Yes, if you are not eligible, you will not have access. The Empire State child credit is available to full-year New York State residents that have a child that qualifies for the federal Child Tax Credit or Additional Child Tax Credit or had a child less than 17 years old on the last day of the year that qualified for the Credit for Other Dependents. Federal AGI limits are $100,00 (MFJ), $75,000 (Single and HOH), and $55,000 (MFS). Form IT-213 is used to claim the credit.
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