N.Y. Social Services Law Section 394-B
Eligibility criteria

1.

To be eligible for a tax credit under the child care creation and expansion tax credit program, a business entity must:

(a)

be a business entity that is required to file a tax return pursuant to article nine-A, twenty-two or thirty-three of the tax law;

(b)

be a child care program, or contract with such child care program, as defined in this title that is licensed or registered pursuant to § 390 (Child day care)section three hundred ninety of this article;

(c)

create or expand child care seats, directly or through a third party, for the employees of such business entity on or after April first, two thousand twenty-three and before January first, two thousand twenty-five;

(d)

operate a business location in New York state;

(e)

be in substantial compliance with any child care licensing laws and regulations related to the entity’s business sector or other laws and regulations as determined by the commissioner; and

(f)

not owe past due state taxes or local property taxes unless the business entity is making payments and complying with an approved binding payment agreement entered into with the taxing authority.

Source: Section 394-B — Eligibility criteria, https://www.­nysenate.­gov/legislation/laws/SOS/394-B (updated May 19, 2023; accessed Feb. 14, 2026).

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Feb. 14, 2026

Last modified:
May 19, 2023

§ 394-B. Eligibility criteria's source at nysenate​.gov

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