Assembly Bill A8627

2009-2010 Legislative Session

Relates to payment methods permitted for use by taxpayers under the electronic funds transfer programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2010	referred to rules delivered to senate passed assembly ordered to third reading rules cal.335 rules report cal.335 reported reported referred to rules
Jan 06, 2010	referred to ways and means
Jun 01, 2009	referred to ways and means

2009-A8627 (ACTIVE) - Details

See Senate Version of this Bill:: S3885
Current Committee:: Senate Rules
Law Section:: Tax Law
Laws Affected:: Amd §§9 & 10, Tax L

2009-A8627 (ACTIVE) - Summary

Relates to payment methods permitted for use by tax payers under the electronic funds transfer programs prescribed by sections 9 and 10 of the tax law.

2009-A8627 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8627

TITLE OF BILL:  An act to amend the tax law, in relation to payment
methods permitted for use by taxpayers under the electronic funds trans-
fer programs prescribed by sections 9 and 10 of such law

Purpose:  This bill would grant discretion to the Commissioner of Taxa-
tion and Finance ("Commissioner") to prescribe the method or methods for
effecting electronic funds transfers by taxpayers participating in the
PrompTax programs.

Summary of Provisions:  Sections 1 and 2 of this bill amend Tax Law
9(b)(1) and 9(c)(2) to eliminate the certified check as an acceptable
form of payment for purposes of Tax Law § 9.

Section 3 of the bill amends Tax Law § 9(i) to eliminate the requirement
that the Department of Taxation and Finance ("Department") offer as
PrompTax payment methods, at least two methods that are free to the
taxpayer, and one method that does not require the taxpayer to disclose
its financial institution account information to the Department. Under
the bill, the Commissioner would be granted discretion to prescribe
regulations as to the method or methods to be used by taxpayers partic-
ipating in the Tax Law § 9 PrompTax program.

Sections 4 through 13 of the bill amend various sections of the Tax Law
to eliminate the certified check as an acceptable form of payment for

purposes of Tax Law § 10.

Section 14 of the bill provides that the bill would take effect imme-
diately and apply to PrompTax payments required to be made on or after
the 30th day following the date on which the bill becomes a law. Howev-
er, the Commissioner would be authorized under the bill to promulgate
rules and regulations necessary for implementation of the bill on an
emergency basis.

Existing Law:  Sections 9 and 10 of the Tax Law require certain taxpay-
ers to pay their liabilities by "electronic funds transfer.'" Taxpayers
may use Automated Clearing House ("ACH") debit, ACH credit, Fedwire and
certified check as payment methods for purposes of these statutes.

Using ACH debit, the Department obtains authorization from a taxpayer to
debit the taxpayer's designated bank account in an amount, and at a time
(on or before the due date), specified by the taxpayer. The Department,
in accordance with the taxpayer's authorization, instructs its deposito-
ry bank to originate an ACH debit transaction through the ACH Network to
the taxpayer's bank, the result of which is a debit to the taxpayer's
account and a credit to the Department's account.

Using ACH credit, the taxpayer originates an instruction to its bank to
debit the taxpayer's account and to credit the Department's account.
This transaction is also cleared and settled through the ACH network.

Fedwire works in essentially the same way as ACH credit, except that
participating banks must maintain an account at a Federal Reserve Bank
and the clearing and settlement processes are done through the 12 Feder-
al Reserve Banks.

Neither ACH debit nor ACH credit can be initiated on the payment due
date; they must be initiated at least one day before the due date in
order to ensure timely payment. Fedwire can be initiated on the payment
due date in order for the payment to be received timely.  Also, unlike
ACH debit participants, ACH credit and Fedwire participants need not
provide their bank account information to the Department in order for
their accounts to be debited. The certified check method allows taxpay-
ers participating in the PrompTax programs prescribed.by sections 9 and
10 to mail a paper certified check in advance of the due date for
payment prescribed by law.

Legislative History:  This is a new proposal.

Statement in Support:  Since the enactment of Tax Law §§ 9 and 10 in the
late 1980s and early 1990s, respectively, banking practices, and elec-
tronic payment technologies in particular, have undergone significant
changes. This bill recognizes these changes by permitting the Department
greater discretion in choosing acceptable taxpayer payment methods for
PrompTax purposes, and enables the Tax Department to respond more quick-
ly in the future as electronic payment practices continue to evolve and
become more sophisticated. It should also be noted that the PrompTax
programs affect only large taxpayers responsible for paying certain
business taxes. These programs are not aimed at individual taxpayers.

Also, a particular risk has arisen with respect to one of the current
PrompTax payment methods - ACH credit, which, for all intents and
purposes, is mandated for PrompTax use by current Tax Law § 9(i)(1).
NACHA Rules (the governing authority for banks engaged in ACH trans-
actions) permit users of ACH credit to reverse their ACH credit payment
for any of the following reasons: duplicate payment, wrong payee, or
incorrect dollar amount. The Rules also provide that once commenced, the
reversal cannot be halted. In effect, the Rules permit taxpayers to
initiate their own refunds. The Rules thus may conflict with Article V,
§ 1 of the New York State Constitution and § 1 1 1 of the State Finance
Law, both of which prohibit the refund of monies paid to the State with-
out prior authorization of the State Comptroller. There is also a risk
of someone (such as an employee of the taxpayer's bank) improperly
initiating a reversal and diverting it to his/her own use. This bill
would address these risks by allowing the Department to eliminate ACH
credit as a PrompTax payment option.

Budget Implications:  This bill will not have an impact on state
finances.

Effective Date:  This bill would take effect immediately and apply to
payments of tax required to be made on or after the 30th day following

the date on which the bill becomes a law as provided in section l 4 of
the bill.

2009-A8627 (ACTIVE) - Bill Text download pdf

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

                                  8627

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced by M. of A. FARRELL -- (at request of the Department of Taxa-
  tion  and  Finance) -- read once and referred to the Committee on Ways
  and Means

AN ACT to amend the tax law, in relation to  payment  methods  permitted
  for  use  by  taxpayers  under  the electronic funds transfer programs
  prescribed by sections 9 and 10 of such law

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

  Section 1. Paragraph 1 of subdivision (b) of section 9 of the tax law,
as  amended  by  chapter  166 of the laws of 1991, is amended to read as
follows:
  (1) Subject to the requirements contained in subdivisions (c) and  (d)
of  this  section, the commissioner shall require by regulation that any
payment of tax made by a taxpayer who is required,  for  either  of  the
semi-annual  periods  ending June thirtieth or December thirty-first, to
deduct and withhold an aggregate of thirty-five thousand dollars or more
of withholding taxes pursuant to part V of article  twenty-two  of  this
chapter,  or  pursuant  to  an  equivalent  provision  enacted under the
authority of article thirty, thirty-A or thirty-B of  this  chapter,  or
FORMER  article  two-E  of  the  general  city law, shall be made, on or
before the date prescribed by law, by electronic  funds  transfer  to  a
bank, banking house or trust company designated by the commissioner. The
commissioner  shall  designate  only such banks, banking houses or trust
companies as are or shall be designated by the comptroller as  deposito-
ries  pursuant  to section one hundred seventy-one-a of this chapter, as
added by chapter sixty-nine of the laws  of  nineteen  hundred  seventy-
eight.  Notwithstanding  any  provision of law to the contrary, any such
payment shall be deemed to be made on the date the payment  is  received
by the designated depository of the department[; provided, however, that
at the election of a taxpayer subject to the provisions of this subdivi-
sion,  mailing  by the taxpayer of the applicable withholding tax return

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09493-01-9

A. 8627                             2

and a certified check for the amount of the tax liability on  or  before
the  second  business  day  prior  to  the applicable due date otherwise
prescribed by law shall fulfill the requirements  of  this  section  and
shall  be  deemed  to be timely payment of such tax liability and timely
filing of such return].
  S 2. Paragraph 2 of subdivision (c) of section 9 of the  tax  law,  as
added by chapter 61 of the laws of 1989, is amended to read as follows:
  (2)  All  of the provisions of this section shall apply to educational
organizations; provided, however, that any payment of tax which is  made
by  an educational organization shall be made by electronic funds trans-
fer on or before the third business day  following  the  date  otherwise
prescribed  by  law[;  and,  provided further, that at the election of a
taxpayer subject to the provisions of this subdivision, mailing  by  the
taxpayer  of the applicable withholding tax return and a certified check
for the amount of the tax liability on or before the first business  day
following  the  applicable  due  date  otherwise prescribed by law shall
fulfill the requirements of this section and shall be deemed to be time-
ly payment of such tax liability and timely filing of such return].
  S 3.  Subdivision (i) of section 9 of the tax law, as added by chapter
61 of the laws of 1989 and as relettered by chapter 170 of the  laws  of
1994, is amended to read as follows:
  (i)  Regulations. The commissioner shall promulgate regulations neces-
sary to implement this section, which  regulations  shall  include,  but
shall not be limited to, the following:
  (1)  the  [different]  METHOD OR methods [of] FOR effecting electronic
funds [transfer messages] TRANSFERS available to taxpayers[. Such  meth-
ods  shall  include  at  least  two methods in which the transfer can be
effected without any charge to the taxpayer  for  the  electronic  funds
transfer  itself, and one of such methods shall not require the taxpayer
to disclose financial institution account  information  to  the  depart-
ment];
  (2)  the contents of an electronic funds transfer message necessary to
ensure the proper receipt and crediting of a [tax] payment OF TAX;
  (3) the means by which taxpayers will be provided acknowledgements  of
payments OF TAX by electronic funds transfer; and
  (4)  delineation of what shall constitute reasonable cause and absence
of willful neglect for purposes of compliance  with  the  provisions  of
this  section, including the inability of a taxpayer, for reasons beyond
the taxpayer's control, to [utilize any system of] MAKE PAYMENT  OF  TAX
BY electronic funds transfer AS required [pursuant to] BY this section.
  S  4. Subparagraph (C) of paragraph 1 of subdivision (b) of section 10
of the tax law, as amended by chapter 38 of the laws of 1997, is amended
to read as follows:
  (C) more than five million dollars of the total of the tax on gasoline
and similar motor fuel and the tax on petroleum  businesses  imposed  by
and  pursuant  to  the  authority of articles twelve-A and thirteen-A of
this chapter, then such taxpayer shall make payments of  the  taxes  for
which  such  dollar  threshold  was met by electronic funds transfer [or
certified check] in accordance with the provisions of subdivision (c) of
this section.
  S 5. Paragraph 2 of subdivision (b) of section 10 of the tax  law,  as
added by chapter 55 of the laws of 1992, is amended to read as follows:
  (2) Special transitional rule. Notwithstanding the provisions of para-
graph  one  of  this  subdivision, for purposes of determining whether a
taxpayer described in  subparagraph  (C)  of  such  paragraph  shall  be
required  to  initially  participate  in  the program prescribed by this

A. 8627                             3

section, if such taxpayer was liable for more than three  million  seven
hundred  fifty thousand dollars in total article twelve-A and thirteen-A
taxes during the September first, nineteen hundred  ninety  through  May
thirty-first,  nineteen  hundred  ninety-one  period, then such taxpayer
shall make payments of tax by electronic funds  transfer  [or  certified
check] in accordance with the provisions of this section.
  S  6. Subparagraph (D) of paragraph 4 of subdivision (b) of section 10
of the tax law, as added by chapter 309 of the laws of 1996, is  amended
to read as follows:
  (D)  If a taxpayer required to remit state and local sales and compen-
sating use taxes by  electronic  funds  transfer  [or  certified  check]
pursuant to the provisions of this section can demonstrate to the satis-
faction of the commissioner that (i) such taxpayer's liability for state
and  local  sales  and compensating use taxes was less than four million
dollars during the period described in paragraph one  of  this  subdivi-
sion, and (ii) in any two sales tax quarters within the most recent four
consecutive  sales  tax quarters, such taxpayer was a materialman within
the meaning of section  two  of  the  lien  law,  primarily  engaged  in
furnishing  building materials to contractors, subcontractors or repair-
men for the improvement of real property improved or to be improved with
a residential dwelling unit, and  authorized  by  such  law  to  file  a
mechanic's  lien  upon  such  real  property  and improvement, then such
taxpayer need not remit state and local sales and compensating use taxes
by electronic funds transfer [or certified check] for the  remainder  of
the  program period in accordance with the timing requirements of subdi-
vision (c) of this section, but may instead remit such  taxes  by  elec-
tronic funds transfer [or certified check] at the same time that payment
is required to be made for part-quarterly and quarterly returns required
to  be filed under article twenty-eight and pursuant to the authority of
article twenty-nine of this chapter, in the  amount  required  under  or
pursuant  to such articles at such time. The due date prescribed by this
subparagraph shall be deemed to be the applicable due date for  purposes
of  this  section  for taxpayers qualifying under this subparagraph. The
provisions of this section shall apply  to  taxpayers  qualifying  under
this  subparagraph,  except  to  the  extent  that any such provision is
either inconsistent with a provision of  this  subparagraph  or  is  not
relevant to this subparagraph.
  S  7.  Paragraph 1 of subdivision (c) of section 10 of the tax law, as
added by chapter 55 of the laws of 1992, subparagraph (A) as amended  by
chapter  129  of  the  laws  of 2000, and subparagraph (C) as amended by
chapter 38 of the laws of 1997, are amended to read as follows:
  (1) Payment by electronic funds transfer [or certified check].  On  or
before  the  third  business day following the twenty-second day of each
calendar month:
  (A) a taxpayer having liability described in subparagraph (A) of para-
graph one of subdivision (b) of this section shall, notwithstanding  any
provision  of  this  chapter  to the contrary, remit by electronic funds
transfer [or certified check]: (i) either (I)  seventy-five  percent  of
one-third  of the state and local sales and compensating use taxes prop-
erly payable by such taxpayer for the comparable quarter of the  preced-
ing year; or
  (II)  such  taxpayer's  total  liability for state and local sales and
compensating use taxes during the period ending  on  such  twenty-second
day of the month, provided, however, that in such instance no penalty or
interest  shall  be payable pursuant to paragraph two of subdivision (g)
of this section if such taxpayer timely remits a payment of  tax  in  an

A. 8627                             4

amount  not  less than ninety percent of the taxes as finally determined
to be due and payable for such period; and
  (ii)  (I)  for  payments of tax due in the month of January, February,
April, May, July, August, October or November, such taxpayer's remaining
liability, if any, for state and local sales and compensating use  taxes
for the immediately preceding calendar month; or
  (II) for payments of tax due in the month of March, June, September or
December,  such  taxpayer's  remaining  liability, if any, for state and
local sales and compensating use taxes  for  the  immediately  preceding
sales tax quarter;
  (B) a taxpayer having liability described in subparagraph (B) of para-
graph  one  of subdivision (b) of this section shall remit by electronic
funds transfer [or certified check] either:
  (i) three-fourths of the prepaid state and local sales and  compensat-
ing  use  taxes  on motor fuel and diesel motor fuel properly payable by
such taxpayer for the comparable month of the preceding year; or
  (ii) its total liability for prepaid state and local sales and compen-
sating use taxes on motor fuel and diesel motor fuel during  the  period
ending  on  such twenty-second day of the month, provided, however, that
in such instance no penalty or interest shall  be  payable  pursuant  to
paragraph two of subdivision (g) of this section if such taxpayer timely
remits a payment of tax in an amount not less than ninety percent of the
taxes as finally determined to be due and payable for such period;
  (C) a taxpayer having liability described in subparagraph (C) of para-
graph  one  of subdivision (b) of this section shall remit by electronic
funds transfer [or certified check] either:
  (i) three-fourths of the total article twelve-A and article thirteen-A
taxes properly payable by such taxpayer for the comparable month of  the
preceding year; or
  (ii)  its  total  liability for such taxes during the period ending on
such twenty-second day of the month, provided,  however,  that  in  such
instance  no  penalty or interest shall be payable pursuant to paragraph
two of subdivision (g) of this section if such taxpayer timely remits  a
payment of tax in an amount not less than ninety percent of the taxes as
finally determined to be due and payable for such period.
  S  8.  Paragraph 2 of subdivision (c) of section 10 of the tax law, as
amended by chapter 129 of the laws  of  2000,  is  amended  to  read  as
follows:
  (2)  Filing  obligations  and  payment of remaining liabilities. (A) A
taxpayer having liability described in subparagraph (A) of paragraph one
of subdivision (b) of this section shall, notwithstanding any  provision
of  this  chapter  to  the  contrary,  file  only  the quarterly returns
required under article twenty-eight and pursuant  to  the  authority  of
article  twenty-nine  of  this chapter for each of the periods for which
such returns are filed under and pursuant to the authority of such arti-
cles; provided, however, that for those months for which a return is not
required to be filed pursuant to the provisions  of  this  subparagraph,
the  making  of a payment of tax by electronic funds transfer [or certi-
fied check] covering any period shall be deemed to constitute the filing
of a return for purposes of subdivision (b) of  section  eleven  hundred
forty-seven of this chapter with respect to such period.
  (B) A taxpayer having liability described in subparagraph (B) of para-
graph  one  of  subdivision  (b)  of this section shall file the returns
required under section eleven hundred two of this chapter and shall  pay
to  the  commissioner the amounts required to be paid with such returns,
less the amounts remitted by electronic  funds  transfer  [or  certified

A. 8627                             5

check]  under  this  section,  for  each  of  the periods for which such
returns are filed under such section.
  (C) A taxpayer having liability described in subparagraph (C) of para-
graph  one  of  subdivision  (b)  of this section shall file the returns
required under and pursuant to the authority of  articles  twelve-A  and
thirteen-A of this chapter and shall pay to the commissioner the amounts
required  to  be  paid  with  such returns, less the amounts remitted by
electronic funds transfer [or certified check] under this  section,  for
each  of the periods for which such returns are filed under and pursuant
to the authority of such articles.
  S 9. Paragraph 3 of subdivision (c) of section 10 of the tax  law,  as
added by chapter 55 of the laws of 1992, is amended to read as follows:
  (3)  Payment  date[;  payment  by  certified check]. Payment of tax by
electronic funds transfer [or certified check] shall be made to a  bank,
banking  house  or  trust  company  designated  by the commissioner. The
commissioner shall designate only such banks, banking  houses  or  trust
companies  as are or shall be designated by the comptroller as deposito-
ries pursuant to section one hundred seventy-one-a of this  chapter,  as
added  by  chapter  sixty-nine  of the laws of nineteen hundred seventy-
eight. Notwithstanding any other provision of law to the  contrary,  any
electronic funds transfer shall be deemed to be made on the date payment
is  received  by  the  depository of the department[, provided, however,
that at the election of a taxpayer subject to  the  provisions  of  this
section,  mailing by the taxpayer of a certified check for the amount of
the tax liability on or before the second  business  day  prior  to  the
applicable  due  date  prescribed  by  paragraph one of this subdivision
shall fulfill the requirements with respect to payments of tax by  elec-
tronic  funds transfer prescribed by this section and shall be deemed to
be timely payment of such tax liability].
  S 10. Paragraph 4 of subdivision (c) of section 10 of the tax law,  as
amended  by  chapter  38  of  the  laws  of  1997, is amended to read as
follows:
  (4) Special payment rule. If a taxpayer is liable for payment of taxes
described in two or more of subparagraphs (A), (B) and (C) of  paragraph
one  of  subdivision  (b) of this section, then such taxpayer shall make
separate payment by electronic funds transfer [or  certified  check]  of
the taxes described in each of such subparagraphs.
  S  11.  The  opening paragraph of subdivision (d) of section 10 of the
tax law, as amended by chapter 2 of the laws of 1995, is amended to read
as follows:
  Enrollment and initial  payment;  duration  of  participation.  Within
forty-five  days after each June first, the commissioner shall notify by
certified or registered mail all taxpayers required  to  participate  in
the  program  prescribed  by  this  section.  Such  notice shall contain
language advising the taxpayer of the enrollment procedure  and  of  the
consequences  of  failure  to  enroll  in  such program, as well as of a
taxpayer's right to challenge such  determination  of  required  partic-
ipation provided a hearing is requested within forty days of the mailing
of  such  notice. If a taxpayer does not enroll within forty days of the
mailing of such certified or registered notice of required participation
or where a taxpayer's challenge is not sustained and  the  taxpayer  has
not  enrolled  within ten days of notification thereof, the commissioner
shall mail another  notice,  in  addition  to  making  other  reasonable
attempts,  to  inform  the  taxpayer  of the civil penalty that has been
assessed pursuant to paragraph one of subdivision (g) of  this  section,
of  the  opportunity  for  abatement  of such penalty, and of the future

A. 8627                             6

penalties that may result from continued failure to enroll  and  failure
to  pay  by  electronic  funds transfer [or certified check] or to file;
provided, however, that for the program period beginning December first,
nineteen   hundred  ninety-two  through  August  thirty-first,  nineteen
hundred ninety-three, the thirty-day period referred to in this sentence
shall be read as forty-five  days.  A  taxpayer  shall  make  its  first
payment  of  tax by electronic funds transfer [or certified check] on or
before the applicable due date prescribed by  subdivision  (c)  of  this
section  for  the  month of December in nineteen hundred ninety-two, the
month of September in nineteen hundred ninety-three  and  the  month  of
September  for  any  year  thereafter. Unless otherwise provided by this
section, such taxpayer shall continue to make payments of tax  by  elec-
tronic  funds  transfer  [or  certified  check]  in  accordance with the
provisions of this section through the succeeding month  of  August  and
shall  continue to make such payments of tax for each succeeding Septem-
ber-to-August period where such taxpayer meets the criteria of  subdivi-
sion  (b)  of  this section and is properly notified by the commissioner
pursuant to the enrollment provisions of this  subdivision.    Provided,
however, that:
  S  12.    Subdivision  (e) of section 10 of the tax law, as amended by
chapter 38 of the laws of 1997, is amended to read as follows:
  (e) Voluntary participation. A taxpayer who is not required to partic-
ipate in the program prescribed by this section but who is  required  to
remit  any  of  the  taxes  specified in subparagraph (A), (B) or (C) of
paragraph one of subdivision (b) of this section may file a request with
the commissioner to remit any of such taxes by electronic funds transfer
[or certified check] in accordance with the provisions of this  section.
Such  request  shall  be in a form as the commissioner shall require and
shall be granted under such conditions as the commissioner in his or her
discretion shall deem necessary.
  S 13. Paragraph 2 of subdivision (g) of section 10 of the tax law,  as
amended  by  chapter  129  of  the  laws  of 2000, is amended to read as
follows:
  (2) Failure to pay  or  late  payment.  (A)  A  taxpayer  required  or
approved  to  participate  in the program prescribed by this section who
fails to make a payment of tax by electronic funds transfer  [or  certi-
fied  check] on or before the applicable due date prescribed by subdivi-
sion (c) of this section, or who fails to pay any  tax  required  to  be
remitted on or before such applicable due date shall, in the case of the
taxes  imposed  pursuant  to  article  twenty-eight  and pursuant to the
authority of article twenty-nine of this chapter, be liable for  penalty
and  interest  as  prescribed by subparagraphs (i) and (ii) of paragraph
one of subdivision (a) of section  eleven  hundred  forty-five  of  this
chapter,  and  in  the  case of the taxes imposed by and pursuant to the
authority of articles twelve-A and thirteen-A of this chapter, be liable
for penalty and interest as prescribed by  paragraphs  (a)  and  (b)  of
subdivision one of section two hundred eighty-nine-b of this chapter.
  (B) Notwithstanding any provision of law to the contrary, if a taxpay-
er  described in subparagraph (B) or (C) of paragraph one of subdivision
(b) of this section fails to make a payment of tax by  electronic  funds
transfer  [or  certified  check]  on  or  before the applicable due date
prescribed by subdivision (c) of this section or fails to  pay  any  tax
required  to  be  remitted  on  or  before  such applicable due date, as
prescribed by subparagraph (A) of this paragraph, and also fails to  pay
or  pay over to the commissioner the amounts required to be paid or paid
over with the applicable return described in paragraph two  of  subdivi-

A. 8627                             7

sion  (c)  of this section due the twentieth day of the following month,
then penalty and interest for such additional failure,  as  provided  by
subparagraphs  (i)  and  (ii)  of  paragraph  one  of subdivision (a) of
section  eleven hundred forty-five of this chapter or paragraphs (a) and
(b) of subdivision one of section  two  hundred  eighty-nine-b  of  this
chapter,  as  the  case may be, shall be computed on the amount equal to
the difference between the total of the amount of tax due or  determined
to  be  due with such return and the total of the amount of tax required
to be paid by electronic funds  transfer  [or  certified  check]  on  or
before  the  applicable  due  date prescribed by subdivision (c) of this
section for the preceding month.
  S 14. This act shall take effect immediately and apply to payments  of
tax required to be made on or after the thirtieth day following the date
on  which this bill shall have become a law; provided, however, that the
commissioner of taxation and finance may promulgate any rules  or  regu-
lations necessary for implementation of this act on an emergency basis.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A8627

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-A8627 (ACTIVE) - Details

2009-A8627 (ACTIVE) - Summary

2009-A8627 (ACTIVE) - Sponsor Memo

2009-A8627 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A8627

Assembly Bill A8627

Share this bill

Sponsored By

FARRELL

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-A8627 (ACTIVE) - Details

2009-A8627 (ACTIVE) - Summary

2009-A8627 (ACTIVE) - Sponsor Memo

2009-A8627 (ACTIVE) - Bill Text download pdf

Comments