S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6408
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 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.
              

                                                            LBD08840-01-1

 S. 6408                             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.
   § 2. This act shall take effect January 1, 2022, and  shall  apply  to
 all taxes required to be deducted and withheld on and after such date.