Senate Bill S5970

2009-2010 Legislative Session

Makes technical corrections relating to registration of tax return preparers and refund anticipation loans

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

Do you support this bill?

Please enter your contact information

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

2009-S5970 (ACTIVE) - Details

See Assembly Version of this Bill:
A8959
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §32, Tax L; amd §§371 & 372, Gen Bus L

2009-S5970 (ACTIVE) - Summary

Makes technical corrections relating to registration of tax return preparers and refund anticipation loans.

2009-S5970 (ACTIVE) - Sponsor Memo

2009-S5970 (ACTIVE) - Bill Text download pdf

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

                                  5970

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the tax law and the general business law, in relation to
  tax return preparers and refund anticipation loans

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

  Section 1. Paragraphs 6, 10 and 11 of subdivision (a) of section 32 of
the tax law, as added by section 2 of part VV of chapter 59 of the  laws
of 2009, are amended to read as follows:
  (6) "Facilitator" means a person who individually or in conjunction or
cooperation  with another person: (a) [solicits the execution of,] proc-
esses, receives, or accepts an application or  agreement  for  a  refund
anticipation  loan [or refund anticipation check, (b) serves or collects
upon a refund anticipation loan or refund anticipation check]; or  [(c)]
(B)  in any other manner facilitates the making of a refund anticipation
loan [or refund anticipation check]. This term excludes any employees of
a facilitator who provide only  clerical  or  other  comparable  support
services  to  such  facilitator.    THIS TERM ALSO EXCLUDES A PERSON WHO
MAKES A REFUND ANTICIPATION LOAN OR  A  REFUND  ANTICIPATION  CHECK,  AN
AFFILIATE  THAT  IS A SERVICER FOR SUCH A PERSON, OR ANY PERSON WHO DOES
NOT HAVE DIRECT CONTACT WITH A TAXPAYER IN CONNECTION WITH APPLYING  FOR
OR OBTAINING A REFUND ANTICIPATION LOAN OR A REFUND ANTICIPATION CHECK.
  (10)  "Refund anticipation check" means a check, stored value card, or
other payment mechanism [which: (a) represents the  proceeds  of  a  tax
refund;  (b) was issued by a depository institution or other person that
received a direct deposit of the tax refund or tax credits;  and  (c)  a
fee  or  other  consideration  is  paid  for such payment mechanism] (A)
CONTAINING THE PROCEEDS OF A TAX REFUND DEPOSITED OR ISSUED BY  THE  IRS
OR STATE TAXING AUTHORITY INTO AN ACCOUNT NOT OWNED BY THE TAXPAYER; (B)
WHICH  WAS  ISSUED  BY  A  DEPOSITORY  INSTITUTION  OR OTHER PERSON THAT
RECEIVED A DIRECT DEPOSIT OF THE TAX REFUND OR TAX CREDITS DIRECTLY FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14396-01-9
              

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.