified first-year  wages  earned  by  each  qualified employee. "Qualified first-year wages" means  wages paid or incurred by  the  taxpayer  during  the  taxable  year  to  qualified  employees  which  are  attributable, with respect to any such  employee, to services rendered during the one-year period beginning with  the day the employee begins work for the taxpayer.    4. Credit where federal work opportunity tax  credit  applies.    With  respect to any qualified employee whose qualified first-year wages under  subdivision  three  of this section also constitute qualified first-year  wages for purposes of the work opportunity  tax  credit  for  vocational  rehabilitation referrals under section fifty-one of the internal revenue  code,  the  amount  of  credit  under  this section shall be thirty-five  percent of the first six thousand dollars in qualified second-year wages  earned by each such employee. "Qualified second-year wages" means  wages  paid  or  incurred  by the taxpayer during the taxable year to qualified  employees which are attributable, with respect to any such employee,  to  services  rendered  during  the one-year period beginning one year after  the employee begins work for the taxpayer.    5. Carryover. In no event shall  the  credit  under  this  section  be  allowed  in an amount which will reduce the tax payable to less than the  applicable minimum tax fixed by section one  hundred  eighty-three,  one  hundred  eighty-five  or  one  hundred eighty-six of this article.   If,  however, the amount of credit  allowable  under  this  section  for  any  taxable  year  reduces  the tax to such amount, any amount of credit not  deductible in such taxable year may be carried  over  to  the  following  year  or years and may be deducted from the taxpayer's tax for such year  or years.    6.  Coordination  with  federal  work  opportunity  tax  credit.   The  provisions  of  sections fifty-one and fifty-two of the internal revenue  code, as such  sections  applied  on  October  first,  nineteen  hundred  ninety-six, that apply to the work opportunity tax credit for vocationalrehabilitation referrals shall apply to the credit under this section to  the   extent  that  such  sections  are  consistent  with  the  specific  provisions of this section, provided that in the event of a conflict the  provisions of this section shall control.