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S296Senate2015-2016 SessionSame asA7078

Relates to the collection of sales tax on abstracts of title and other public records searches

Sponsor Jack M. MartinsSD-7Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Labor

No co-sponsors yet.

History

  1. Print number 296b
  2. Amend and recommit to investigations and government operations
  3. Referred to investigations and government operations
  4. Print number 296a
  5. Amend and recommit to investigations and government operations
  6. Referred to investigations and government operations

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.

A7078Assembly

Relates to the collection of sales tax on abstracts of title and other public records searches

In Assembly Committee · Ways And Means · Sponsor Fred Thiele

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 collection of sales tax on abstracts of title and other public records searches

Purpose or general idea of bill

To relieve title insurance providers and agents from the expense, burden and complexities associated with collecting sales tax on information services that have been historically exempt from sales tax.

Summary of specific provisions

Section one amends paragraph one of subdivision c of section 1105 of the tax law by excluding information services such as abstracts of title, tax searches, searches for municipal records for violations, certificates of title and lien searches from sales tax.

Section two sets the effective date.

Justification

Due to the severe downturn in the real estate sector of the economy, the title insurance industry has suffered particularly hard and the slow recovery of the real estate market has forced many agents with depleted reserves to lay off employees or close their doors. The loss of these small businesses further prolongs the overall economic recovery.

Despite having been historically exempt from sales tax for their services, certain portions of title company services became subject to taxation in 2222.

Unfortunately, due to the variety of services and transactions; the identification of the end user of the services (from whom the tax should collected); the location of the closing (which affects tax rate and may not be known or change with little notice); or whether the transaction closes at all (in which case the "end user" is the title agency itself, liable for sales tax on unpaid work product destined for the shredder), and other complexities particular to a transaction, the proper implementation of this law has been exceedingly difficult. And reliable, sound and consistent advice on the matter has been nearly impossible to obtain.

All of this has been further compounded by the additional procedural, bookkeeping and accounting costs and time necessary for implementation of this convoluted system.

At a time when New York State has finally undertaken efforts to attract and retain businesses here, this recently enacted tax is inappropriate and should be eliminated.

Prior legislative history

S.3669-A (2014)

Fiscal implications

None to the state.

Effective date

This act shall take effect April 1, 2017.

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