BILL NUMBER:A10357
TITLE OF BILL: An act to amend the tax law, in relation to granting an
automatic extension of time for filing a personal income tax return and
paying a personal income tax when the state budget has not been timely
enacted into law
PURPOSE OR GENERAL IDEA OF BILL: To penalize the state government for
every day that the budget is late after April 1st by letting taxpayers
pay their taxes one day late for every day that the budget is late.
SUMMARY OF SPECIFIC PROVISIONS: An automatic extension of time equal to
a total calculated by subtracting one from the number of days after
April 1st that the entire state budget is enacted into law. No penalties
or interest shall be assessed or imposed upon a taxpayer during such an
extension.
JUSTIFICATION: While the state legislature has managed to pass two
"on-time" budgets, it has a twenty year history of late budgets. The
taxpayer has been the most directly affected by the late budget. This
bill would give the taxpayer an extension for paying their taxes after
the deadline, as the legislators had an extension for passing a budget
after the deadline.
PRIOR LEGISLATIVE HISTORY:
S T A T E O F N E W Y O R K
________________________________________________________________________
10357
I N A S S E M B L Y
March 19, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CROUCH,
FITZPATRICK, KOLB, J. MILLER, O'MARA, THIELE -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to granting an automatic exten-
sion of time for filing a personal income tax return and paying a
personal income tax when the state budget has not been timely enacted
into law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 657 of the tax law is amended by adding a new
subsection (c) to read as follows:
(C) AUTOMATIC EXTENSION FOR LATE APPROVAL OF STATE BUDGET. AN AUTOMAT-
IC EXTENSION OF TIME EQUAL TO A TOTAL CALCULATED BY SUBTRACTING ONE FROM
THE NUMBER OF DAYS AFTER APRIL FIRST AND UPON WHICH THE LAST OF THE
PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET BILL, THE EDUCATION,
LABOR AND FAMILY ASSISTANCE BUDGET BILL, HEALTH AND MENTAL HYGIENE BUDG-
ET BILL, THE TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL
CONSERVATION BUDGET BILL, THE LEGISLATIVE AND JUDICIARY BUDGET BILL OR
THE DEBT SERVICE BUDGET BILL HAS BEEN ENACTED INTO LAW SHALL BE DEEMED
GRANTED FOR FILING A TAX RETURN OR PAYING A TAX OTHERWISE REQUIRED ON
APRIL FIFTEENTH. NO PENALTIES OR INTEREST SHALL BE ASSESSED OR IMPOSED
UPON A TAXPAYER DURING SUCH EXTENSION AS HEREIN GRANTED.
S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2010.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15897-01-0
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