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| February
1, 2005 |
The
Monthly Newspaper of the NYSSCPA |
Vol.
8, No.2 |
Tax
Liaisons Meet with State Officials
Committee
Discusses Tax Changes and Ideas for the Future
By
Patricia P. Galley
Recently, I had
the honor to attend a tax liaison meeting in Albany. At this meeting,
New York state tax officials updated representatives from various organizations
about current or proposed changes in tax law, and addressed systematic
problems and concerns that have been brought to their attention. It
would be impractical to review everything discussed, so I’ve highlighted
what I feel would be of most interest to everyone.
1. The budget bill
had the following items (the full bill can be found by going to www.senate.state.ny.us):
A.
Changes in collection after notice and demand:
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21
calendar days for amounts equal to or greater than $100,000.
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10
business days for amounts less than $100,000.
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The
formal prepayment hearing is no longer available.
B.
Sales of co-ops that were previously treated as a sale of intangible
property will in 2004 be treated as a gain on the sale of shares of
a co-op (residential property):
C.
Changes to estate tax:
-
Repeals
article 10 of the tax law.
-
Current article 26 postpones the date interest is due for estates
on or after Feb. 1, 2000.
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Amends the formula used to calculate resident and nonresident estate
tax
D.
Empire Zones have been extended to March 31, 2005.
E.
The NYC Earned Income Credit is a refundable credit against New York
City tax of 5% of the NYS Earned Income Credit.
A.
IT-2664 (co-op sales). Form is to be sent to the tax department with
estimated tax on form TP-584 within 15 days of the transaction. Effective
for transactions on or after Nov. 18, 2004.
B.
IT-248 (film credit)
3. The long-term
care insurance credit has been increased from 10% to 20% of premiums
paid.
4. Forms redesign
program (proposals):
A.
Eliminate form IT-100 and IT-200 and replace with form IT-150.
B.
Convert two-page form IT-201 to a four-page form. Itemized deductions
would be incorporated into the main body of the form and no longer need
a separate attachment.
5. Higher LLC fees
expire at the end of Dec. 31, 2004. Smaller fees will still apply and
will be due by Jan. 30, 2005.
6. New York State
Tax Commissioner Andrew Eristoff discussed the following issues:
A.
The main strategy objective of the tax department is voluntary compliance
enhancement.
B.
New audit guidelines for nonresidents (includes 14-day diminitus rule).
C.
Tax shelters: a multistate application vehicle to share information
across states and with the IRS.
D.
Electronic filing: looking at making electronic filing mandatory for
tax practitioners.
E.
Streamline sales tax project: New York state has not yet conformed to
the unified sales tax laws. Waiting for legislation pending in Congress
that would overturn the Quill decision.
A.
Working to increase voluntary disclosure. Usually have around 300 cases;
would like to increase to 400 cases. The department will work with taxpayers
to have penalties abated.
B.
Voluntary disclosure process is administered by the audit department.
If a client wants to participate, contact Peter Bazar, Room 333, Building
9, WA Harriman Campus, Albany, NY 12227.
C.
New sales tax vendors should not register for sales tax any earlier
than 90 days before starting business.
8. Brownfields
Credits (effective April 1, 2005):
A.
New tax credit for developers:
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Remediation
credit.
-
Real
estate taxes.
-
Redevelopment
credit.
B.
To get credits, the developer must be a party to a Brownsfield clean-up
project with the Department of Environmental Conservation (DEC).
C.
To take credit, the developer needs a “Certificate of Completion”
from the DEC.
D.
Credit can also be taken on tangible personal property with a life of
four years or more.
E.
150 new zones; most are located on Long Island.
9. To dissolve
a corporation, call 1-800-EASY-OUT.
The tax liaison
meeting is held once a year in Albany. Questions are forwarded in advance
by tax practitioners and addressed at the meeting. If anyone has any
issues during the current year or suggestions that they would like addressed
at the next meeting, to be held in September 2005, please e-mail me
at pgalley@dopkins.com.
Patricia P.
Galley, CPA, Dopkins and Company LLP, Williamsville, N.Y., is a former
chair of the Buffalo Chapter’s Cooperation with Educational Institutions
Committee.
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