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New York Tax Law Section 26 - Security Training Tax Credit.

Legal Research Home > New York Lawyer > Tax > New York Tax Law Section 26 - Security Training Tax Credit.

    § 26.  Security  training  tax  credit.  (a)  Allowance  of credit. A
  taxpayer,  which  is  subject  to  tax  under  article   nine,   nine-A,
  twenty-two,  thirty-two  or  thirty-three of this chapter and which is a
  qualified building owner, shall be allowed a credit  against  such  tax.
  The  amount of the credit allowed under this section shall equal the sum
  of the number of qualified security officers providing protection  to  a
  building or buildings owned by the taxpayer multiplied by three thousand
  dollars. Provided, however, that in the case of a worker not so employed
  for  a full year, such amount shall be prorated to reflect the length of
  such employment under regulations of the commissioner.
    (b) Definitions. As used in this section, the  following  terms  shall
  have the following meanings:
    (1)  "Qualified  building owner" means a building owner whose building
  entrances, exits and common areas are protected by  security  personnel,
  licensed  under  article seven-A of the general business law, whether or
  not such security personnel are employed directly by the building  owner
  or indirectly through a contractor.
    (2)   "Qualified  security  training  program"  means  a  program  for
  residential and commercial building security officers which is  designed
  to:   improve  observation,  detection  and  reporting  skills,  improve
  coordination with local police, fire and emergency services; provide and
  improve skills and working knowledge  of  advanced  security  technology
  including surveillance systems and access control procedures; require at
  least  forty hours of training including three hours of training devoted
  to terrorism awareness; and has been certified as  a  qualified  program
  and  approved  by  the  state  office  of  homeland security pursuant to
  section seven hundred nine of the executive law.
    (3) "Security officers"  means  security  officers,  registered  under
  article  seven-A of the general business law, responsible for the safety
  and security of tenants and occupants of commercial buildings over  five
  hundred  thousand  square  feet  whether employed directly by a building
  owner or indirectly through a contractor.
    (4) "Qualified security officers" are security officers who:  (i)  are
  employed  in  positions  which  are  under  a  legally  binding  written
  agreement, including  a  service  contract  between  qualified  building
  owners and security contractors, enforceable by employees, that provides
  for  a minimum hourly wage rate of at least nine dollars fifty cents for
  the calendar year two thousand five; nine dollars eighty-five cents  for
  the  calendar  year  two thousand six; and ten dollars eighty-five cents
  for the calendar year two thousand seven and thereafter; and  (ii)  have
  completed  a  qualified  security  training program as set forth in this
  section.
    (c) Scope of credit. The credit provided for  in  subdivision  (a)  of
  this  section  shall  be  allowed  for  any  taxable year in which costs
  relating to security personnel are paid or incurred.
    (d) Credit certification. Upon application by a  taxpayer,  the  state
  office  of  homeland security may issue a credit certification where the
  taxpayers meet the  standards  established  in  paragraph  two  of  this
  subdivision   and   have   demonstrated  that  they  have  provided  the
  appropriate training, or, within the year, will provide the  appropriate
  training to all employees for whom they will claim the credit.
    (e)  The  director  of the office of homeland security in consultation
  with the commissioner of taxation and finance,  shall  promulgate  rules
  and regulations necessary to implement this program.
    (f)  Cross-references.  For  application of the credit provided for in
  this section, see the following provisions of this chapter:
    (1) article 9: section 187-n.
    (2) article 9-A: section 210: subdivision 37.
    (3) article 22: section 606: subsection (ii).
    (4) article 32: section 1456: subsection (t).
    (5) article 33: section 1511: subdivision (x).

Last modified: September 7, 2006