S T A T E O F N E W Y O R K
________________________________________________________________________
8344
2023-2024 Regular Sessions
I N A S S E M B L Y
December 13, 2023
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Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to requiring a sales tax educa-
tion course for new businesses and lowering the statute of limitations
for sales tax liability to ten years
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 1149 to read
as follows:
§ 1149. SALES TAX EDUCATION COURSE. THE COMMISSIONER SHALL CREATE AN
ONLINE COURSE TO EDUCATE NEW BUSINESSES ON THE PROCESS OF IMPOSING AND
COLLECTING SALES TAX. SUCH ONLINE COURSE SHALL INCLUDE AN EXAMINATION.
UPON COMPLETION OF SUCH ONLINE COURSE, NEW BUSINESSES SHALL RECEIVE A
CERTIFICATION IN A FORM AND MANNER TO BE DETERMINED BY THE COMMISSIONER.
UPON THE FIRST PAYMENT OF SALES TAX TO THE STATE, EACH NEW BUSINESS
SHALL BE REQUIRED TO PROVIDE PROOF OF SUCH CERTIFICATION.
§ 2. Section 174-b of the tax law is amended by adding a new subdivi-
sion 1-a to read as follows:
1-A. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, BEGINNING APRIL
FIRST, TWO THOUSAND TWENTY-FOUR:
(A) A SALES TAX LIABILITY SHALL NOT BE ENFORCEABLE AND EVERY SUCH TAX
LIABILITY SHALL BE EXTINGUISHED AFTER TEN YEARS FROM THE FIRST DATE A
WARRANT COULD BE FILED BY THE COMMISSIONER, IF THE WARRANT FOR SUCH TAX
LIABILITY WAS FILED BY THE COMMISSIONER AFTER APRIL FIRST, TWO THOUSAND
FOURTEEN.
(B) A SALES TAX LIABILITY SHALL NOT BE ENFORCEABLE AND EVERY SUCH TAX
LIABILITY SHALL BE EXTINGUISHED AFTER FIFTEEN YEARS FROM THE FIRST DATE
A WARRANT COULD BE FILED BY THE COMMISSIONER, IF THE WARRANT FOR SUCH
TAX LIABILITY WAS FILED BY THE COMMISSIONER AFTER APRIL FIRST, TWO THOU-
SAND NINE AND ON OR BEFORE APRIL FIRST, TWO THOUSAND FOURTEEN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13465-01-3
A. 8344 2
(C) A SALES TAX LIABILITY SHALL NOT BE ENFORCEABLE AND EVERY SUCH
SALES TAX LIABILITY SHALL BE EXTINGUISHED ON APRIL FIRST, TWO THOUSAND
TWENTY-FOUR, IF THE WARRANT FOR SUCH TAX LIABILITY WAS FILED BY THE
COMMISSIONER ON OR BEFORE APRIL FIRST, TWO THOUSAND NINE.
§ 3. This act shall take effect on April 1, 2024. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made on or before such effective date.