Bill Text: NY A08069 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes a recordkeeping voluntary compliance program with regard to sales tax liability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to ways and means [A08069 Detail]

Download: New_York-2011-A08069-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8069
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2011
                                      ___________
       Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
         Committee on Ways and Means
       AN ACT to amend the tax law, in relation to establishing the recordkeep-
         ing voluntary compliance program for purposes of sales tax liability
         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 section 1135-a to
    2  read as follows:
    3    S 1135-A. RECORDKEEPING VOLUNTARY COMPLIANCE  PROGRAM.  1.    NOTWITH-
    4  STANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, THERE SHALL BE
    5  ESTABLISHED A RECORDKEEPING VOLUNTARY COMPLIANCE PROGRAM TO BE  ADMINIS-
    6  TERED BY THE COMMISSIONER, FOR ALL ELIGIBLE TAXPAYERS.
    7    2. FOR PURPOSES OF THIS SECTION, AN "ELIGIBLE TAXPAYER" IS AN INDIVID-
    8  UAL, PARTNERSHIP, ESTATE, TRUST, CORPORATION, LIMITED LIABILITY COMPANY,
    9  JOINT  STOCK COMPANY, OR ANY OTHER COMPANY, TRUSTEE, RECEIVER, ASSIGNEE,
   10  REFEREE, SOCIETY, ASSOCIATION, BUSINESS OR ANY OTHER PERSON  SUBJECT  TO
   11  SALES TAX IMPOSED BY OR PURSUANT TO THE AUTHORITY OF THIS CHAPTER.
   12    3. THE COMMISSIONER IS AUTHORIZED TO ENTER INTO A RECORDKEEPING VOLUN-
   13  TARY  COMPLIANCE  AGREEMENT  WITH  AN ELIGIBLE TAXPAYER. A RECORDKEEPING
   14  VOLUNTARY COMPLIANCE AGREEMENT SHALL BE IN A FORM TO BE  ESTABLISHED  BY
   15  THE  COMMISSIONER AND INCLUDE SUCH TERMS AS THE COMMISSIONER MAY REASON-
   16  ABLY REQUIRE TO REQUIRE THE ELIGIBLE  TAXPAYER  TO  MAINTAIN  BOOKS  AND
   17  RECORDS IN A FORM PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE OF THIS
   18  PART  AND  TO  COMPLY WITH THIS CHAPTER IN THE FUTURE INCLUDING, BUT NOT
   19  LIMITED TO REQUIRING THE USE OF CERTIFIED POINT OF SALES SYSTEMS.
   20    S 2. Section 1138 of the tax law is amended by adding a  new  subdivi-
   21  sion (e) to read as follows:
   22    (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, A
   23  TAXPAYER THAT IS A PARTY TO A RECORDKEEPING VOLUNTARY COMPLIANCE  AGREE-
   24  MENT PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE-A OF THIS PART SHALL
   25  NOT  BE SUBJECT TO THE PROVISIONS OF PARAGRAPH ONE OF SUBDIVISION (A) OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11114-01-1
       A. 8069                             2
    1  THIS SECTION AND NO TAX SHALL BE ESTIMATED  ON  THE  BASIS  OF  EXTERNAL
    2  INDICES  UNLESS  THE COMMISSIONER FINDS THAT THE TAXPAYER IS IN SUBSTAN-
    3  TIAL NON-COMPLIANCE WITH ITS RECORDKEEPING VOLUNTARY  COMPLIANCE  AGREE-
    4  MENT.
    5    S 3. This act shall take effect immediately.