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This entry was published on 2020-04-17
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Employer election
§ 851. Employer election. (a) Any employer who employs covered
employees in the state shall be allowed to make an annual election to be
taxed under this article.

(b) In order to be effective, the annual election must be made by (1)
if the employer is not a corporation, by any member, owner, or other
individual with authority to bind the entity or sign returns required
pursuant to section six hundred fifty-three of this chapter; or (2) if
the employer is a for-profit or not-for-profit corporation, by any
officer or manager of the employer who is authorized under the law of
the state where the corporation is incorporated or under the employer's
organizational documents to make the election and who represents to
having such authorization under penalty of perjury; or (3) if the
employer is a trust, by the unanimous consent of all trustees; or (4) if
the employer is a governmental entity, by the chief executive officer of
such governmental entity.

(c) The annual election must be made by December first of each
calendar year and will take effect for the immediately succeeding
calendar year. If an election is made after December first of a
calendar year, it will first take effect in the second succeeding
calendar year.

(d) If an employer determines that the election made pursuant to
subsection (b) of this section was in error and such employer does not
wish to participate in the program for the calendar year and has taken
no action to comply with the requirements of this article, the employer
may revoke the election to participate in the program. For the calendar
year two thousand twenty, such revocation of the employer election may
be made on or before April fifteenth, two thousand twenty. For calendar
years beginning two thousand twenty-one and thereafter, such revocation
of the employer election must be made no later than January fifteenth of
the immediately succeeding calendar year after the employer election was