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.
STATE OF NEW YORK
________________________________________________________________________
5936
2013-2014 Regular Sessions
IN ASSEMBLY
March 8, 2013
___________
Introduced by M. of A. SCHIMMINGER, OTIS, STECK, LUPARDO, JAFFEE,
GABRYSZAK, MAGNARELLI -- Multi-Sponsored by -- M. of A. ABBATE, COOK,
RIVERA, ROSA -- read once and referred to the Committee on Ways and
Means
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:
1 Section 1. Subdivision (a) of section 1138 of the tax law is amended
2 by adding a new paragraph 5 to read as follows:
3 (5) Whenever a return required by this article is not filed, or if a
4 return when filed is incorrect or insufficient, and the amount of tax
5 due is determined by the commissioner from such information as may be
6 available pursuant to paragraph one of this subdivision, any external
7 indices used to estimate the tax due shall reflect the local economic
8 conditions.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06950-01-3
