(b) Eligibility. To be eligible for the child care creation and
expansion tax credit, the taxpayer shall have been issued a certificate
of tax credit by the office of children and family services pursuant to
section three hundred ninety-four-c of the social services law. A
taxpayer that is a partner in a partnership, member of a limited
liability company or shareholder in a subchapter S corporation that has
received a certificate of tax credit shall be allowed its pro rata share
of the credit earned by the partnership, limited liability company or
subchapter S corporation.
(c) Tax return requirement. The taxpayer shall be required to attach
to its tax return in the form prescribed by the commissioner, proof of
receipt of its certificate of tax credit issued by the commissioner of
the office of children and family services.
(d) Information sharing. Notwithstanding any provision of this
chapter, employees of the office of children and family services and the
department shall be allowed and are directed to share and exchange:
(1) information regarding the credit applied for, allowed or claimed
pursuant to this section and taxpayers that are applying for the credit
or that are claiming the credit; and
(2) information contained in or derived from credit claim forms
submitted to the department. Except as provided in paragraph one of this
subdivision, all information exchanged between the office of children
and family services and the department shall not be subject to
disclosure or inspection under the state's freedom of information law.
(e) Credit recapture. If a certificate of tax credit issued by the
office of children and family services under title one-A of article six
of the social services law is revoked by such office, the amount of
credit described in this section and claimed by the taxpayer prior to
that revocation shall be added back to tax in the taxable year in which
any such revocation becomes final.
(f) 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 59;
(2) article 22: section 606, subsection (ooo);
(3) article 33: section 1511, subdivision (ee).
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.