Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 17, 2011 |
signed chap.469 |
Aug 05, 2011 |
delivered to governor |
Jun 17, 2011 |
returned to senate passed assembly ordered to third reading rules cal.447 substituted for a8180 |
Jun 15, 2011 |
referred to ways and means delivered to assembly passed senate |
Jun 14, 2011 |
advanced to third reading |
Jun 13, 2011 |
2nd report cal. |
Jun 07, 2011 |
1st report cal.1101 |
Jun 02, 2011 |
print number 3945a |
Jun 02, 2011 |
amend and recommit to finance |
May 24, 2011 |
reported and committed to finance |
Mar 10, 2011 |
referred to investigations and government operations |
Senate Bill S3945
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
Bill Amendments
2011-S3945 - Details
- Law Section:
- Tax Law
- Laws Affected:
- Amd §171, Tax L
2011-S3945 - Sponsor Memo
BILL NUMBER:S3945 TITLE OF BILL: An act to amend the tax law, in relation to reforming the offer-in-compromise program PURPOSE OF BILL: This bill would reform the offer-in-compromise program of the Department of Taxation and Finance ("Tax Department") by adopting standards for assisting all deserving taxpayers, while at the same time protecting the interests of the State. SUMMARY OF PROVISIONS: Section 1 of this bill would amend subdivision Fifteenth of Tax Law 171 to allow tax debtors to apply for an offer in compromise for a fixed and final liability of a tax or other imposition administered by the Commissioner of Taxation and Finance if collection in full would cause them undue economic hardship. This would be in addition to those cases in which tax debtors may apply for an offer in compromise under current law: when they are insolvent or discharged from a bankruptcy proceeding to apply for an offer in compromise, The amount payable through an offer in compromise would no longer be
2011-S3945 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3945 2011-2012 Regular Sessions I N S E N A T E March 10, 2011 ___________ Introduced by Sen. DeFRANCISCO -- (at request of the Department of Taxa- tion and Finance) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the tax law, in relation to reforming the offer-in-com- promise program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision fifteenth of section 171 of the tax law, as amended by chapter 513 of the laws of 2002, is amended to read as follows: Fifteenth. Have authority to compromise any taxes OR OTHER IMPOSITIONS or any warrant or judgment for taxes OR OTHER IMPOSITIONS administered by the commissioner, and the penalties and interest in connection there- with, if the tax debtor has been discharged in bankruptcy, [or] is shown by proofs submitted to be insolvent, [but] OR SHOWS BY PROOFS THAT COLLECTION IN FULL WOULD CAUSE THE TAX DEBTOR UNDUE ECONOMIC HARDSHIP, PROVIDED THAT the amount payable in compromise [shall in no event be less than the amount, if any, recoverable through legal proceedings, and provided that where] REASONABLY REFLECTS COLLECTION POTENTIAL OR IS OTHERWISE JUSTIFIED BY THE PROOFS OFFERED BY THE TAX DEBTOR. PROVIDED, FURTHER, THE COMMISSIONER SHALL NOT ACCEPT ANY AMOUNT PAYABLE IN COMPRO- MISE THAT WOULD UNDERMINE COMPLIANCE WITH THE TAXES OR OTHER IMPOSITIONS ADMINISTERED BY THE COMMISSIONER, NOR SHALL THE COMMISSIONER ENTER INTO ANY OFFER OF COMPROMISE THAT WOULD BE ADVERSE TO THE BEST INTERESTS OF THE STATE. WHERE the amount owing for taxes OR OTHER IMPOSITIONS or the warrant or judgment, exclusive of any penalties and interest, is more than one hundred thousand dollars, such compromise shall be effective only when approved by a justice of the supreme court. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09464-01-1 S. 3945 2
2011-S3945A (ACTIVE) - Details
- Law Section:
- Tax Law
- Laws Affected:
- Amd §171, Tax L
2011-S3945A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3945A REVISED 06/06/11 TITLE OF BILL: An act to amend the tax law, in relation to reforming the offer-in-compromise program PURPOSE OF BILL: This bill would reform the offer-in-compromise program of the Department of Taxation and Finance ("Tax Department") by adopting standards for assisting all deserving taxpayers, while at the same time protecting the interests of the State. SUMMARY OF PROVISIONS: Section 1 of this bill would amend subdivision Fifteenth of Tax Law 171 to allow tax debtors to apply for an offer in Compromise for a fixed and final liability of a tax or other imposition administered by the Commissioner of Taxation and Finance if collection in full would cause them undue economic hardship. This would be in addition to those cases in which tax debtors may apply for an offer in compromise under current law: when they are insolvent or discharged from a bankruptcy proceeding to apply for an offer in Compromise. The amount payable through an offer in compromise would no longer be limited to the amount recoverable through legal proceedings but would need to be an amount reasonably reflecting collection potential or be otherwise justified by the tax debtor. No offer in compromise would
2011-S3945A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3945--A 2011-2012 Regular Sessions I N S E N A T E March 10, 2011 ___________ Introduced by Sen. DeFRANCISCO -- (at request of the Department of Taxa- tion and Finance) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to reforming the offer-in-com- promise program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision fifteenth of section 171 of the tax law, as amended by chapter 513 of the laws of 2002, is amended to read as follows: Fifteenth. Have authority to compromise any taxes OR OTHER IMPOSITIONS or any warrant or judgment for taxes OR OTHER IMPOSITIONS administered by the commissioner, and the penalties and interest in connection there- with, if the tax debtor has been discharged in bankruptcy, [or] is shown by proofs submitted to be insolvent, [but] OR SHOWS BY PROOFS THAT COLLECTION IN FULL WOULD CAUSE THE TAX DEBTOR UNDUE ECONOMIC HARDSHIP, PROVIDED THAT the amount payable in compromise [shall in no event be less than the amount, if any, recoverable through legal proceedings, and provided that where] REASONABLY REFLECTS COLLECTION POTENTIAL OR IS OTHERWISE JUSTIFIED BY THE PROOFS OFFERED BY THE TAX DEBTOR. PROVIDED, FURTHER, THE COMMISSIONER SHALL NOT ACCEPT ANY AMOUNT PAYABLE IN COMPRO- MISE THAT WOULD UNDERMINE COMPLIANCE WITH THE TAXES OR OTHER IMPOSITIONS ADMINISTERED BY THE COMMISSIONER, NOR SHALL THE COMMISSIONER ENTER INTO ANY OFFER OF COMPROMISE THAT WOULD BE ADVERSE TO THE BEST INTERESTS OF THE STATE. WHERE the amount owing for taxes OR OTHER IMPOSITIONS or the warrant or judgment, exclusive of any penalties and interest, is more than one hundred thousand dollars, such compromise shall be effective only when approved by a justice of the supreme court. THE COMMISSIONER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09464-02-1
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.