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Who cares
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Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
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.
Authorizes the Westchester county board of elections to merge any election district with 50 or fewer registered voters into an existing election district
In Assembly Committee · Election Law · Sponsor J. Gary Pretlow
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2428 REVISED 06/09/11
Purpose
To eliminate a disparity in the collection of trust fund taxes for which there is no known policy or legislative basis.
Summary of provisions
Section I 131 of the tax law is amended to add a new subdivision (I) dealing with those people who are not responsible for payment of sales tax and therefore exempting them from such unpaid sales tax liability.
Existing law
None.
Jus tifi ca tion
As currently written, Section 1131 (1) appears on its face to impose absolute liability for unpaid sales taxes on all members of an LLC and on all limited partners of a limited partnership, without regard to whether the member or limited partner had an active role or significant involvement in the financial affairs or management of the business.
This amendment to the NYS Tax Law, section 1133, liability for the tax, will allow the responsible person concept to be applied uniformly to the determination of who is responsible for unpaid trust fund taxes owed by a business, without regard to the type of tax or the form of the business entity.
Section 121-303 of the NY Partnership Law similarly insulates limited partners from the debts of a partnership. This change would eliminate a disparity in the collection of trust fund taxes for which there is no
known policy or legislative basis.
If not corrected, Section 1131 (1) exposes mere passive investors in the LLCs and limited partnerships to personal liability for unpaid sales taxes of a business.
Legislative history
S.7922 of 2010 - Referred to Investigations & Government Operations
Fiscal implications
None.
Effective date
Immediatel y.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.