Bill S4943-2011

When external indices are utilized to determine sales and use tax due, requires such indices to reflect local economic conditions

Requires the commissioner of taxation and finance, when using external indices to determine sales and compensating use tax due because of failure to file a return or filing of an incorrect return, to use external indices which reflect local economic conditions.

Details

Actions

  • May 15, 2012: referred to ways and means
  • May 15, 2012: DELIVERED TO ASSEMBLY
  • May 15, 2012: PASSED SENATE
  • May 14, 2012: ADVANCED TO THIRD READING
  • May 9, 2012: 2ND REPORT CAL.
  • May 8, 2012: 1ST REPORT CAL.731
  • Apr 18, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 16, 2011: referred to ways and means
  • Jun 16, 2011: DELIVERED TO ASSEMBLY
  • Jun 16, 2011: PASSED SENATE
  • Jun 14, 2011: ORDERED TO THIRD READING CAL.1242
  • Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 7, 2011: REPORTED AND COMMITTED TO FINANCE
  • May 2, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jun 7, 2011
Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Diaz
Ayes W/R (2): Squadron, Peralta
VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011
Ayes (20): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Montgomery, Smith, Stewart-Cousins
Ayes W/R (2): Duane, Perkins
Nays (2): Krueger, Parker
VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Apr 18, 2012
Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Diaz
Ayes W/R (2): Squadron, Peralta

Memo

BILL NUMBER:S4943

TITLE OF BILL: An act to amend the tax law, in relation to the determination of sales and compensating use taxes due

PURPOSE: This bill would require that any external economic indices used by the Department of Taxation and Finance in estimating sales tax payments due must utilize regional economic indices to reflect the wide variation of the costs of goods and services sold throughout the state.

SUMMARY OF PROVISIONS: This bill would amend subdivision (a) of section 1138 of the tax law by adding a new paragraph (5) to require that whenever the Commissioner of Taxation and Finance is determining the amount of sales t.ax owed, in instances in where a required sales tax filing has not been made or there has been an incorrect or insufficient sales tax payment, the Commissioner must utilize a regional economic index to estimating the correct tax payment to be made.

JUSTIFICATION: New York State has hired hundreds of new auditors over the past few years and unleashed them on unsuspecting taxpayers. Thousands of retail merchants across the state have been subject to new audit tactics apparently designed to generate as much revenue as possible. The most insidious of these tactics is the practice of determining a merchant's sales tax assessment based on external indices rather than the merchant's records. Often times the external indices are not based on local standards thereby leading to drastically distorted assessments far exceeding any reasonable estimate. One of the most common indices used by the Department is based on an analysis of less than 100 businesses. The Department continues to use this index in spite of a specific note by the study's authors that it is not statically reliable for such purposes. This bill would prohibit the Department of Tax and Finance from using any external index that does not reflect local economic conditions. It ensures that anytime a sales tax assessment is imposed on a retail merchant not based on the merchant's records it will be more fair since the merchant's local area will be the basis of comparison. These business owners are the backbone of the state's economy and deserve to have their taxes determined in a fair manner. This bill will restore fairness to the tax assessment process and help retail merchants in New York live up to their legitimate tax assessments.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4943 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the tax law, in relation to the determination of sales and compensating use taxes due THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 1138 of the tax law is amended by adding a new paragraph 5 to read as follows: (5) WHENEVER A RETURN REQUIRED BY THIS ARTICLE IS NOT FILED, OR IF A RETURN WHEN FILED IS INCORRECT OR INSUFFICIENT, AND THE AMOUNT OF TAX DUE IS DETERMINED BY THE COMMISSIONER FROM SUCH INFORMATION AS MAY BE AVAILABLE PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION, ANY EXTERNAL INDICES USED TO ESTIMATE THE TAX DUE SHALL REFLECT THE LOCAL ECONOMIC CONDITIONS. S 2. This act shall take effect immediately.

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