Senate Bill S2884A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2884--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens. TEDISCO, ROBACH -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and  Government Operations -- recommitted to the Committee on Investi-
   gations and Government Operations in accordance with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the tax law and the administrative code of the  city  of
   New  York, in relation to taxable estates; and to repeal article 26 of
   the tax law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 26 of the tax law is REPEALED.
   § 2. Section 1825 of the tax law, as amended by section 20 of part AAA
 of chapter 59 of the laws of 2017, is amended to read as follows:
   §  1825.  Violation  of secrecy provisions of the tax law.--Any person
 who violates the provisions of subdivision (b)  of  section  twenty-one,
 subdivision one of section two hundred two, subdivision eight of section
 two  hundred  eleven, subdivision (a) of section three hundred fourteen,
 subdivision one or two of section  four  hundred  thirty-seven,  section
 four  hundred  eighty-seven,  subdivision  one  or  two  of section five
 hundred fourteen, subsection (e) of section  six  hundred  ninety-seven,
 [subsection (a) of section nine hundred ninety-four,] subdivision (a) of
 section  eleven  hundred forty-six, section twelve hundred eighty-seven,
 section twelve hundred ninety-six, subdivision (a) of  section  fourteen
 hundred  eighteen,  subdivision (a) of section fifteen hundred eighteen,
 subdivision (a) of section fifteen hundred fifty-five of  this  chapter,
 and subdivision (e) of section 11-1797 of the administrative code of the
 city of New York shall be guilty of a misdemeanor.
   §  3. Subdivision (r) of section 11-1712 of the administrative code of
 the city of New York, as relettered by section 60 of chapter 639 of  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06351-02-8
              

 S. 2884--A                          2
 
 laws of 1986 and such section as renumbered by section 43 of chapter 639
 of the laws of 1986, is amended to read as follows:
   (r)  In  the  case of a sale or other disposition of property acquired
 from a decedent and valued by the executor of the estate of  such  dece-
 dent  [for  the  purposes of the tax under article twenty-six of the tax
 law (i) pursuant to paragraph two of  subsection  (b)  of  section  nine
 hundred  fifty-four  of  the  tax  law, or (ii) pursuant to section nine
 hundred fifty-four-a of the tax law,] where such estate was insufficient
 to require the filing of a federal estate tax return, the amount  neces-
 sary to properly reflect the gain or loss from such sale or other dispo-
 sition  which  would have been realized under this chapter, had[, in the
 case of clause (i) of this subdivision,] a  federal  estate  tax  return
 been filed similarly valuing such property pursuant to section two thou-
 sand  thirty-two of the internal revenue code, or [in the case of clause
 (ii) of this subdivision,] pursuant to section two thousand thirty-two-A
 of such code.
   § 4. This act shall take effect immediately.