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New York introduces overtime tax credit for farmers

Governor Kathy Hochul has announced the opening of the Farm Employer Overtime Credit advance portal, a new initiative to support New York’s farmers and farm workers. The program allows eligible farm employers to apply for a refundable tax credit for overtime wages paid between January 1 and July 31, 2024. This move is part of Governor Hochul’s strategy to bolster the state’s agricultural sector and provide relief to farmers grappling with rising labor costs.


The Farm Employer Overtime Credit is accessible to eligible farm employers who pay overtime wages following the gradual introduction of the overtime threshold in New York State. To prepare for application, farm employers must register for a NY.gov ID, assess their eligibility, consult with tax and payroll advisors, and register their farm in the online portal. This process is detailed in a user guide available on the Department of Agriculture and Markets’ website.

After July 31, farm employers can upload payroll documentation and submit it for a certificate of advance payment. The Department of Agriculture and Markets will issue certificates to approved farm employers, who can then request their share of the advance payment from the New York State Department of Tax and Finance. This innovative measure is part of Governor Hochul’s broader commitment to supporting the state’s dairy and agricultural industries, including workforce development and youth education programs.