N.Y.
Agriculture & Markets Law Section 335
Tax credit
- overtime expense certification
1.
A qualified farm employer who is issued an overtime expense certificate by the department may be allowed a credit pursuant to Tax Law § 42-A (Farm employer overtime credit)section forty-two-a of the tax law equal to one hundred eighteen percent of the aggregate amount of overtime expenses certified by the department pursuant to this section. A qualified farm employer who is issued a preliminary overtime expense certificate may be eligible to receive an advance payment of such tax credit pursuant to subdivision (e) of Tax Law § 42-A (Farm employer overtime credit)section forty-two-a of the tax law.2.
Certificate application and approval process. A farm employer must submit a complete application as prescribed by the commissioner by the first of February after the end of the calendar year. As part of the application, each farm employer shall provide evidence in the form and manner prescribed by the commissioner sufficient to establish that it is a qualified farm employer and to determine the overtime expense per eligible farm employee paid by such qualified farm employer during the preceding calendar year. If, after reviewing a farm employer’s completed application, the department determines that the farm employer is a qualified farm employer, the department may issue to such qualified farm employer an overtime expense certificate for each year that the eligibility criteria are satisfied that specifies (a) the total number of eligible farm employees who were paid eligible overtime by the qualified farm employer;(b)
the aggregate amount of overtime expense paid by the qualified farm employer; and(c)
the calendar year in which such overtime expense was paid.3.
Preliminary overtime expense certificate. A farm employer who intends to request an advance payment of the tax credit pursuant to subdivision (e) of Tax Law § 42-A (Farm employer overtime credit)section forty-two-a of the tax law must submit a complete application as prescribed by the commissioner by September thirtieth of the calendar year. As part of the application, each farm employer shall provide evidence in the form and manner prescribed by the commissioner sufficient to establish that it is a qualified farm employer and to determine the overtime expense per eligible farm employee paid by such qualified farm employer from January first through July thirty-first of such calendar year. If, after reviewing a farm employer’s completed application, the department determines that the farm employer is a qualified farm employer, the department may issue to such qualified farm employer a preliminary overtime expense certificate that specifies (a) the total number of eligible farm employees who were paid eligible overtime by the qualified farm employer from January first through July thirty-first of such calendar year; and(b)
the aggregate amount of overtime expense paid by the qualified farm employer during such period.
Source:
Section 335 — Tax credit; overtime expense certification, https://www.nysenate.gov/legislation/laws/AGM/335 (updated May 16, 2025; accessed May 24, 2025).
