New NY state legislation modifies Personal Income Tax and Metropolitan Commuter Mobility Tax rates and adds new tax credits. These changes are detailed below:

INDIVIDUAL INCOME TAX CHANGES

Under the legislation, for joint filers in taxable years beginning after 2011 and before 2015, taxpayers with New York taxable income of $40,000 to $150,000 will be taxed at 6.45% (previously, 6.85%); taxpayers with New York taxable income of $150,000 to $300,000 will be taxed at 6.65% (previously, 6.85%); taxpayers with New York taxable income of $300,000 to $2 million will be taxed at 6.85% (previously, 7.85% to 8.97%); and taxpayers with New York taxable income over $2 million will be taxed at 8.82% (previously, 8.97%).

For taxpayers with other filing statuses, the top 8.82% rate will apply to head of household filers with New York taxable income over $1.5 million and to single filers with New York taxable income over $1 million. The legislation also provides for a cost of living adjustment to the brackets and the standard deduction.

METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX

Metropolitan commuter transportation mobility tax (MCTMT) provisions are amended to exclude certain small businesses from the tax. Specifically, the legislation modifies the definition of “employer” to provide that payroll expense must exceed $312,500 (previously, $2,500) in any calendar quarter. The definition is also amended to exclude eligible educational institutions.

In addition, the MCTMT, previously imposed on employers at the rate of 0.34%, is imposed at the following rates: 0.11% for employers with payroll expense no greater than $375,000 in any calendar quarter; 0.23% for employers with payroll expense no greater than $437,500 in any calendar quarter; and 0.34% for employers with payroll expense exceeding $437,500 in any calendar quarter. For self-employed individuals, tax at the rate of 0.34% applies if earnings attributable to the Metropolitan Commuter Transportation District exceed $50,000 (previously, $10,000) for the tax year.

The MCTMT amendments applicable to employers take effect for the quarter beginning on April 1, 2012.

TAX CREDITS

The legislation creates the Youth Works Tax Credit Program, under which credits are available for employing at-risk youths in part-time and full-time positions. Qualified employers are entitled to a credit of $500 (full-time) or $250 (part-time) per month for up to six months for each qualified employee. Employers are also entitled to $1,000 (full-time) or $500 (part-time) for each qualified employee who is retained for an additional six months. Qualified employees must start their employment on or after January 1, 2012, and no later than July 1, 2012. Up to $25 million in tax credits may be allocated under this program.

The legislation also creates the Empire State Jobs Retention Program, which provides credits to targeted businesses harmed by a natural disaster. Participants in the program must (1) be located in a county in which an emergency has been declared by the governor on or after January 1, 2011, (2) demonstrate substantial physical damage and economic harm resulting from the event leading to the emergency declaration, and (3) retain at least 100 full-time equivalent jobs in the county. The credit equals 6.85% of the wages of retained jobs.