S T A T E   O F   N E W   Y O R K
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                                  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:

  Section  1.  The  tax law is amended by adding a new section 1135-a to
read as follows:
  S 1135-A. RECORDKEEPING VOLUNTARY COMPLIANCE  PROGRAM.  1.    NOTWITH-
STANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, THERE SHALL BE
ESTABLISHED A RECORDKEEPING VOLUNTARY COMPLIANCE PROGRAM TO BE  ADMINIS-
TERED BY THE COMMISSIONER, FOR ALL ELIGIBLE TAXPAYERS.
  2. FOR PURPOSES OF THIS SECTION, AN "ELIGIBLE TAXPAYER" IS AN INDIVID-
UAL, PARTNERSHIP, ESTATE, TRUST, CORPORATION, LIMITED LIABILITY COMPANY,
JOINT  STOCK COMPANY, OR ANY OTHER COMPANY, TRUSTEE, RECEIVER, ASSIGNEE,
REFEREE, SOCIETY, ASSOCIATION, BUSINESS OR ANY OTHER PERSON  SUBJECT  TO
SALES TAX IMPOSED BY OR PURSUANT TO THE AUTHORITY OF THIS CHAPTER.
  3. THE COMMISSIONER IS AUTHORIZED TO ENTER INTO A RECORDKEEPING VOLUN-
TARY  COMPLIANCE  AGREEMENT  WITH  AN ELIGIBLE TAXPAYER. A RECORDKEEPING
VOLUNTARY COMPLIANCE AGREEMENT SHALL BE IN A FORM TO BE  ESTABLISHED  BY
THE  COMMISSIONER AND INCLUDE SUCH TERMS AS THE COMMISSIONER MAY REASON-
ABLY REQUIRE TO REQUIRE THE ELIGIBLE  TAXPAYER  TO  MAINTAIN  BOOKS  AND
RECORDS IN A FORM PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE OF THIS
PART  AND  TO  COMPLY WITH THIS CHAPTER IN THE FUTURE INCLUDING, BUT NOT
LIMITED TO REQUIRING THE USE OF CERTIFIED POINT OF SALES SYSTEMS.
  S 2. Section 1138 of the tax law is amended by adding a  new  subdivi-
sion (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, A
TAXPAYER THAT IS A PARTY TO A RECORDKEEPING VOLUNTARY COMPLIANCE  AGREE-
MENT PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE-A OF THIS PART SHALL
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

THIS SECTION AND NO TAX SHALL BE ESTIMATED  ON  THE  BASIS  OF  EXTERNAL
INDICES  UNLESS  THE COMMISSIONER FINDS THAT THE TAXPAYER IS IN SUBSTAN-
TIAL NON-COMPLIANCE WITH ITS RECORDKEEPING VOLUNTARY  COMPLIANCE  AGREE-
MENT.
  S 3. This act shall take effect immediately.