S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4832
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  B. MILLER  --  read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to increasing the threshold for
   employer's return and payment of withheld taxes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Paragraphs 1 and 2 of subsection (a) of section 674 of the
 tax law, paragraph 1 as added by chapter 166 of the  laws  of  1991  and
 paragraph  2  as amended by chapter 477 of the laws of 1998, are amended
 to read as follows:
   (1) If, after having made a payroll, an employer has been required  to
 deduct  and  withhold,  but  has  not  paid over, a cumulative aggregate
 amount of [seven hundred] ONE THOUSAND dollars or more of tax  during  a
 calendar  quarter,  such  employer  shall file a return and pay over the
 tax. If an employer was required to remit a cumulative aggregate  amount
 of  less  than  fifteen  thousand  dollars in withholding tax during the
 calendar year which precedes the previous calendar year, the  tax  shall
 be  paid  over on or before the fifth business day following the date of
 making such a payroll. If an employer was required to remit a cumulative
 aggregate amount more than or equal to fifteen thousand dollars in with-
 holding tax during the calendar year which precedes the previous  calen-
 dar year, the tax shall be paid over on or before the third business day
 following  the  date of making such a payroll. In the case of an "educa-
 tional organization" as defined in paragraph two of  subsection  (a)  of
 section  nine  of this chapter or a "health care provider" as defined in
 paragraph four of subsection (a) of section nine of  this  chapter,  the
 tax shall be paid over on or before the fifth business day following the
 date of making such a payroll.
   (2)  If,  at  the  close of any calendar quarter, an employer has been
 required to deduct and withhold, but has not  paid  over,  a  cumulative
 aggregate  amount  of  less than [seven hundred] ONE THOUSAND dollars of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08840-01-1

 A. 4832                             2
 
 tax during such calendar quarter, such employer shall pay over  the  tax
 with the quarterly combined withholding, wage reporting and unemployment
 insurance return required to be filed for such quarter by paragraph four
 of  this subsection, on or before the last date prescribed by such para-
 graph for filing such return.
   § 2. This act shall take effect January 1, 2022, and  shall  apply  to
 all taxes required to be deducted and withheld on and after such date.