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A8556Assembly2009-2010 SessionSame asS5710

Relates to the definition of tax return preparer

Sponsor Herman D. FarrellAD-71Affects Finance
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Herman D. Farrell

Assembly Member · Assembly District 71

No co-sponsors yet.

History

  1. Signed chap.242
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 59–0
  5. 3rd reading cal.563
  6. Substituted for S5710A
  7. Referred to finance
  8. Delivered to senate
  9. Passed assembly
  10. Amended on third reading (t) 8556a
  11. Ordered to third reading cal.608
  12. Returned to assembly
Show 9 earlier actions
  1. Died in senate
  2. Referred to rules
  3. Delivered to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.447
  6. Rules report cal.447
  7. Reported
  8. Reported referred to rules
  9. Referred to ways and means

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5710Senate

Relates to the definition of tax return preparer

Senate Floor Calendar · Sponsor Carl Kruger

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8556A

Title of bill

An act to amend the tax law, in relation to the definition of a tax return preparer

Purpose or general idea of bill

This bill will make a technical correction in the definition of "tax return preparer" in new Tax Law section 32 subdivision 1 paragraph 14, as enacted by Chapter 159 of 2009 (Budget Bill A.159-B/S.59-B).

Summary of specific provisions

This bill would amend paragraph 14 of subdivision 1 of Tax Law section 32 to exclude attorneys, public accountants, and certified public accountants and firms thereof from the definition of "tax return prepar- er" for purposes of registration of tax preparers under section 32.

Justification

The definition of "tax return preparer" in Tax Law section 32 inadvert- ently results in an inconsistency between Tax Law section 32 and Educa- tion Law section 7406-a, with respect to registration of out-of-state CPAs who prepare New York tax returns. Education Law section 7406-a authorizes out-of-state CPAs to perform tax services (a non-attest service) in New York. An out-of-state CPA who performs non-attest services in New York (i.e. preparing a New York tax return in person, by mail, telephone or other electronic means) I automatically consents to the jurisdiction, rules and disciplinary authority of the Board of Regents, and to the regulations of the Commissioner of Education.

The memorandum of support for Budget Bill A.159-B/S.59-B (Chapter 159 of 2009) asserts that the tax preparer registration provisions in Tax Law section 32 "represent a first effort to establish communication between tax preparers and OTP, thereby setting the stage for future cooperative development of standards to enhance the quality of tax preparation services in New York State." While this justification is applicable to non-licensed tax preparers, it fails to recognize that CPAs licensed in the united States must comply with professional standards for tax prepa- ration; are educated in taxation and examined in taxation under the Uniform CPA examination (one of the four sections of the CPA exam is exclusively in taxation) i and that the CPA profession has maintained long-standing communication with Department of Taxation and Finance.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall, take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.