State Department of Agriculture Reminds Eligible Farmers Registration is Open for New York's 2025 Farm Employer Overtime Credit Advance

Encourages Eligible Farmers to Register Now and Begin Recordkeeping for the January 1 – July 31 Period to Receive Reimbursement Later This Year

The New York State Department of Agriculture and Markets (AGM) today reminded eligible farmers that registration is now open for New York’s 2025 Farm Employer Overtime Credit Advance program. The Farm Employer Overtime Credit is a refundable tax credit available for eligible farm employers who pay overtime wages based on the gradual phase-in of the overtime threshold in New York State. Farmers are encouraged to begin recordkeeping for the January 1 through July 31 2025 timeframe to apply for reimbursement later this year. The Farm Employer Overtime Credit program was first announced in the Governor’s 2022 State of the State to help farmers meet the challenge of farm labor costs.

State Agriculture Commissioner Richard A. Ball said, “The State is once again ready to roll out the Farm Employer Overtime Credit Advance to provide farmers with the resources they need to support their workforce and meet their food production goals. Last year, in coordination with the Department of Tax and Finance, we were able to provide timely cash flow assistance to farmers across the State through the overtime advance program and it is our hope that, this year, even more farmers look at the resources we have available, learn more about the Farm Employer Overtime Credit Advance program, and take part in this great opportunity.”

Farmers can apply for this refundable credit if they or their business are an eligible farmer and they employ eligible farm employees that were paid eligible overtime.

Farm employers are encouraged to prepare to apply this year by taking the following steps:

• Ensuring that they are registered for a NY.gov ID through My.NY.gov.
• Taking the farm employer eligibility assessment to establish if they (the farm employer) expect to meet the eligible farmer income requirements for their tax filing type at the end of the tax year.
• Discussing the program with their tax and payroll advisors to ensure they are keeping necessary records for the overtime credit.
• Registering their farm in the online portal now if they plan to apply for the advance payment. The application portal can be accessed by visiting taxcredit.agriculture.ny.gov.
• Farm employers who were registered in 2024 should go into the portal now to ensure their registration information is accurate and up to date.
• Optionally, choosing to delegate authority to a representative (e.g., a tax preparer), who may complete and submit the application on the farm employer’s behalf later in the year.

A Farm Employer Overtime Credit Advance User Guide to assist farmers with these preparatory steps is available at agriculture.ny.gov/user-guide-farm-employer-overtime-credit-advance.

After July 31, farm employers may upload supporting payroll documentation to the portal and submit to AGM for a certificate of advance payment of eligible overtime paid between January 1 and July 31. Applications must be submitted to AGM by September 30. After eligibility review, AGM will issue a certificate of advance payment to each approved farm employer. With a certificate of advance payment, the approved farmer or business owners (for example, partners or shareholders) can then request their share of the advance payment from the New York State Department of Tax and Finance (DTF). This request must be made no later than November 1, using the online services account at DTF’s website.

Additional information and resources, including important deadlines can be found on the Department of Agriculture and Markets’ website at agriculture.ny.gov/farming/farm-employer-overtime-credit-advance and the DTF website at tax.ny.gov/pit/credits/farm-employer-overtime-credit.htm. Questions regarding the advance may be directed to farmOTadvance@agriculture.ny.gov or (518) 457-7076.

The Farm Employer Overtime Credit was created by Governor Hochul as part of her 2022 State of the State pledge to help farmers meet the challenge of farm labor costs, which are among the fastest-growing costs of agricultural production in New York. The plan created a permanent refundable tax credit on overtime hours for any size farm in New York State to help offset increasing costs to farmers. Governor Hochul additionally increased an existing workforce tax credit and expanded an investment tax credit that will be refundable through 2027.