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Overtime tax credit aims to save New York State farmers more money

Those eligible can now apply for the Farm Employer Overtime Credit

NEW YORK — Farm employers can now apply for overtime paid reimbursement.

Eligible employers can apply to the Department of Agriculture and Markets (AGM) for a certificate of advance payment from the Department of Taxation and Finance (DTF) for overtime paid to their employees since January 1, 2024. It is part of Governor Hochul’s 2022 State of the State pledge and the plan to back farm workers and food production.

“Supporting New York’s farmers and farmworkers, who are essential to keeping New York State running, is a key priority for my administration,” said Gov. Hochul. “Our new Farm Employer Overtime Credit is one of many great initiatives that aim to help alleviate the challenge of rising costs.”

The Farm Employer Overtime Credit is a refundable tax credit for farm employers. Registration and applications can be found here.

“This new Farm Employer Overtime Credit program will help to ensure that our farm businesses have the resources they need to support their workforce while meeting their food production goals,” said New York State Agriculture Commissioner Richard A. Ball.

Farmers can wait until August to apply for the January 1 through July 31 period or when farm employers file tax returns to receive the credit. Those eligible will receive a full 12 months of the Farm Employer Overtime Credit, notes Hochul’s office.

A user guide and information can be found here.

“For decades, New York farmers have battled national headwinds, often putting their businesses at a competitive disadvantage through no fault of their own,” said State Senator Michelle Hinchey. “Keeping our farms in business is paramount to ensuring that local food access does not collapse in the State of New York, which is why we fought to create the Farm Employer Overtime Tax Credit to cover the cost of overtime for farm employers”

Applications must be submitted to AGM by September 30. After eligibility is reviewed, a certificate will be issued to approved farm employers. With the certificate, those eligible can request for advance payment from DTF.

Each of the owners, partners, and shareholders must apply individually. Requests to DTF must be submitted before November 1.

The DTF online services can be found here.

“I am strongly urging members of our farm community to apply for the new refundable overtime tax credit,” said Assemblymember Donna Lupardo. “We worked hard to find a way to lessen the impact of increased overtime wages on New York’s farm operators.”

More information about the program can be found at these two links: AGM, DTF. Questions can be sent here or by calling 518-457-7076.

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