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A04096 Summary:

BILL NOA04096
 
SAME ASNo Same As
 
SPONSORCunningham
 
COSPNSR
 
MLTSPNSR
 
Add §1149, amd §174-b, Tax L
 
Requires new businesses to take a sales tax education course; lowers the statute of limitations for sales tax liability from 20 years to ten years.
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A04096 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4096
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Ways and Means
 
        AN ACT to amend the tax law, in relation to requiring a sales tax educa-
          tion course for new businesses and lowering the statute of limitations
          for sales tax liability to ten years

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The tax law is amended by adding a new section 1149 to read
     2  as follows:
     3    §  1149.  Sales tax education course. The commissioner shall create an
     4  online course to educate new businesses on the process of  imposing  and
     5  collecting  sales  tax. Such online course shall include an examination.
     6  Upon completion of such online course, new businesses  shall  receive  a
     7  certification in a form and manner to be determined by the commissioner.
     8  Upon  the  first  payment  of  sales tax to the state, each new business
     9  shall be required to provide proof of such certification.
    10    § 2. Section 174-b of the tax law is amended by adding a new  subdivi-
    11  sion 1-a to read as follows:
    12    1-a.  Notwithstanding subdivision one of this section, beginning April
    13  first, two thousand twenty-six:
    14    (a) A sales tax liability shall not be enforceable and every such  tax
    15  liability  shall  be  extinguished after ten years from the first date a
    16  warrant could be filed by the commissioner, if the warrant for such  tax
    17  liability  was filed by the commissioner after April first, two thousand
    18  sixteen.
    19    (b) A sales tax liability shall not be enforceable and every such  tax
    20  liability  shall be extinguished after fifteen years from the first date
    21  a warrant could be filed by the commissioner, if the  warrant  for  such
    22  tax liability was filed by the commissioner after April first, two thou-
    23  sand eleven and on or before April first, two thousand sixteen.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06562-01-5

        A. 4096                             2
 
     1    (c)  A  sales  tax  liability  shall not be enforceable and every such
     2  sales tax liability shall be extinguished on April first,  two  thousand
     3  twenty-six,  if  the  warrant  for  such  tax liability was filed by the
     4  commissioner on or before April first, two thousand eleven.
     5    § 3. This act shall take effect on April 1, 2026. Effective immediate-
     6  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
     7  necessary for the implementation of this act on its effective  date  are
     8  authorized to be made on or before such effective date.
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