(b) Credit recapture. If there is a cessation of operation or change
in ownership, as defined by section 45F of the internal revenue code
relating to a qualified child care facility with a situs in the state,
the taxpayer shall add back the applicable recapture percentage of the
credit allowed under this section in accordance with the recapture
provisions of section 45F of the internal revenue code, but the
recapture amount shall be limited to the credit allowed under this
section.
(c) Reporting requirements. A taxpayer that has claimed a credit under
this section shall notify the commissioner of any cessation of
operation, change in ownership, or agreement to assume recapture
liability as such terms are defined by section 45F of the internal
revenue code, in the form and manner prescribed by the commissioner.
(d) Definitions. The terms "qualified child care expenditures",
"qualified child care facility", "qualified child care resource and
referral expenditure", "cessation of operation", "change of ownership",
and "applicable recapture percentage" shall have the same meanings as in
section 45F of the internal revenue code.
(e) Cross-references. For application of the credit provided for in
this section, see the following provisions of this chapter:
(1) article 9-A: section 210-B, subdivision 53;
(2) article 22: section 606(i), subsections (i) and (jjj);
(3) article 33: section 1511, subdivision (dd).
Structure New York Laws
Article 1 - Short Title; Definitions; Miscellaneous
4 - Exemption From Certain Excise and Sales Taxes Granted to the United Nations.
5 - Obtaining and Furnishing Taxpayer Identification Information.
6 - Filing of Warrants in the Department of State.
7 - Inapplicability of Certain Money Judgment Enforcement Procedures.
8 - Exemption From Taxes Granted to Remics.
9 - Electronic Funds Transfer by Certain Taxpayers Remitting Withholding Taxes.
11 - Certified Capital Companies.
12 - Internet; Advertising, Vendor Status, Nexus.
14-A - Imb Credit for Energy Taxes.
15 - Qeze Credit for Real Property Taxes.
16 - Qeze Tax Reduction Credit.
17 - Empire Zones Tax Benefits Report.
18 - Low-Income Housing Credit.
20 - Credit for Transportation Improvement Contributions.
21 - Brownfield Redevelopment Tax Credit.
21*2 - Disclosure of Taxpayer Information in Cases Involving Abandoned Property.
22 - Tax Credit for Remediated Brownfields.
23 - Environmental Remediation Insurance Credit.
24 - Empire State Film Production Credit.
24-A - Musical and Theatrical Production Credit.
24-B - Television Writers' and Directors' Fees and Salaries Credit.
24-C - New York City Musical and Theatrical Production Tax Credit.
25 - Disclosure of Certain Transactions and Related Information.
26 - Security Training Tax Credit.
27 - Suspension of Tax-Exempt Status of Terrorist Organizations.
28 - Empire State Commercial Production Credit.
28*2 - Biofuel Production Credit.
29 - Mandatory Electronic Filing and Payment.
30 - Bad Check or Failed Electronic Funds Withdrawal Fee.
31 - Excelsior Jobs Program Credit.
31*2 - Empire State Film Post Production Credit.
32 - Registration of Tax Return Preparers.
33 - Correction Periods for Electronic Tax Documents and Payments.
33*2 - Temporary Deferral of Certain Tax Credits.
34*2 - Temporary Deferral Payout Credits.
35 - Use of Electronic Means of Communication.
35*2 - Economic Transformation and Facility Redevelopment Program Tax Credit.
36 - Empire State Jobs Retention Program Credit.
37 - Alcoholic Beverage Production Credit.
38 - New York Innovation Hot Spot Program Tax Benefits.
38*2 - Minimum Wage Reimbursement Credit.
39 - Tax Benefits for Businesses Located in Tax-Free Ny Areas and Employees of Such Businesses.
39-A - Penalties for Fraud in the Start-Up Ny Program.
40 - The Tax-Free Ny Area Tax Elimination Credit.
41 - Limitation on Tax Credit Eligibility.
42 - Farm Workforce Retention Credit.
42-A - Farm Employer Overtime Credit.
43 - Life Sciences Research and Develpoment Tax Credit.
43*2 - Single Member Limited Liability Companies and Eligibility for Tax Credits.
44 - Employer-Provided Child Care Credit.
45 - Empire State Digital Gaming Media Production Credit.
46 - Restaurant Return-to-Work Tax Credit.
46-A - Additional Restaurant Return-to-Work Tax Credit.
47 - Covid-19 Capital Costs Tax Credit.
47*2 - Grade No. 6 Heating Oil Conversion Tax Credit.
47*3 - Suspension of Certain Taxes on Motor Fuel and Diesel Motor Fuel.