reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law › Section 2397.3 - Eligibility determinations and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual determination. In June of each
				year, the department shall identify taxpayers required to participate in the
				program for the upcoming program year, utilizing any information in the
				department's possession.
(b)
				Notification and procedures. Within 45 calendar days after June 1st of each
				year, the department shall, by certified or registered mail, send a notice to
				taxpayers newly identified as having to participate in the program. The notice
				shall advise these taxpayers of their required participation in the program and
				include the following information:
(1) a
				description of the program and the means to access or obtain the information
				necessary to ensure successful participation in the program;
(2) the applicable due date for the tax
				payer's first payment; and
(3)
				enrollment information, including the obligation to enroll within 40 calendar
				days of the postmark date of the notice, a description of the penalty for
				failure to enroll when required as well as a taxpayer's right to challenge the
				determination of required participation by requesting a hearing within such
				40-day period.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law › Section 2397.5 - Payment rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Amount of
				payment. On or before the applicable due date of each calendar month a taxpayer
				participating in the program which has liability described in either
				subparagraph (i), (ii) or (iii) of paragraph (1) of subdivision (a) of section
				2397.2  of
				this Part shall remit its required payments of tax by EFT or certified check in
				accordance with the provisions of subdivision (c) of section 10  of the Tax Law.
(b) Payment of remaining liabilities.
(1) A taxpayer participating in the program
				which has liability described in either subparagraph (i), (ii) or (iii) of
				paragraph (1) of subdivision (a) of section
				2397.2  of
				this Part, shall file the monthly, part-quarterly or quarterly returns
				prescribed by section 287, 308, 1102, 1136 or
				1251  of the
				Tax Law, as applicable, and shall pay to the department the amounts required to
				be paid with such returns, less the amounts remitted by electronic funds
				transfer or certified check, for each period for which such returns are filed.
				(See paragraph [2] of subdivision [c] of section 10  of the Tax Law.)
(2) A taxpayer participating in the program
				shall not remit any amount required to be paid with its part-quarterly,
				quarterly or monthly return, as applicable, by electronic funds
				transfer.
(3) Where a taxpayer
				participating in the program establishes to the satisfaction of the department
				that it has made an overpayment of tax for a particular period by EFT or
				certified check, as applicable, the taxpayer shall claim the overpayment as a
				credit on the return covering the period for which the overpayment was made. A
				taxpayer may call the taxpayer contact center or utilize the program's website
				for help in resolving any questions involving credits.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law › Section 2397.6 - Liability for transaction costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) ACH debit, ACH credit and fedwire. The
				taxpayer shall be liable for the transaction costs associated with ACH debit,
				ACH credit or fedwire transactions.
(b) Certified check. The taxpayer shall be
				liable for both the charges imposed by its financial institution for certified
				checks, if any, and for the costs of mailing its transmittal form and
				payment.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law › Section 2397.7 - Mailing rules; reasonable cause

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Mailing rules.
(1) ACH debit, ACH credit and
				fedwire taxpayers. The mailing rules specified in sections 289-d, 315 and
				1147  of the Tax Law and in regulations
				promulgated thereunder shall not be applicable to payments made by taxpayers
				electing the ACH debit, ACH credit or fedwire payment option. Such taxpayers
				shall be deemed to have timely made their payment of tax when the department's
				depository bank receives the payment of tax on or before the applicable due
				date.
(2) Certified check
				taxpayers. The mailing rules specified in sections 289-d, 315 and
				1147  of the Tax Law and regulations
				promulgated thereunder shall be applicable to payments made by taxpayers
				electing the certified check payment option and mailing such certified checks
				and accompanying completed transmittal forms to the department's depository
				bank, subject to the proviso that the taxpayer must mail its certified check
				for the tax liability on or before the second business day prior to the
				applicable due date.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law › Section 2397.8 - Administrative and judicial proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of subdivision 3-a of section 170 and sections 288, 288-a, 315, 1138, 1140 and
				  1250  of the Tax Law shall apply in the
				  event a taxpayer wishes to protest any action taken by the commissioner or the
				  department as a result of this Part which gives rise to a right to a hearing
				  under the Tax Law.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law › Section 2397.9 - Rule of construction

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Subchapters A and B of Chapter III, and
				  Subchapter A of Chapter IV, of this Title, shall apply to taxpayers
				  participating in the program unless the provisions of this Part are
				  inconsistent therewith, in which case the provisions of this Part shall
				  govern.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law › Section 2397.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2398 - Consumer Bill Of Rights Regarding Tax Preparers › Section 2398.1 - Definitions and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions.
(1) Tax preparer or preparer
				means a person, partnership, corporation, or other business entity that, in
				exchange for consideration, advises or assists or offers to advise or assist in
				the preparation of income tax returns for another.
(2) Department means the Department of
				Taxation and Finance.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2398 - Consumer Bill Of Rights Regarding Tax Preparers › Section 2398.2 - Consumer bill of rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall produce and make available to taxpayers and tax preparers an
				informational publication regarding consumer's rights and laws concerning tax
				preparers, to be called a Consumer Bill of Rights Regarding Tax Preparers
				(hereinafter, Consumer Bill of Rights). This publication shall be easily
				reproducible by photocopy machines.
(b) The publication shall be available on the
				department's and the Consumer Protection Board's internet websites, and shall
				contain information including, but not limited to, the following:
(1) postings required by State and Federal
				laws, such as price posting and postings of qualifications;
(2) explanations of some common services and
				terminology, such as preparation of short and long Federal forms, refund,
				electronic filing, express mail, direct deposit, refund anticipation check,
				refund anticipation loan, quick, instant, rapid, fast, fee, and
				interest;
(3) basic information on
				what a tax preparer is and is not required to do for a consumer, such as the
				preparer's responsibility to sign a return, that a tax preparer may not be
				required to accompany a consumer to an audit but may have a voluntary policy to
				accompany consumers to audits;
(4)
				information a tax preparer is legally required to provide to
				consumers;
(5) practices in which a
				tax preparer is legally prohibited from engaging;
(6) information regarding the requirements of
				section 372  of the General Business Law relating to
				refund anticipation loans;
(7) the
				telephone numbers of the department for information and complaints;
(8) any additional information the department
				deems appropriate regarding consumers' rights and laws concerning tax
				preparers.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2398 - Consumer Bill Of Rights Regarding Tax Preparers › Section 2398.3 - Dissemination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A copy of the
				Consumer Bill of Rights shall be provided to individuals or businesses upon
				request to the department, and shall be sent by the department no later than
				October 15th of each year to each tax preparer who, to the department's
				knowledge, has been found to be in violation of section 272  of the General Business Law within the
				previous calendar year.
(b) Each
				tax preparer subject to this Part shall obtain a current Consumer Bill of
				Rights from the department and shall reproduce it so that it is clear and
				legible. As of January 1st of each year, each tax preparer shall give to each
				customer, free of charge, a current, legible copy of the Consumer Bill of
				Rights prior to discussion with the customer. Each such tax preparer shall also
				verbally direct the consumer to review the Consumer Bill of Rights and shall
				answer any questions the consumer may have about its contents.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2399 - Mailing Rules And Legal Holidays › Section 2399.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided by law or this Title, the
				  provisions of this Part apply to any tax that is administered by the
				  commissioner and that is imposed by or authorized to be imposed pursuant to the
				  Tax Law, the Environmental Conservation Law, the County Law, or any other
				  applicable laws concerning matters under the jurisdiction of the commissioner.
				  Any reference to tax or taxes in this Part shall include special assessments,
				  fees, and other impositions that are administered by the commissioner. This
				  Part does not apply to the Division of Tax Appeals or to the Bureau of
				  Conciliation and Mediation Services within the Division of Taxation. (See Parts
				  3000 and 4000 of this Title for mailing rules applicable to petitions in the
				  Division of Tax Appeals and requests for conciliation conferences in the Bureau
				  of Conciliation and Mediation Services of the Division of Taxation,
				  respectively.)
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2399 - Mailing Rules And Legal Holidays › Section 2399.2 - Timely mailing, filing and paying

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 171, 289-d, 434-a, 514-a, 691(a), 1091(a), 1147(a), 1419(b), art. 11
(a)
(1) General.
(i) In general, where any document required to be filed with, or payment required to be made to, the Department of Taxation and Finance (or, for purposes of article 11 of the Tax Law, the appropriate recording officer) within a prescribed period or on or before a prescribed date is delivered in the manner and time provided in this section by United States mail to the appropriate address after the prescribed period or date, the date of the United States postmark as stamped on the envelope or other wrapper in which such document or payment is contained will be deemed to be the date of filing or paying.
(ii) Any reference in this section to the United States mail shall be treated as including a reference to any delivery service that has been designated by the commissioner or by the Secretary of the Treasury of the United States pursuant to section  7502 of the Internal Revenue Code (unless the commissioner determines such delivery service is not adequate to meet the needs of the State), and any reference to a postmark by the United States mail shall be treated as including a reference to any date recorded or marked in the manner described in such section of the Internal Revenue Code by a designated delivery service. Where delivery is made by courier, delivery messenger, or similar service that has not been so designated, the date of receipt by the department will be deemed to be the date of filing or paying.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2399 - Mailing Rules And Legal Holidays › Section 2399.3 - Saturdays, Sundays and legal holidays

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 171, 289-d(3), 434-a(3), 514-a(2), 691(c),
				  1091(c), 1147(a)(3), 1419(c)
Except as otherwise provided by law or this Title, when the
				  last day prescribed (including any extensions of time, where applicable) for
				  filing a document, making a payment, or performing any act falls on a Saturday,
				  Sunday or a day which is a legal holiday in the State of New York, these acts
				  will be considered timely if performed on the next succeeding day which is not
				  a Saturday, Sunday or legal holiday.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2400 - Action For Failure To Release A Lien › Section 2400.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 3032
(a)
				In general, a taxpayer may bring a civil action for damages against the State
				in the Court of Claims where any officer or employee of the Department of
				Taxation and Finance knowingly, or by reason of negligence, fails to release a
				lien on property of the taxpayer within 40 days after the date:
(1) on which the Commissioner of Taxation and
				Finance finds full satisfaction or legal unenforce ability of the liability
				assessed or determined, including interest; or
(2) there is furnished to the commissioner a
				surety bond or other security that is conditioned upon the payment of the
				amount assessed or determined, including interest (see, section
				2400.3  of
				this Part).
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2400 - Action For Failure To Release A Lien › Section 2400.2 - Notice of failure to release a lien

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 3032(c) and (d)
(a) Administrative review may be obtained by
				filing a notice of failure to release a lien, as prescribed in subdivision (b)
				of this section, after the expiration of the 40-day period described in section
				2400.1(a)(1)-(2) 
				of this Part. Filing such a notice of failure to release a lien is not a
				prerequisite to bringing a civil action for damages for failure to release a
				lien in the Court of Claims. Nor does filing such a notice extend the statute
				of limitations for bringing a civil action for damages in the Court of Claims.
				However, the amount of damages awarded in a civil action under section 3032  of the Tax Law may be reduced if the
				court determines that the plaintiff has not exhausted the available
				administrative remedies within the department.
(b)
(1) A
				"notice of failure to release a lien," must be sent in writing to the
				commissioner and must include:
(i) the
				taxpayer's name, identification number, current address, current home and work
				telephone numbers;
(ii) any
				convenient times the taxpayer can be contacted;
(iii) a copy of the State tax warrant
				affecting the taxpayer's property, if available;
(iv) the grounds, in reasonable detail, for
				the claim (include copies of any available substantiating documentation or
				correspondence with the Department of Taxation and Finance);
(v) a description of the injuries incurred by
				the taxpayer (include copies of any available substantiating documentation or
				evidence);
(vi) the dollar amount
				of the claim, including any damages that have not yet been incurred but that
				are reasonably foreseeable (include copies of any available substantiating
				documentation or evidence); and
(vii) the signature of the taxpayer or duly
				authorized representative.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2400 - Action For Failure To Release A Lien › Section 2400.3 - Bond or other security

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 3032(a)
For purposes of section2400.1  of this Part, a
				  taxpayer may furnish a bond or other security of a type described in section
				  154.11(b),
				  (c) and (d)  of this Title (relating to bonds
				  or other securities acceptable for purposes of New York State income tax in the
				  case of special accruals and nonresident taxpayers) to effectuate a release of
				  lien.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2401 - Postponement Of Certain Deadlines For Taxpayers Affected By Declared Disasters › Section 2401.1 - Taxpayers affected by declared disasters

Current through Register Vol. 46, No. 28, July 10, 2024
Section 171, subdivision twenty-eighth of the Tax Law
				  provides that in the case of a taxpayer who is determined for Federal tax
				  purposes under the provisions of section 7508-A of the Internal Revenue Code to
				  be affected by a presidentially declared disaster, or who is determined under
				  regulations promulgated by the commissioner to be affected by a presidentially
				  declared disaster or by a disaster emergency declared by the Governor, the
				  commissioner may provide that a period of up to 90 days may be disregarded in
				  determining under the Tax Law, or under a law enacted pursuant to the authority
				  of the Tax Law or article 2-E of the General City Law where administered by the
				  commissioner, in respect of any tax liability (including any interest, penalty,
				  additional amount, or addition to tax) of such taxpayer. For purposes of
				  determining whether a taxpayer who has not been determined for Federal tax
				  purposes to be affected by a presidentially declared disaster is affected by a
				  presidentially declared disaster or by a disaster emergency declared by the
				  Governor, a taxpayer affected by a
presidentially declared
				  disaster
or by a
disaster emergency
declared by the
				  Governor means a taxpayer:
(a) who is
				located within the designated area of the disaster; or
(b) who is determined by the commissioner to
				be affected by the disaster or is within a class of taxpayers determined by the
				commissioner to be affected by the disaster.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2402 - Taxpayer Record Retention Formats › Section 2402.1 - Taxpayer's option to choose a record retention format

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Taxpayer's option to choose.
				Notwithstanding any other provision of this Title and unless specifically
				provided for otherwise by law, any record that is required to be retained by a
				taxpayer may be retained pursuant to the provisions of this Part in either
				hard-copy format or electronic format (or both) at the discretion of the
				taxpayer. For examples of statutory exceptions to allowing the retention of
				records electronically, see section 307 of the State Electronic Signatures and
				Records Act (New York State Technology Law, section
				301 et seq.) and section 7003 of the Federal
				Electronic Signatures in Global and National Commerce Act (15 U.S.C.A., section 7001  et seq.).
(b)
				Application of this Part.
(1) The provisions
				of this Part apply only to the format in which taxpayer records are to be
				maintained. The nature, content, retention periods, and other specific details
				concerning records are discussed elsewhere in the Tax Law, other applicable
				laws concerning matters under the jurisdiction of the Commissioner of Taxation
				and Finance, and this Title.
(2)
				This Part does not apply to any activities conducted with the Department of
				Taxation and Finance, such as the filing of returns or the payment of taxes.
				See, for example, Part 2396 of this Title concerning the Electronic Filing and
				Funds Transfer Program for certain taxpayers remitting withholding
				tax.
(3) This Part does not apply
				to any warning, notice, disclosure, or other record that is required to be
				posted, displayed, or publicly affixed. Examples of these records include the
				certificates of registration that are required to be publicly displayed by
				retail dealers of cigarettes pursuant to section 480-a  of the Tax Law, decals that are
				required to be displayed on qualified motor vehicles pursuant to section 522  of the Tax
				Law, and certificates of authority that are required to be prominently
				displayed by sales tax vendors pursuant to section 1134  of
				the Tax Law.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2402 - Taxpayer Record Retention Formats › Section 2402.2 - Electronic record retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1)
Electronic
means any technology having electrical, digital,
				magnetic, wireless, optical, electromagnetic, or similar
				capabilities.
(2)
(i)
Electronic record
means
				information evidencing any act, transaction, occurrence, event, or other
				activity that is produced or stored by electronic means and that is capable of
				being accurately reproduced in a form that is perceptible by human sensory
				capabilities.
(ii) For purposes of
				this Part:
(a) the term
record
or
records
pertain only to those
				matters that are under the jurisdiction of the Commissioner of Taxation and
				Finance; and
(b) the term
taxpayer
includes every person under such jurisdiction that is
				required to retain records, whether or not the person is required to pay
				tax.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2500 - New York Reportable Transactions › Section 2500.1 - Disclosure of New York reportable transactions and related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authorization.
				Section 25 (a)(3)  of the Tax Law
				authorizes the commissioner to promulgate regulations with regard to New York
				reportable transactions.
(b) Brief
				description of a New York reportable transaction. A New York reportable
				transaction is a transaction that has the potential to be a tax avoidance
				transaction under article 9, 9-A, 22, 32, or 33 of the Tax Law.
(c) Purpose. Taxpayers who participate in New
				York reportable transactions are required to disclose their participation to
				the department.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2500 - New York Reportable Transactions › Section 2500.2 - Disclosure of participation in a New York reportable transaction

Current through Register Vol. 46, No. 28, July 10, 2024
Every taxpayer that has participated in a New York reportable
				  transaction during its taxable year is required to disclose its participation
				  with its tax return for that taxable year in the manner and form prescribed by
				  the commissioner. The fact that a transaction is a New York reportable
				  transaction shall not affect the legal determination of whether the taxpayer's
				  treatment of the transaction is proper.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2500 - New York Reportable Transactions › Section 2500.3 - New York reportable transactions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. A New York reportable transaction is a transaction that has the potential to be a tax avoidance transaction under article 9, 9-A, 22, 32, or 33 of the Tax Law. The term transaction includes all of the factual elements relevant to the expected tax treatment of any investment, entity, plan, or arrangement, and includes any series of steps carried out as part of a plan. There are three categories of New York reportable transactions: New York listed transactions, New York confidential transactions, and New York transactions with contractual protection.
(b) New York listed transactions. A New York listed transaction is a transaction that is the same as or substantially similar to one of the types of transactions that the commissioner has determined to be a tax avoidance transaction and identified by notice or other form of published guidance as a New York listed transaction. For purposes of identifying a New York listed transaction, the determination that a type of transaction is a tax avoidance transaction shall be based upon a finding by the commissioner that:
(1) the transaction is not done for a valid business purpose, that is, one or more business purposes, other than obtaining tax benefits, that alone or in combination constitute the primary motivation for the transaction;
(2) the transaction does not have economic substance apart from its tax benefits; or
(3) the tax treatment of the transaction is based upon an elevation of form over substance.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2500 - New York Reportable Transactions › Section 2500.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 25(a)(2)
For purposes of this Part, the following terms are defined as
				  follows:
(a)
Taxpayer.
(1) The term
taxpayer
means
				any person who is required to file a return or report under article 9, 9-A, 22,
				32, or 33 of the Tax Law.
(2) As
				used in this Part, the term
taxpayer
includes:
(i) corporations subject to tax under section
				183, 184, 185, or 186 of article 9 of the Tax Law and persons subject to tax
				under section 186-a or 186-e of article 9 of the Tax Law;
(ii) general business corporations subject to
				tax under article 9-A of the Tax Law;
(iii) individuals (including sole
				proprietors), partnerships (including a limited liability company [LLC] that is
				treated as a partnership for Federal income tax purposes), estates and trusts,
				partners in a partnership (including members of a LLC that is treated as a
				partnership for Federal income tax purposes), shareholders of an S corporation
				and beneficiaries of an estate or trust subject to tax or required to file a
				tax return under article 22 of the Tax Law;
(iv) banking corporations subject to tax
				under article 32 of the Tax Law; and
(v) insurance corporations and captive
				insurance companies subject to tax under article 33 of the Tax Law.
(3) The term
taxpayer
also includes each member of a combined group filing
				under article 9-A, 32, or 33 of the Tax Law. Each member must disclose its
				participation in a New York reportable transaction on a separate basis in the
				manner and form prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2500 - New York Reportable Transactions › Section 2500.5 - Form, timing, and content of disclosure of New York reportable transactions

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 25(a)(2), (e)
(a) A taxpayer subject to disclosure as
				required by Tax Law, section 25(a)(2) is required to report such disclosure on
				the forms and in the manner prescribed by the commissioner.
(b) If a transaction becomes a New York
				listed transaction after the filing of a taxpayer's tax return reflecting
				either tax consequences or a tax strategy described in the notice or other form
				of published guidance listing the transaction (or a tax benefit derived from
				tax consequences or a tax strategy described in the notice or other form of
				published guidance listing the transaction) and before the end of the period of
				the statute of limitations for the tax return (whether or not already filed)
				reflecting the tax consequences, tax strategy, or tax benefit, then a taxpayer
				must disclose the New York listed transaction on the forms and in the manner
				prescribed by the commissioner with the tax return next filed after the date
				the transaction is listed regardless of whether the taxpayer participated in
				the transaction in that tax year.
(c) The disclosure and filing requirements of
				this Part are in addition to any other disclosure or filing requirements,
				general or specific, provided by law.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2500 - New York Reportable Transactions › Section 2500.6 - Determinations and protective disclosures for New York reportable transactions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A taxpayer may,
				on or before the date that disclosure would otherwise be required under this
				Part, submit a request to the Department of Taxation and Finance for a
				determination as to whether a transaction is subject to the disclosure
				requirements of this Part. The request for a determination shall be submitted
				to the address designated by the department for such purpose. If the request
				fully discloses all relevant facts relating to the transaction, the potential
				obligation of that taxpayer to disclose the transaction will be suspended
				during the period that the determination request is pending and, if the
				department subsequently concludes that the transaction is a New York reportable
				transaction subject to disclosure under this Part, until the 60th day after the
				issuance of the determination (or, if the request is withdrawn, 60 days after
				the date that the request is withdrawn). Furthermore, in the determination, the
				commissioner may determine that the submission satisfies the disclosure rules
				under this Part for that particular transaction or type of
				transaction.
(b) Protective
				disclosures. If a taxpayer is uncertain whether a transaction must be disclosed
				under this Part, the taxpayer may disclose the transaction in accordance with
				the requirements of this Part, and indicate on the appropriate forms that the
				taxpayer is uncertain whether the transaction is required to be disclosed under
				this Part and that the disclosure is being filed on a protective
				basis.
(c) Determination on the
				merits of a transaction. If a taxpayer requests a determination on the merits
				of a specific New York reportable transaction on or before the date that
				disclosure would otherwise be required under this Part, and receives a
				favorable determination as to the transaction, the disclosure rules under this
				Part will be deemed to have been satisfied by that taxpayer with regard to that
				transaction, so long as the request fully discloses all relevant facts relating
				to the transaction which would otherwise be required to be disclosed under this
				Part.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2500 - New York Reportable Transactions › Section 2500.7 - Retention of documents for New York reportable transactions

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 25(d) and (e)
(a) Every taxpayer required to disclose a New
				York reportable transaction as required under section2500.2 
				of this Part must retain a copy of all relevant documents related to such
				transaction in accordance with section 25 (d)  of the Tax
				Law.
(b) A taxpayer must retain all
				documents for six years from the due date of the return for which disclosure of
				a New York reportable transaction is required or the date of filing, if later;
				and must make such information available for inspection by the commissioner in
				connection with any examination.
(c) The retention requirements of this Part
				are in addition to any other retention requirements, general or specific,
				provided by law.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-1 - Introduction › Section 2600-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
				  Except as specifically provided in this Part, the provisions of this Part apply
				  to any individual required to be registered as a tax return preparer under
				  section 32  of the Tax Law.
(b) Coordination. The department may
				  coordinate with Federal, State, and local taxing authorities and professional
				  licensing or other regulatory bodies to exchange information and make
				  disciplinary referrals regarding the conduct of any individual who prepares a
				  substantial portion of a tax return for compensation, irrespective of whether
				  that individual is required to be registered under section 32  of the Tax Law.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-2 - Standards Of Eligibility For Registered Tax Return Preparers › Section 2600-2.2 - Continuing professional education requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) CPE. For the calendar year immediately
				  succeeding the date on which the department publishes a list of certified CPE
				  providers and/or software or other media and subsequent calendar years,
				  registered commercial tax return preparers shall be required to satisfy annual
				  CPE requirements, to be completed on or before the end of the calendar year.
				  Beginning commercial tax return preparers (with less than three years
				  experience preparing New York State tax returns) shall complete 16 credit hours
				  of CPE course work by the end of their first calendar year as a commercial tax
				  return preparer or, if later, by the end of the first calendar year for which
				  the department has certified CPE providers and/or software or other media
				  through published forms, instructions or other guidance, and four credit hours
				  annually thereafter. Experienced commercial tax return preparers (with more
				  than three years' experience preparing New York State tax returns) shall
				  complete four hours of accredited CPE annually.
(b) Limitations. The department may initially
				  limit the requirements of this section to commercial tax return preparers who
				  prepare income tax returns (commercial income tax return preparers) and
				  subsequently impose the requirements on other tax return preparers.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-2 - Standards Of Eligibility For Registered Tax Return Preparers › Section 2600-2.3 - Competency examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Examination requirements. As a condition to becoming a registered tax return
				  preparer, a commercial tax return preparer shall:
(1) pass the Internal Revenue Service
				  registered tax return preparers competency examination, if required for Federal
				  purposes; and
(2) pass a New York
				  State tax competency examination certified by the department, provided that
				  this requirement shall first apply to the registrations for the third calendar
				  year following the date on which an exam has been made available by the
				  department.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-2 - Standards Of Eligibility For Registered Tax Return Preparers › Section 2600-2.4 - Certification of continuing professional education courses, software, and providers

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall identify accredited CPE courses,
					 providers, and/or software or other media acceptable for use in satisfying the
					 CPE requirements for registered tax return preparers.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-3 - Standards Of Conduct › Section 2600-3.1 - Grounds for discipline of tax return preparers

Current through Register Vol. 46, No. 28, July 10, 2024
Grounds for discipline exist when the commissioner
					 determines that a tax return preparer has been shown:
(a) to be incompetent or disreputable within
				  the meaning of Subpart 2600-5 of this Part;
(b) to have willfully, recklessly or with
				  gross incompetence failed to comply with any section of this Part governing the
				  conduct of tax return preparers or any other applicable regulation or statute
				  governing the conduct of individuals who prepare New York tax returns;
				  or
(c) with intent to defraud, to
				  have willfully and knowingly misled or threatened a client or prospective
				  client.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-3 - Standards Of Conduct › Section 2600-3.2 - Best practices

Current through Register Vol. 46, No. 28, July 10, 2024
The best practices set forth in section
					 2600-4.3(k) 
					 of this Part are statements of practices for all tax return preparers to aspire
					 to achieve. A violation of a best practice will not alone constitute an act of
					 misconduct by the preparer sufficient to support a disciplinary
					 action.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-3 - Standards Of Conduct › Section 2600-3.3 - Forms of discipline

Current through Register Vol. 46, No. 28, July 10, 2024
When there are grounds for discipline under section
					 2600-3.1 
					 of this Subpart, then, in addition to or in lieu of imposing any penalties or
					 other sanctions that may apply pursuant to law, the commissioner may:
(a) refuse to issue, issue subject to
				  conditions, or suspend or cancel a registration under Tax Law section 32;
				  or
(b) deny the preparer the right
				  to prepare or file, or impose limitations or conditions on the preparer's
				  ability to prepare or file, New York tax returns in the future. Such conditions
				  may include placing the preparer on probation, or ordering the preparer to
				  attend remedial educational classes before being allowed again to prepare or
				  file New York returns.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-3 - Standards Of Conduct › Section 2600-3.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reckless
				  conduct. Reckless conduct is a highly unreasonable action, omission or
				  misrepresentation involving an extreme departure from the standards of ordinary
				  care that a tax return preparer should observe under the circumstances. A
				  pattern of conduct is a factor that will be taken into account in determining
				  whether a preparer acted knowingly, recklessly, or through gross
				  incompetence.
(b) Gross
				  incompetence. Gross incompetence includes conduct that reflects gross
				  indifference, tax return preparation or tax practice that is grossly inadequate
				  under the circumstances, or a consistent failure to perform obligations to the
				  client.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-4 - Duties And Responsibilities Of Tax Return Preparers › Section 2600-4.1 - Information to be furnished to the department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Available records. A tax return preparer
				  must, upon a proper and lawful request by a duly authorized officer or employee
				  of the department, promptly submit records or information in any matter before
				  the department related to a return prepared by the preparer unless the preparer
				  believes in good faith and on reasonable grounds that the records or
				  information are privileged or otherwise not subject to compulsory production
				  pursuant to subpoena.
(b)
				  Unavailable records. Where the requested records or information are not in the
				  possession of, or subject to the control of, the tax return preparer or the
				  preparer's client, the preparer must promptly notify the requesting officer or
				  employee and the preparer must provide any information that the preparer has
				  regarding the identity of any person who the preparer believes may have
				  possession or control of the requested records or information. The preparer
				  must make reasonable inquiry of his or her client regarding the identity of any
				  person who may have possession or control of the requested records or
				  information, but the preparer is not required to make inquiry of any other
				  person or independently verify any information provided by the preparer's
				  client regarding the identity of such persons.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-4 - Duties And Responsibilities Of Tax Return Preparers › Section 2600-4.2 - Interference

Current through Register Vol. 46, No. 28, July 10, 2024
A tax return preparer may not interfere, or attempt to
					 interfere, with any proper and lawful effort by the department, its officers or
					 employees, to obtain any record or information in connection with a return
					 prepared by the tax return preparer unless the preparer believes in good faith
					 and on reasonable grounds that the record or information is privileged or not
					 otherwise subject to compulsory production by subpoena.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-4 - Duties And Responsibilities Of Tax Return Preparers › Section 2600-4.3 - Duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Knowledge of
				  client's omission. A tax return preparer who, having been retained by a client
				  with respect to a matter administered by the department, knows that the client
				  has not complied with the tax and revenue laws of the United States or any
				  state or local government or has made an error in or omission from any return,
				  document, affidavit, or other form which the client submitted or executed under
				  the tax and revenue laws of the United States or any state or local government,
				  must advise the client promptly of the fact of such noncompliance, error, or
				  omission. The preparer must advise the client of the consequences as provided
				  under the applicable Federal, State or local laws and regulations of such
				  noncompliance, error, or omission. A preparer who knows that a return or
				  document that has been prepared for filing contains an error or omission, may
				  not sign, submit or file that return or document with the department, by
				  electronic means or otherwise.
(b)
				  Diligence as to accuracy.
(1) Due diligence.
				  In connection with any return prepared by the tax return preparer, the preparer
				  must exercise due diligence:
(i) in preparing
				  or assisting in the preparing, approving, and filing of tax returns, documents,
				  affidavits, and other papers relating to the return;
(ii) in determining the correctness of oral
				  or written representations made by the preparer regarding the return to the
				  department; and
(iii) in
				  determining the correctness of oral or written representations made by the
				  preparer to clients with reference to any matter administered by the department
				  in connection with the return.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IX - Procedural Regulations › Part 2600 - Tax Return Preparer Requirements › Subpart 2600-6 - Procedures › Section 2600-6.1 - Review of disciplinary action

Current through Register Vol. 46, No. 28, July 10, 2024
A tax return preparer who receives a notice of a
					 cancellation, revocation or suspension of a license, permit, or registration, a
					 denial of an application for a license, permit or registration or any other
					 disciplinary action may request a hearing as a matter of right pursuant to
					 article 40 of the Tax Law. A conciliation conference shall be provided pursuant
					 to section 170  of the Tax Law to any tax return
					 preparer subject to disciplinary action, at his or her option, provided that
					 the time to petition for a hearing before the Division of Tax Appeals has not
					 elapsed.