Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to investigations and government operations |
Jun 07, 2011 |
reported and committed to finance |
May 02, 2011 |
referred to investigations and government operations |
Senate Bill S4944
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
2011-S4944 (ACTIVE) - Details
2011-S4944 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4944 TITLE OF BILL: An act to amend the tax law, in relation to establishing the recordkeeping voluntary compliance program for purposes of sales tax liability PURPOSE: This bill would adds a new section 1135-a to the tax law to require the establishment of a sales tax recordkeeping voluntary compliance program which will provide an incentive for taxpayers to facilitate and modernize their recordkeeping ability for purposes of complying with the state sales tax law. SUMMARY OF PROVISIONS: This bill would add a new section 1135-a to the tax law to require that the Commissioner of Taxation and Finance develop and administer a voluntary recordkeeping sales tax compliance program which would allow the Commissioner to enter into agreements with eligible taxpayers and require that they maintain books and records for purposes of complying with the sales tax in the future which may include, but is not limited to the use of a point of sale system. A new tax law section 1138 is also added to provide that a taxpayer who is a party to a recordkeeping voluntary compliance agreement may not be subject to an estimation of sales taxes due which is based
2011-S4944 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4944 2011-2012 Regular Sessions I N S E N A T E May 2, 2011 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the tax law, in relation to establishing the recordkeep- ing voluntary compliance program for purposes of sales tax liability THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The tax law is amended by adding a new section 1135-a to read as follows: S 1135-A. RECORDKEEPING VOLUNTARY COMPLIANCE PROGRAM. 1. NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THERE SHALL BE ESTABLISHED A RECORDKEEPING VOLUNTARY COMPLIANCE PROGRAM TO BE ADMINIS- TERED BY THE COMMISSIONER, FOR ALL ELIGIBLE TAXPAYERS. 2. FOR PURPOSES OF THIS SECTION, AN "ELIGIBLE TAXPAYER" IS AN INDIVID- UAL, PARTNERSHIP, ESTATE, TRUST, CORPORATION, LIMITED LIABILITY COMPANY, JOINT STOCK COMPANY, OR ANY OTHER COMPANY, TRUSTEE, RECEIVER, ASSIGNEE, REFEREE, SOCIETY, ASSOCIATION, BUSINESS OR ANY OTHER PERSON SUBJECT TO SALES TAX IMPOSED BY OR PURSUANT TO THE AUTHORITY OF THIS CHAPTER. 3. THE COMMISSIONER IS AUTHORIZED TO ENTER INTO A RECORDKEEPING VOLUN- TARY COMPLIANCE AGREEMENT WITH AN ELIGIBLE TAXPAYER. A RECORDKEEPING VOLUNTARY COMPLIANCE AGREEMENT SHALL BE IN A FORM TO BE ESTABLISHED BY THE COMMISSIONER AND INCLUDE SUCH TERMS AS THE COMMISSIONER MAY REASON- ABLY REQUIRE TO REQUIRE THE ELIGIBLE TAXPAYER TO MAINTAIN BOOKS AND RECORDS IN A FORM PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE OF THIS PART AND TO COMPLY WITH THIS CHAPTER IN THE FUTURE INCLUDING, BUT NOT LIMITED TO REQUIRING THE USE OF CERTIFIED POINT OF SALES SYSTEMS. S 2. Section 1138 of the tax law is amended by adding a new subdivi- sion (e) to read as follows: (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A TAXPAYER THAT IS A PARTY TO A RECORDKEEPING VOLUNTARY COMPLIANCE AGREE- MENT PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE-A OF THIS PART SHALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11114-01-1
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