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Sponsors
History
- Substituted by A8556A
- Advanced to third reading
- 2nd report cal.
- 1st report cal.563
- Print number 5710a
- Amend (t) and recommit to finance
- Referred to finance
- Reported and committed to rules
- Referred to finance
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.
Relates to the definition of tax return preparer
Signed by Governor · Sponsor Herman D. Farrell
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 preparer" for purposes of registration of tax preparers under section 32.
Justification
The definition of "tax return preparer" in Tax Law section 32 inadvertently results in an inconsistency between Tax Law section 32 and Education 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 DTP, 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 preparation; 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.