Eliminates the one-year time requirement for aggregation payments

BILL NUMBER:S7539

Title of bill

An act to amend the tax law, in relation to eliminating the one-year time requirement for aggregation payments

Purpose or general idea of bill

This legislation allows unpaid taxes to be collected in one aggregate payment, rather than in one-year increments.

Summary of specific provisions

Section 1 amends section 1807 of the tax law by removing the phrase "within one year".

Section 2 provides that this act shall take effect on the first of January next succeeding the date upon which it shall have become a law.

Justification

Currently, individuals being prosecuted for unpaid tax liability in the state of New York must be charged with separate counts of aggregate unpaid taxes for each year that the defendant has an outstanding unpaid tax liability. This is often not reflective of the overall lump sum of tax evaded by the defendant over several years.

This legislation would allow the aggregation of all unpaid taxes into a single charge in tax evasion cases. This eliminates the need to charge someone with multiple lower-level crimes when a single, higher-level charge would be more reflective of the scope of the defendant's crime if the defendant had intentionally under-reported a significant amount of tax liability for several years.

Prior legislative history

New Legislation

Fiscal implications

None to the state.

Effective date

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