S T A T E O F N E W Y O R K
________________________________________________________________________
6700
2011-2012 Regular Sessions
I N A S S E M B L Y
March 25, 2011
___________
Introduced by M. of A. TENNEY -- 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.
LBD09834-01-1
A. 6700 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.
S 2. This act shall take effect January 1, 2012, and shall apply to
all taxes required to be deducted and withheld on and after such date.