STATE OF NEW YORK ________________________________________________________________________ 4959 2025-2026 Regular Sessions IN ASSEMBLY February 10, 2025 ___________ Introduced by M. of A. ZINERMAN, BURDICK -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law and the administrative code of the city of New York, in relation to advance payment of the earned income credit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new section 679 to read 2 as follows: 3 § 679. Advance payment of earned income credit. (a) General rule. 4 Except as otherwise provided in this chapter, the commissioner shall 5 provide for the pre-payment of the earned income credit to qualifying 6 employees. 7 (b) Earned income eligibility certificate. For purposes of this arti- 8 cle, an earned income eligibility certificate is a statement furnished 9 by an employee to the commissioner which: 10 (1) certifies that the employee will be eligible to receive an earned 11 income credit or an enhanced earned income credit provided by subsection 12 (d) or (d-1) of section six hundred six of this article for the taxable 13 year, 14 (2) certifies that the employee has one or more qualifying children 15 for such taxable year, 16 (3) certifies that the employee does not have an earned income eligi- 17 bility certificate in effect for the calendar year with respect to the 18 payment of wages by another employer, and 19 (4) states whether or not the employee's spouse has an earned income 20 eligibility certificate in effect. 21 For purposes of this section, a certificate shall be treated as being 22 in effect with respect to a spouse if such a certificate will be in 23 effect on the first status determination date following the date on 24 which the employee furnishes the statement in question. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06116-01-5
A. 4959 2 1 (c) Earned income advance amount. Four advanced payments shall be 2 made to such qualifying employees. An estimated annual tax credit shall 3 be determined by the commissioner in advance of the first payment, and 4 shall be subject to adjustment due to changes in employment or family 5 status over the course of the year. Prior to disbursement, the commis- 6 sioner shall ensure that the qualifying employee's status has not 7 changed. The first three advanced payments shall be made during the 8 taxable year and shall be twenty percent of the anticipated credit. The 9 fourth advanced payment shall be made after the tax year is over, and 10 shall be adjusted to match the actual credit due. Such payments shall, 11 to the extent practicable be made available via direct deposit and via 12 electronic benefit transfer (EBT) card. 13 (d) Form and contents of certificate. Earned income eligibility 14 certificates shall be in such form and contain such other information as 15 the commissioner may by regulations prescribe. 16 (e) Notification. (1) The commissioner shall notify all taxpayers who 17 have one or more qualifying children and who receive a refund of the 18 credit under subsection (d) or (d-1) of section six hundred six of this 19 article in writing of the availability of earned income advance amounts 20 under this section. Such written or electronic notification shall 21 include a clearly labeled section or withholding forms and a separate 22 handout with information about the advanced payment of the earned income 23 credit in the six most common languages spoken by individuals in this 24 state. 25 (2) The commissioner shall provide information of the availability of 26 earned income advance amounts under this section to tax preparers, 27 accountants and organizations that assist individuals in tax prepara- 28 tion. Such information shall be distributed to qualifying individuals. 29 (f) Coordination with advance payments of earned income credit. 30 (1) Recapture of excess advance payments. If any payment is made to 31 the individual by the commissioner under this section during any calen- 32 dar year, then the tax imposed by this chapter for the individual's last 33 taxable year beginning in such calendar year shall be increased by the 34 aggregate amount of such payments. 35 (2) Safe harbor against recapture of excess advance payments. If an 36 individual establishes that they are requesting and receiving payments 37 under this section in good-faith by establishing that they properly 38 claimed payments under this section in the prior year and that they have 39 not experienced a substantial change in circumstances such that they 40 have a reasonable expectation of eligibility in the current year, then 41 paragraph one of this subsection shall not apply. 42 (3) Reconciliation of payments advanced and credit allowed. Any 43 increase in tax under this subsection shall not be treated as tax 44 imposed by this chapter for purposes of determining the amount of any 45 credit (other than the credit allowed by subsection (d) or (d-1) of 46 section six hundred six of this article) allowable under this article. 47 § 2. The administrative code of the city of New York is amended by 48 adding a new section 11-1763 to read as follows: 49 § 11-1763 Advance payment of earned income credit. (a) General rule. 50 Except as otherwise provided in this chapter, the commissioner shall 51 provide for the pre-payment of the earned income credit to qualifying 52 employees. 53 (b) Earned income eligibility certificate. For purposes of this chap- 54 ter, an earned income eligibility certificate is a statement furnished 55 by an employee to the commissioner which:
A. 4959 3 1 (1) certifies that the employee will be eligible to receive an earned 2 income credit or an enhanced earned income credit provided by subdivi- 3 sion (d) of section 11-1706 of this chapter for the taxable year, 4 (2) certifies that the employee has one or more qualifying children 5 for such taxable year, 6 (3) certifies that the employee does not have an earned income eligi- 7 bility certificate in effect for the calendar year with respect to the 8 payment of wages by another employer, and 9 (4) states whether or not the employee's spouse has an earned income 10 eligibility certificate in effect. 11 For purposes of this section, a certificate shall be treated as being 12 in effect with respect to a spouse if such a certificate will be in 13 effect on the first status determination date following the date on 14 which the employee furnishes the statement in question. 15 (c) Earned income advance amount. Four advanced payments shall be 16 made to such qualifying employees. An estimated annual tax credit shall 17 be determined by the commissioner in advance of the first payment, and 18 shall be subject to adjustment due to changes in employment or family 19 status over the course of the year. Prior to disbursement, the commis- 20 sioner shall ensure that the qualifying employee's status has not 21 changed. The first three advanced payments shall be made during the 22 taxable year and shall be twenty percent of the anticipated credit. The 23 fourth advanced payment shall be made after the tax year is over, and 24 shall be adjusted to match the actual credit due. Such payments shall, 25 to the extent practicable be made available via direct deposit and via 26 electronic benefit transfer (EBT) card. 27 (d) Form and contents of certificate. Earned income eligibility 28 certificates shall be in such form and contain such other information as 29 the commissioner may by regulations prescribe. 30 (e) Notification. (1) The commissioner shall notify all taxpayers who 31 have one or more qualifying children and who receive a refund of the 32 credit under subdivision (d) of section 11-1706 of this chapter in writ- 33 ing of the availability of earned income advance amounts under this 34 section. Such written or electronic notification shall include a clearly 35 labeled section or withholding forms and a separate handout with infor- 36 mation about the advanced payment of the earned income credit in the six 37 most common languages spoken by individuals in this state. 38 (2) The commissioner shall provide information of the availability of 39 earned income advance amounts under this section to tax preparers, 40 accountants and organizations that assist individuals in tax prepara- 41 tion. Such information shall be distributed to qualifying individuals. 42 (f) Coordination with advance payments of earned income credit. 43 (1) Recapture of excess advance payments. If any payment is made to 44 the individual by the commissioner under this section during any calen- 45 dar year, then the tax imposed by this chapter for the individual's last 46 taxable year beginning in such calendar year shall be increased by the 47 aggregate amount of such payments. 48 (2) Safe harbor against recapture of excess advance payments. If an 49 individual establishes that they are requesting and receiving payments 50 under this section in good-faith by establishing that they properly 51 claimed payments under this section in the prior year and that they have 52 not experienced a substantial change in circumstances such that they 53 have a reasonable expectation of eligibility in the current year, then 54 paragraph one of this subdivision shall not apply. 55 (3) Reconciliation of payments advanced and credit allowed. Any 56 increase in tax under this subdivision shall not be treated as tax
A. 4959 4 1 imposed by this chapter for purposes of determining the amount of any 2 credit (other than the credit allowed by subdivision (d) of section 3 11-1706 of this chapter) allowable under this chapter. 4 § 3. This act shall take effect one year after it shall have become a 5 law and shall apply to taxable years beginning on or after such date. 6 Effective immediately, the addition, amendment and/or repeal of any rule 7 or regulation necessary for the implementation of this act on its effec- 8 tive date are authorized to be made and completed on or before such 9 effective date.