Repeals provisions requiring wholesalers of alcoholic beverages to submit an annual report to the commissioner of taxation finance relating to sales tax collection

1 Co-sponsor

• Kenneth P. LaValle

BILL NUMBER:S6324A

Title of bill

An act to repeal subparagraph (C) of paragraph 1 of subdivision (i) of section 1136 of the tax law relating to the submission of annual information reports with the commissioner of taxation and finance by wholesalers of alcoholic beverages for purposes of sales tax collection

Purpose

Repeals provisions requiring wholesalers of alcoholic beverages to submit an annual report to the commissioner of taxation finance relating to sales tax collection.

Summary of specific provisions

Section one repeals Subparagraph (e) of paragraph 1 of subdivision (i) of section 1136 of the tax law.

Section two is the effective date.

Justification

This bill would repeal Subsection (C) of paragraph 1 of subdivision (i) of section 1136 of the tax law requiring wholesalers to the submit annual information reports with the commissioner of taxation and finance, including extensive and detailed information about each sale of alcoholic beverages where no sales tax is collected (i.e., sales to retail vendors), including:

* the vendor's name (legal entity name);

* the vendor's DBA (if different from legal entity name);

* the vendor's New York State Liquor Authority License Number (SLA );

* the total monthly sales of alcoholic beverages to each vendor (exclusive of total amounts for deposit and returns);

* the month and year of sales reported;

* the vendor's phone number;

* the vendor's address as it appears on its SLA license;

* The vendor's Federal Identification Number (EIN), which is the vendor's Social Security Number if vendor is a sole proprietorship; and

* The vendor's New York State Sales Tax Certificate of Authority Number.

By repealing this section of law, the unnecessary administrative burden placed on small businesses would be removed. The requirement stunted economic growth at a crucial time in our state's economy. By removing this barrier employment will no longer be hindered due to this costly administrative burden. This bill would give a break to hard pressed

businesses which are heavily regulated by freeing them from onerous, complex and expensive reporting requirements.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.