S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4520

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by M. of A. SCHIMMINGER, ZEBROWSKI, STECK, JAFFEE, KEARNS --
  Multi-Sponsored by -- M. of A. COOK, GLICK, MAGEE,  McDONALD,  RIVERA,
  SCHIMEL -- read once and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to establishing the recordkeep-
  ing voluntary compliance program for purposes of sales tax liability

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a new  section  1135-a  to
read as follows:
  S  1135-A.  RECORDKEEPING  VOLUNTARY COMPLIANCE PROGRAM. 1.   NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THERE  SHALL  BE
ESTABLISHED  A RECORDKEEPING VOLUNTARY COMPLIANCE PROGRAM TO BE ADMINIS-
TERED BY THE COMMISSIONER, FOR ALL ELIGIBLE TAXPAYERS.
  2. FOR PURPOSES OF THIS SECTION, AN "ELIGIBLE TAXPAYER" IS AN INDIVID-
UAL, PARTNERSHIP, ESTATE, TRUST, CORPORATION, LIMITED LIABILITY COMPANY,
JOINT STOCK COMPANY, OR ANY OTHER COMPANY, TRUSTEE, RECEIVER,  ASSIGNEE,
REFEREE,  SOCIETY,  ASSOCIATION, BUSINESS OR ANY OTHER PERSON SUBJECT TO
SALES TAX IMPOSED BY OR PURSUANT TO THE AUTHORITY OF THIS CHAPTER.
  3. THE COMMISSIONER IS AUTHORIZED TO ENTER INTO A RECORDKEEPING VOLUN-
TARY COMPLIANCE AGREEMENT WITH AN  ELIGIBLE  TAXPAYER.  A  RECORDKEEPING
VOLUNTARY  COMPLIANCE  AGREEMENT SHALL BE IN A FORM TO BE ESTABLISHED BY
THE COMMISSIONER AND INCLUDE SUCH TERMS AS THE COMMISSIONER MAY  REASON-
ABLY  REQUIRE  TO  REQUIRE  THE  ELIGIBLE TAXPAYER TO MAINTAIN BOOKS AND
RECORDS IN A FORM PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE OF THIS
PART AND TO COMPLY WITH THIS CHAPTER IN THE FUTURE  INCLUDING,  BUT  NOT
LIMITED TO REQUIRING THE USE OF CERTIFIED POINT OF SALES SYSTEMS.
  S  2.  Section 1138 of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  A
TAXPAYER  THAT IS A PARTY TO A RECORDKEEPING VOLUNTARY COMPLIANCE AGREE-
MENT PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE-A OF THIS PART SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06027-01-5
              

A. 4520                             2

NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH ONE OF SUBDIVISION (A)  OF
THIS  SECTION  AND  NO  TAX  SHALL BE ESTIMATED ON THE BASIS OF EXTERNAL
INDICES UNLESS THE COMMISSIONER FINDS THAT THE TAXPAYER IS  IN  SUBSTAN-
TIAL  NON-COMPLIANCE  WITH ITS RECORDKEEPING VOLUNTARY COMPLIANCE AGREE-
MENT.
  S 3. This act shall take effect immediately.