Bill Text: NY A01312 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires the registration of tax preparers; defines terms; relates to confidentiality of information; establishes civil and criminal penalties; authorizes the commissioner of taxation and finance to promulgate any necessary rules and regulations.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2012-01-04 - referred to ways and means [A01312 Detail]
Download: New_York-2011-A01312-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1312
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. JEFFRIES, McDONOUGH, CASTRO, JAFFEE -- read once
and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to registration of tax prepar-
ers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The tax law is amended by adding a new article 24 to read
2 as follows:
3 ARTICLE 24
4 REGISTRATION OF TAX PREPARERS
5 SECTION 820. DEFINITIONS.
6 821. REGISTRATION OF TAX PREPARERS.
7 822. SURETY AND NOTICE REQUIREMENTS.
8 823. CONFIDENTIALITY OF INFORMATION.
9 824. HANDLING AND RETENTION OF DOCUMENTS.
10 825. RESPONSIBILITIES OF TAX PREPARERS; VIOLATIONS; CIVIL AND
11 CRIMINAL PENALTIES.
12 826. REGULATIONS.
13 S 820. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
14 (1) THE TERM "TAX PREPARER" SHALL MEAN (A) A PERSON WHO, FOR A FEE OR
15 FOR OTHER CONSIDERATION, ASSISTS WITH OR PREPARES FIVE OR MORE TAX
16 RETURNS FOR OTHER PERSONS IN ANY ONE YEAR OR WHO ASSUMES FINAL RESPONSI-
17 BILITY FOR COMPLETED WORK ON SUCH RETURNS ON WHICH PRELIMINARY WORK HAS
18 BEEN DONE BY OTHER PERSONS, OR WHO HOLDS HIMSELF OR HERSELF OUT AS
19 OFFERING THOSE SERVICES. A PERSON ENGAGED IN THAT ACTIVITY SHALL BE
20 DEEMED TO BE A SEPARATE PERSON FOR THE PURPOSES OF THIS ARTICLE, IRRE-
21 SPECTIVE OF AFFILIATION WITH, OR EMPLOYMENT BY, ANOTHER TAX PREPARER;
22 AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04625-01-1
A. 1312 2
1 (B) A CORPORATION, PARTNERSHIP, ASSOCIATION, OR OTHER ENTITY THAT HAS
2 ASSOCIATED WITH IT PERSONS NOT EXEMPTED UNDER SUBDIVISION TWO OF THIS
3 SECTION, WHICH PERSONS SHALL HAVE AS PART OF THEIR RESPONSIBILITIES THE
4 PREPARATION OF DATA AND ULTIMATE SIGNATORY AUTHORITY ON TAX RETURNS, AND
5 WHO ASSIST WITH OR PREPARE FIVE OR MORE TAX RETURNS FOR A FEE OR OTHER
6 CONSIDERATION IN ANY ONE YEAR, OR THAT HOLDS ITSELF OUT AS OFFERING
7 THOSE SERVICES OR HAVING THAT AUTHORITY.
8 (2) NOTWITHSTANDING THE FOREGOING, THE TERM "TAX PREPARER" DOES NOT
9 INCLUDE:
10 (A) ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PUBLIC
11 ACCOUNTANCY, OR OTHERWISE SUBJECT TO THE PROVISIONS OF ARTICLE ONE
12 HUNDRED FORTY-NINE OF THE EDUCATION LAW, AND HIS OR HER EMPLOYEES WHILE
13 FUNCTIONING WITHIN THE SCOPE OF THEIR EMPLOYMENT.
14 (B) ANY PERSON ADMITTED TO PRACTICE LAW IN THIS STATE WHERE THE PERSON
15 RENDERS SERVICE WITHIN THE COURSE AND SCOPE OF HIS OR HER PRACTICE AS AN
16 ATTORNEY AT LAW, AND HIS OR HER EMPLOYEES WHILE FUNCTIONING WITHIN THE
17 SCOPE OF THEIR EMPLOYMENT.
18 (C) ANY FINANCIAL INSTITUTION REGULATED BY THE STATE OR FEDERAL
19 GOVERNMENT, AND EMPLOYEES THEREOF, INSOFAR AS THE ACTIVITIES OF THE
20 EMPLOYEES ARE RELATED TO THEIR EMPLOYMENT AND THE ACTIVITIES OF THE
21 FINANCIAL INSTITUTION WITH RESPECT TO TAX PREPARATION ARE SUBJECT TO
22 FEDERAL OR STATE EXAMINATION OR OVERSIGHT.
23 (D) ANY OTHER PERSON, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER
24 ENTITY SUBJECT TO THE PROVISIONS OF THE BANKING LAW AND SUBJECT TO EXAM-
25 INATION, OVERSIGHT OR SUPERVISION BY THE BANKING DEPARTMENT, AND THE
26 EMPLOYEES THEREOF WHILE FUNCTIONING WITHIN THE SCOPE OF THEIR EMPLOY-
27 MENT.
28 (E) A PERSON WHO IS ENROLLED TO PRACTICE BEFORE THE INTERNAL REVENUE
29 SERVICE PURSUANT TO FEDERAL LAW AND REGULATIONS, AND HIS OR HER EMPLOY-
30 EES WHILE FUNCTIONING WITHIN THE SCOPE OF THEIR EMPLOYMENT.
31 (F) WHILE ACTING AS SUCH, ANY FIDUCIARY, OR THE EMPLOYEES THEREOF,
32 ACTING ON BEHALF OF THE FIDUCIARY ESTATE, THE TESTATOR, GRANTOR, OR
33 BENEFICIARIES THEREOF.
34 (G) A PERSON WHO, AS PART OF THE REGULAR DUTIES OF HIS OR HER EMPLOY-
35 MENT, PREPARES HIS OR HER EMPLOYER'S INCOME, SALES, PAYROLL OR OTHER TAX
36 RETURNS.
37 (H) A PERSON OR ENTITY THAT ASSISTS WITH OR PREPARES TAX RETURNS WITH-
38 OUT REQUIRING THE PAYMENT OF FEES OR OTHER CONSIDERATIONS FROM THE
39 TAXPAYERS ON WHOSE BEHALF THE RETURNS ARE PREPARED.
40 (3) THE TERM "TAX RETURN" SHALL MEAN A RETURN, DECLARATION, STATEMENT,
41 REFUND, CLAIM, OR OTHER DOCUMENT REQUIRED TO BE MADE OR FILED IN
42 CONNECTION WITH STATE OR FEDERAL INCOME TAXES OR STATE BANK AND CORPO-
43 RATION FRANCHISE TAXES.
44 (4) THE TERM "CLIENT" SHALL MEAN AN INDIVIDUAL FOR WHOM A TAX PREPARER
45 PERFORMS OR AGREES TO PERFORM TAX PREPARATION SERVICES.
46 S 821. REGISTRATION OF TAX PREPARERS. (1) EXCEPT AS OTHERWISE PROVIDED
47 IN THIS ARTICLE OR AS OTHERWISE PERMITTED BY LAW, NO PERSON SHALL, FOR A
48 FEE OR FOR OTHER CONSIDERATION, ASSIST WITH OR PREPARE FIVE OR MORE TAX
49 RETURNS FOR OTHER PERSONS, ASSUME FINAL RESPONSIBILITY FOR COMPLETED
50 WORK ON A RETURN ON WHICH PRELIMINARY WORK HAS BEEN DONE BY ANOTHER
51 PERSON, IN ANY ONE YEAR, OR HOLD HIMSELF OR HERSELF OUT AS OFFERING SUCH
52 SERVICES FOR A FEE OR OTHER COMPENSATION, UNLESS SUCH PERSON
53 (A) HAS APPLIED FOR AND RECEIVED A REGISTRATION FROM THE DEPARTMENT
54 PURSUANT TO THIS ARTICLE; OR
55 (B) EMPLOYS ONE OR MORE REGISTERED TAX PREPARERS WHO ARE SOLELY
56 RESPONSIBLE FOR PROVIDING SUCH SERVICES.
A. 1312 3
1 (2) TO QUALIFY FOR REGISTRATION AS A TAX PREPARER, AN APPLICANT SHALL
2 FULFILL THE FOLLOWING REQUIREMENTS:
3 (A) APPLICATION: HAVE FILED AN APPLICATION WITH THE DEPARTMENT;
4 (B) EDUCATION: HAVE SATISFIED THE EDUCATION REQUIREMENTS SET FORTH IN
5 SUBDIVISION THREE OF THIS SECTION;
6 (C) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
7 (D) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
8 MENT;
9 (E) CODE OF ETHICS: AGREE IN WRITING TO COMPLY WITH THE CODE OF ETHICS
10 ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION EIGHT HUNDRED TWENTY-SIX
11 OF THIS ARTICLE; AND
12 (F) FEE: PAY A FEE OF SEVENTY-FIVE DOLLARS TO THE DEPARTMENT FOR
13 APPLICATION AND REGISTRATION. THE COMMISSIONER SHALL DETERMINE BY REGU-
14 LATION THE AMOUNT OF SUCH FEE, IF ANY, THAT IS REFUNDABLE AND THE
15 CIRCUMSTANCES UNDER WHICH A REFUND WILL BE MADE. IF THE COMMISSIONER
16 DETERMINES THAT A DIFFERENT FEE IS NEEDED TO DEFRAY THE COSTS OF ADMIN-
17 ISTERING THIS ARTICLE, HE OR SHE MAY PROVIDE FOR A DIFFERENT FEE AMOUNT
18 BY REGULATION; PROVIDED, HOWEVER, THAT ANY REGULATIONS THAT CHANGE THE
19 AMOUNT OF THE FEE SHALL APPLY ONLY ON A PROSPECTIVE BASIS.
20 (3) THE COMMISSIONER SHALL ESTABLISH THE EDUCATIONAL REQUIREMENTS FOR
21 REGISTRATION BY REGULATION. SUCH REGULATIONS SHALL REQUIRE THE
22 COMPLETION OF A MINIMUM OF SIXTY HOURS OF INSTRUCTION IN BASIC PERSONAL
23 INCOME TAX LAW, THEORY AND PRACTICE, AND ETHICS, OFFERED BY A CURRICULUM
24 PROVIDER APPROVED BY THE DEPARTMENT. OF THE REQUIRED SIXTY HOURS,
25 FORTY-FIVE HOURS SHALL BE CONCERNED WITH FEDERAL TAX CURRICULUM AND
26 FIFTEEN HOURS SHALL BE CONCERNED WITH STATE TAX CURRICULUM. THE DEPART-
27 MENT MAY WAIVE SUCH EDUCATIONAL REQUIREMENTS WHERE AN APPLICANT HAS
28 ESTABLISHED HIS OR HER TECHNICAL COMPETENCY AND KNOWLEDGE BY OBTAINING A
29 CREDENTIAL FROM A NATIONALLY RECOGNIZED CREDENTIALING BODY IN ACCOUNTAN-
30 CY OR TAXATION AND SATISFACTORY TO THE DEPARTMENT.
31 (4) AN INITIAL REGISTRATION AND EACH RENEWAL OF SUCH REGISTRATION
32 SHALL BE VALID FOR A PERIOD OF ONE YEAR. AN APPLICANT FOR RENEWAL OF
33 REGISTRATION SHALL MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
34 SECTION; PROVIDED, HOWEVER, THAT THE CONTINUING EDUCATION REQUIREMENTS
35 FOR RENEWAL SHALL BE THE COMPLETION ON AN ANNUAL BASIS OF NOT LESS THAN
36 TWENTY HOURS OF CONTINUING EDUCATION, INCLUDING TWELVE HOURS IN FEDERAL
37 TAXATION, FOUR HOURS IN NEW YORK TAXATION AND AN ADDITIONAL FOUR HOURS
38 IN EITHER FEDERAL, NEW YORK OR LOCAL GOVERNMENT TAXATION FROM AN
39 APPROVED CURRICULUM PROVIDER. IN LIEU OF MEETING THE CONTINUING EDUCA-
40 TION REQUIREMENTS FOR RENEWAL, THE DEPARTMENT MAY ACCEPT EVIDENCE THAT
41 THE TAX PREPARER HAS OBTAINED OR MAINTAINED THE VALIDITY OF A CREDENTIAL
42 AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
43 (5) A CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY AS DEFINED
44 IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWENTY OF
45 THIS ARTICLE SHALL SUBMIT AN APPLICATION FOR REGISTRATION AS PROVIDED IN
46 THE REGULATIONS OF THE DEPARTMENT. SUCH REGULATIONS SHALL AT A MINIMUM
47 REQUIRE THE APPLICATION TO CONTAIN SUCH INFORMATION AS THE DEPARTMENT
48 DEEMS NECESSARY TO IDENTIFY THE ENTITY AND ITS PRINCIPALS, AND TO BE
49 ACCOMPANIED BY THE DOCUMENT SUBSCRIBED BY THE PRINCIPALS AGREEING TO
50 COMPLY WITH THE CODE OF ETHICS, PURSUANT TO PARAGRAPH (E) OF SUBDIVISION
51 TWO OF THIS SECTION, AND THE FEE ESTABLISHED PURSUANT TO PARAGRAPH (F)
52 OF SUBDIVISION TWO OF THIS SECTION.
53 S 822. SURETY AND NOTICE REQUIREMENTS. (1) EVERY TAX PREPARER SHALL
54 MAINTAIN IN FULL FORCE AND EFFECT A BOND, CONTRACT OF INDEMNITY, OR
55 IRREVOCABLE LETTER OF CREDIT, PAYABLE TO THE PEOPLE OF THE STATE OF NEW
56 YORK. THE PRINCIPAL SUM OF THE BOND SHALL BE FIVE THOUSAND DOLLARS FOR
A. 1312 4
1 EACH INDIVIDUAL PREPARING TAX RETURNS FOR ANOTHER PERSON; PROVIDED,
2 HOWEVER, THAT THE COMMISSIONER MAY REQUIRE THE MAINTENANCE OF SURETY IN
3 A HIGHER AMOUNT PURSUANT TO REGULATION, AND PROVIDED FURTHER, HOWEVER,
4 THAT IN NO EVENT SHALL THE TOTAL BOND REQUIRED FOR ANY SINGLE TAX
5 PREPARER AND THE TAX PREPARERS EMPLOYED OR ASSOCIATED WITH IT BE
6 REQUIRED TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS. SUCH SURE-
7 TY SHALL BE FOR THE BENEFIT OF ANY PERSON OR PERSONS DAMAGED BY ANY
8 FRAUD, DISHONESTY, MISSTATEMENT, MISREPRESENTATION, DECEIT, OR ANY
9 UNLAWFUL ACTS OR OMISSIONS BY THE TAX PREPARER, OR THE TAX PREPARERS
10 EMPLOYED BY OR ASSOCIATED WITH IT TO PROVIDE TAX PREPARATION SERVICES.
11 (2) PRIOR TO RENDERING ANY TAX PREPARATION SERVICES, A TAX PREPARER
12 SHALL PROVIDE THE CLIENT IN WRITING WITH THE TAX PREPARER'S NAME,
13 ADDRESS, TELEPHONE NUMBER, THE REGISTRATION NUMBER ASSIGNED BY THE
14 DEPARTMENT, AND EVIDENCE OF COMPLIANCE WITH THE SURETY REQUIREMENT OF
15 THIS SECTION, AND SHALL PROVIDE WRITTEN MATERIALS IN A FORM APPROVED BY
16 THE DEPARTMENT INDICATING HOW TO CONTACT THE DEPARTMENT WITH ANY QUES-
17 TIONS OR COMPLAINTS REGARDING SERVICES PROVIDED BY THE TAX PREPARER.
18 S 823. CONFIDENTIALITY OF INFORMATION. (1) NO CONFIDENTIAL INFORMATION
19 OBTAINED BY A TAX PREPARER, IN HIS OR HER PROFESSIONAL CAPACITY,
20 CONCERNING A CLIENT OR A PROSPECTIVE CLIENT SHALL BE DISCLOSED BY THE
21 TAX PREPARER WITHOUT THE WRITTEN PERMISSION OF THE CLIENT OR PROSPECTIVE
22 CLIENT, EXCEPT FOR THE FOLLOWING:
23 (A) DISCLOSURES MADE BY A TAX PREPARER IN COMPLIANCE WITH A SUBPOENA
24 OR A SUMMONS ENFORCEABLE BY ORDER OF A COURT.
25 (B) DISCLOSURES MADE BY A TAX PREPARER REGARDING A CLIENT OR PROSPEC-
26 TIVE CLIENT TO THE EXTENT THE TAX PREPARER REASONABLY BELIEVES IT IS
27 NECESSARY TO MAINTAIN OR DEFEND HIMSELF OR HERSELF IN A LEGAL PROCEEDING
28 INITIATED BY THE CLIENT OR PROSPECTIVE CLIENT.
29 (C) DISCLOSURES MADE BY A TAX PREPARER IN RESPONSE TO AN OFFICIAL
30 INQUIRY FROM A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY.
31 (D) DISCLOSURES MADE BY A TAX PREPARER OR TO A TAX PREPARER'S DULY
32 AUTHORIZED REPRESENTATIVE TO ANOTHER TAX PREPARER IN CONNECTION WITH A
33 PROPOSED SALE OR MERGER OF THE TAX PREPARER'S PROFESSIONAL PRACTICE.
34 (E) DISCLOSURES MADE BY A TAX PREPARER TO ANOTHER TAX PREPARER TO THE
35 EXTENT NECESSARY FOR PURPOSES OF PROFESSIONAL CONSULTATION.
36 (F) DISCLOSURES MADE TO ORGANIZATIONS THAT PROVIDE PROFESSIONAL STAND-
37 ARDS REVIEW AND ETHICS OR QUALITY CONTROL PEER REVIEW.
38 (G) DISCLOSURES MADE WHEN SPECIFICALLY REQUIRED BY LAW.
39 (2) PRIOR TO MAKING ANY DISCLOSURE PURSUANT TO PARAGRAPH (D) OR (E) OF
40 SUBDIVISION ONE OF THIS SECTION, THE TAX PREPARER SHALL REQUIRE THE TAX
41 PREPARER OR HIS OR HER REPRESENTATIVE WHO WOULD RECEIVE THE INFORMATION
42 TO EXECUTE A WRITTEN INSTRUMENT STATING THAT THE CONFIDENTIALITY OF SUCH
43 INFORMATION WILL BE MAINTAINED. A COPY OF THIS AGREEMENT SHALL BE MAIN-
44 TAINED BY THE TAX PREPARER MAKING THE DISCLOSURE FOR THE PERIOD SPECI-
45 FIED IN SECTION EIGHT HUNDRED TWENTY-FOUR OF THIS ARTICLE. ANY VIOLATION
46 OF SUCH WRITTEN AGREEMENT SHALL BE DEEMED A VIOLATION OF THIS ARTICLE.
47 (3) IN THE EVENT THAT CONFIDENTIAL CLIENT INFORMATION MAY BE DISCLOSED
48 TO PERSONS OR ENTITIES OUTSIDE THE UNITED STATES OF AMERICA IN
49 CONNECTION WITH THE SERVICES PROVIDED, THE TAX PREPARER SHALL INFORM THE
50 CLIENT IN WRITING AND OBTAIN THE CLIENT'S WRITTEN PERMISSION FOR THE
51 DISCLOSURE.
52 (4) ANY REQUEST SEEKING A CLIENT'S WRITTEN PERMISSION FOR DISCLOSURE
53 OF CONFIDENTIAL INFORMATION SHALL BE ON A SEPARATE AND DISCRETE DOCUMENT
54 OF NOT LESS THAN TWELVE-POINT TYPE AND SHALL CLEARLY IDENTIFY EACH
55 AUTHORIZED RECIPIENT OF THE INFORMATION AND HOW SUCH RECIPIENT WILL BE
A. 1312 5
1 PERMITTED TO USE THE INFORMATION. THE COMMISSIONER MAY SPECIFY ADDI-
2 TIONAL REQUIREMENTS FOR SUCH REQUESTS BY REGULATION.
3 S 824. HANDLING AND RETENTION OF DOCUMENTS. (1) TAX PREPARERS SHALL
4 HANDLE DOCUMENTS CONTAINING CONFIDENTIAL INFORMATION IN ACCORDANCE WITH
5 SECTION EIGHT HUNDRED TWENTY-THREE OF THIS ARTICLE AND IN COMPLIANCE
6 WITH ANY ADDITIONAL REQUIREMENTS ESTABLISHED IN THE REGULATIONS OF THE
7 DEPARTMENT OR OTHER LAWS.
8 (2) NO TAX PREPARER SHALL FAIL OR REFUSE TO GIVE A CLIENT, FOR HIS OR
9 HER OWN RECORDS, A COPY OF ANY DOCUMENT REQUIRING THE CLIENT'S SIGNA-
10 TURE, WITHIN A REASONABLE TIME AFTER THE CLIENT SIGNS THE DOCUMENT. NO
11 TAX PREPARER SHALL FAIL TO RETURN, UPON THE DEMAND BY OR ON BEHALF OF A
12 CLIENT, RECORDS OR OTHER DATA PROVIDED TO THE TAX PREPARER BY THE
13 CLIENT.
14 (3) COPIES OF ALL TAX RETURNS AND OTHER RECORDS REQUIRED BY THIS ARTI-
15 CLE SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN FOUR YEARS OF THE
16 DATE OF COMPLETION.
17 S 825. RESPONSIBILITIES OF TAX PREPARERS; VIOLATIONS; CIVIL AND CRIMI-
18 NAL PENALTIES. (1) EVERY TAX PREPARER SHALL HAVE THE AFFIRMATIVE RESPON-
19 SIBILITY TO ACT IN THE BEST INTERESTS OF HIS OR HER CLIENTS AND IN
20 ACCORDANCE WITH THE CODE OF ETHICS PROMULGATED BY THE DEPARTMENT PURSU-
21 ANT TO SECTION EIGHT HUNDRED TWENTY-SIX OF THIS ARTICLE.
22 (2) IT SHALL BE A VIOLATION OF THIS ARTICLE FOR A TAX PREPARER TO DO
23 ANY OF THE FOLLOWING:
24 (A) FAIL TO REGISTER AS A TAX PREPARER WITH THE DEPARTMENT;
25 (B) MAKE, OR AUTHORIZE THE MAKING OF, ANY STATEMENT OR REPRESENTATION,
26 ORAL OR WRITTEN OR RECORDED BY ANY MEANS, WHICH IS INTENDED TO INDUCE
27 PERSONS TO USE THE TAX PREPARATION SERVICE OF THE TAX PREPARER, WHICH
28 STATEMENT OR REPRESENTATION IS FRAUDULENT, UNTRUE, OR MISLEADING;
29 (C) OBTAIN THE SIGNATURE OF A CLIENT ON A TAX RETURN OR AUTHORIZING
30 DOCUMENT WHICH CONTAINS BLANK SPACES TO BE FILLED IN AFTER IT HAS BEEN
31 SIGNED;
32 (D) FAIL TO SIGN A CUSTOMER'S TAX RETURN WHEN PAYMENT FOR SERVICES
33 RENDERED HAS BEEN MADE;
34 (E) KNOWINGLY GIVE FALSE OR MISLEADING INFORMATION TO THE DEPARTMENT,
35 THE CLIENT, OR THE SURETY COMPANY;
36 (F) WHEN PREPARING A NEW YORK INCOME TAX RETURN, FAIL TO ADVISE A
37 CLIENT OF ALL VOLUNTARY CONTRIBUTION CHECK-OFFS ON THE RETURN AND
38 PROVIDE THE CLIENT WITH AN OPPORTUNITY TO MAKE A CONTRIBUTION TO ANY
39 VOLUNTARY CONTRIBUTION CHECK-OFF ON THE RETURN;
40 (G) VIOLATE ANY PROVISION OF SECTION EIGHT HUNDRED TWENTY-ONE, EIGHT
41 HUNDRED TWENTY-TWO, EIGHT HUNDRED TWENTY-THREE OR EIGHT HUNDRED TWENTY-
42 FOUR OF THIS ARTICLE.
43 (3) THE COMMISSIONER MAY REVOKE OR SUSPEND THE REGISTRATION OF ANY
44 PERSON WHO IS DETERMINED TO HAVE FAILED TO COMPLY WITH ANY OF THE
45 PROVISIONS OF THIS ARTICLE OR ANY REGULATION ADOPTED PURSUANT TO THIS
46 ARTICLE, OR TO HAVE KNOWINGLY AIDED AND ABETTED ANOTHER PERSON IN
47 VIOLATING ANY OF THE PROVISIONS OF THIS ARTICLE OR ANY REGULATION
48 ADOPTED PURSUANT TO THIS ARTICLE. IN LIEU OF SUCH REVOCATION OR SUSPEN-
49 SION, THE COMMISSIONER MAY ASSESS A CIVIL PENALTY NOT TO EXCEED FIVE
50 THOUSAND DOLLARS FOR ANY SUCH VIOLATION.
51 (4) ANY VIOLATION OF ANY PROVISION OF THIS ARTICLE SHALL BE A CLASS A
52 MISDEMEANOR, AND UPON CONVICTION THE COURT MAY ORDER AS PART OF THE
53 SENTENCE IMPOSED RESTITUTION OR REPARATION TO THE VICTIM OF THE CRIME
54 PURSUANT TO SECTION 60.27 OF THE PENAL LAW.
55 S 826. REGULATIONS. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGU-
56 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE. SUCH REGULATIONS
A. 1312 6
1 SHALL INCLUDE THE ADOPTION OF A CODE OF ETHICS FOR TAX PREPARERS, AND
2 SUCH OTHER MATTERS AS ARE REQUIRED BY THIS ARTICLE OR ARE DEEMED NECES-
3 SARY BY THE COMMISSIONER.
4 S 2. Nothing in this act shall be construed to impair or limit the
5 validity of any additional local laws or regulations, not inconsistent
6 with the provisions of this act, applicable to tax preparers.
7 S 3. If any clause, sentence, paragraph, section or part of this act
8 be adjudged by any court of competent jurisdiction to be invalid, such
9 judgment shall not affect, impair or invalidate the remainder hereof but
10 shall be applied in its operation to the clause, sentence, paragraph,
11 section or part hereof directly involved in the controversy in which
12 such judgment shall have been rendered.
13 S 4. This act shall take effect on the first of October in the year
14 next succeeding the year in which it shall have become a law; provided,
15 however, that the commissioner of taxation and finance shall be imme-
16 diately authorized and directed to promulgate any rules and regulations
17 and take any other actions necessary for implementation of this act on
18 such effective date.
