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NY A05253

Bill

Status

Introduced

2/11/2009

Primary Sponsor

Herman Farrell

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Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Amends the definition of "persons required to collect tax" under sales and compensating use tax law to exclude members of partnerships and limited liability companies from personal liability for tax collection obligations

  • Removes language that previously held officers, directors, employees, and members of business entities personally responsible for collecting, accounting for, and paying over sales taxes

  • Adds requirement that persons with a duty to collect tax who willfully fail to collect, account for, or pay over tax, or willfully attempt to evade or defeat the tax, are subject to liability

  • Exempts vendors who become vendors solely through clauses (D) or (E) of section 1101 from being "persons required to collect tax" until 20 days after they file a certificate of registration

  • Takes effect immediately and applies to all taxable sales, occupancies, or amusement admissions in sales tax periods still open for assessment or refund

Legislative Description

Provides that for the purposes of sales and compensating use tax collection, "persons required to collect tax" and "person required to collect any tax imposed by this article" shall not include any member of a partnership or limited liability company.

Last Action

reported referred to rules

6/24/2010

Committee Referrals

Rules6/24/2010
Ways and Means2/11/2009

Full Bill Text

No bill text available