S08528 Summary:

BILL NOS08528
 
SAME ASSAME AS A09234
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Amd §210-A, Tax L
 
Provides that receipts from other services and other business receipts, taxpayers, and combined groups including members, engaged in providing professional employer organization services shall include with such receipts amounts received with respect to wages, benefits, and other employee expenses disbursed to or for the benefit of a client's worksite employees and the related employment taxes if the amounts received are included in the calculation of the business income base or the combined business income base, respectively.
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S08528 Actions:

BILL NOS08528
 
02/08/2024REFERRED TO BUDGET AND REVENUE
05/14/2024REPORTED AND COMMITTED TO FINANCE
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S08528 Committee Votes:

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S08528 Floor Votes:

There are no votes for this bill in this legislative session.
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S08528 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8528
 
                    IN SENATE
 
                                    February 8, 2024
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue
 
        AN ACT to amend the tax law, in  relation  to  taxpayers,  and  combined
          groups  including  members, engaged in providing professional employer
          organization services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 10 of section 210-A of the tax
     2  law, as added by section 16 of part A of chapter 59 of the laws of 2014,
     3  is amended to read as follows:
     4    (a)   Receipts  from  other  services  and  other  business  receipts.
     5  Receipts from services not addressed in subdivisions one through nine of
     6  this section and other business receipts not addressed in such  subdivi-
     7  sions  shall  be included in the numerator of the apportionment fraction
     8  if the location of the customer is within the state. Such receipts  from
     9  customers  within  and without the state are included in the denominator
    10  of the apportionment fraction. For purposes of this  paragraph,  taxpay-
    11  ers, and combined groups including members, engaged in providing profes-
    12  sional  employer  organization services shall include with such receipts
    13  amounts received with respect to wages,  benefits,  and  other  employee
    14  expenses  disbursed to or for the benefit of a client's worksite employ-
    15  ees and the  related  employment  taxes  if  the  amounts  received  are
    16  included  in the calculation of the business income base or the combined
    17  business income base, respectively. Whether the receipts are included in
    18  the numerator of the apportionment fraction is determined  according  to
    19  the  hierarchy of method set forth in paragraph (b) of this subdivision.
    20  The taxpayer must exercise due diligence under each method described  in
    21  such paragraph (b) before rejecting it and proceeding to the next method
    22  in  the  hierarchy, and must base its determination on information known
    23  to the taxpayer or information that would be known to the taxpayer  upon
    24  reasonable inquiry.
    25    §  2.  This  act  shall take effect immediately and shall apply to all
    26  open tax years beginning on and after January 1, 2015.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14477-01-4
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