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A07462 Summary:

BILL NOA07462A
 
SAME ASSAME AS S05572-B
 
SPONSORBuchwald
 
COSPNSRFahy, Paulin, Crespo, Perry, Barrett, Simon, Abinanti, Carroll, Titone, Pichardo, Mayer, Gottfried, Quart, Brindisi, Rodriguez, Ortiz, Rosenthal, D'Urso, Lavine, Jean-Pierre, Sepulveda, Jaffee, Mosley, De La Rosa, Woerner, Colton, Barnwell, Niou, Cusick, O'Donnell, Lifton, Arroyo, Steck, Joyner, Ryan, Seawright, Raia, Glick, Dinowitz, Wallace, Lentol, Hooper, Bichotte, Titus, Galef, Pheffer Amato, Vanel, Simotas, Rivera, Skartados, Kearns, Williams, Barron, Kim, Wright, Walker, Harris, Richardson, Stirpe, Davila, Magee, Cahill, Thiele, Ramos, Jenne, Englebright, Aubry, Hyndman, Cymbrowitz, DenDekker, Gjonaj, Abbate, Bronson, Gantt, Pellegrino
 
MLTSPNSRLupardo
 
Amd 697, Tax L
 
Requires the disclosure of tax returns by statewide elected public officials including the president of the United States.
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A07462 Actions:

BILL NOA07462A
 
04/26/2017referred to ways and means
06/02/2017amend and recommit to ways and means
06/02/2017print number 7462a
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A07462 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7462A
 
SPONSOR: Buchwald
  TITLE OF BILL: An act to amend the tax law, in relation to requiring the disclosure of tax returns by statewide elected public officials including the president of the United States   SUMMARY OF PROVISIONS: Section one of the bill adds a new subsection (p) to section 697 of the Tax Law to require the Commissioner of the New York State Department of Taxation and Finance to post on the Department's website: -An annual statement disclosing whether the President of the United States, Vice President, a United States Senator representing New York or a statewide elected official has filed New York State income tax returns for current years after the effective date of this law. Included in such statement shall be up to 16 pieces of New York; -Specific tax information to provide a basic sense of the elected offi- cial's tax obligations; -Copies of such elected official's New York State income tax returns for current years after the effective date of this law; -Copies of such elected official's New York State income tax returns for the immediately preceding five taxable years, with selected information redacted as outlined below. The Commissioner shall redact the following information from tax returns including social security numbers of the taxpayer, spouse and any depen- dents claimed, account numbers, addresses and any additional information the Commissioner determines would violate federal law. If any informa- tion is redacted, the Commissioner shall, at the time of posting such redacted return, post to the website a description of the type of infor- mation redacted and an explanation of the determination that the infor- mation would constitute a violation of federal law. This legislation includes a standard severability clause, although the authors believe the bill to be entirely a valid exercise of New York State Law. Section two of the bill sets the effective date.   JUSTIFICATION: High level elected officials, particularly those who single handedly run government departments or are next in line to be a chief executive, hold a unique place within the public trust. For a representative democracy to run well, the public must have confidence that our elected officials work on the people's behalf. Historically, the release of tax returns by elected officials in high public office has been the norm. Tax returns provide information as to an elected official's compliance with law, charitable nature and econom- ic connections. They tend to disclose conflicts and potential conflicts of interests. They also show weather such official, who may propose significant or esoteric shifts on tax policy would personally benefit from such proposals. This legislation will make tax information and returns of high ranking statewide elected officials in New York State available to the public for the duration of that official's time in office. It will also provide for the availability of an official's tax information and returns for the preceding five years before the official took office. Among other things, this disclosure provides a timeline of financial transparency and to show consistency in tax payment.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTS ON FINES, TERMS OF IMPRISONMENTS OR OTHER PENAL SANCTIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A07462 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7462--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 26, 2017
                                       ___________
 
        Introduced  by  M. of A. BUCHWALD, FAHY, PAULIN, CRESPO, PERRY, BARRETT,
          SIMON, ABINANTI, CARROLL, TITONE, PICHARDO, MAYER,  GOTTFRIED,  QUART,
          BRINDISI,  RODRIGUEZ,  ORTIZ,  ROSENTHAL, D'URSO, LAVINE, JEAN-PIERRE,
          SEPULVEDA, JAFFEE, MOSLEY, DE LA ROSA, HUNTER, WOERNER, COLTON,  BARN-
          WELL,  NIOU,  CUSICK,  O'DONNELL, LIFTON, ARROYO, STECK, JOYNER, RYAN,
          SEAWRIGHT, RAIA,  GLICK,  DINOWITZ,  WALLACE,  LENTOL,  COOK,  HOOPER,
          BICHOTTE, TITUS, GALEF, PHEFFER AMATO, VANEL, SIMOTAS, RIVERA, SKARTA-
          DOS,  KEARNS,  WILLIAMS, BARRON, KIM, WRIGHT, WALKER, HARRIS, RICHARD-
          SON, STIRPE, DAVILA, MAGEE, CAHILL, THIELE, RAMOS, JENNE, ENGLEBRIGHT,
          AUBRY,  HYNDMAN,  CYMBROWITZ,  DenDEKKER,  GJONAJ,  ABBATE,   BRONSON,
          FARRELL  --  Multi-Sponsored  by -- M.  of A. LUPARDO -- read once and
          referred to the Committee on Ways and Means --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        AN ACT to amend the tax law, in relation to requiring the disclosure  of
          tax returns by statewide elected public officials including the presi-
          dent of the United States
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 697 of the tax law  is  amended  by  adding  a  new
     2  subsection (p) to read as follows:
     3    (p)  Disclosure  of  certain  elected officials' tax information.--(1)
     4  Notwithstanding the provisions of subsection (e) of  this  section,  the
     5  commissioner shall post on the department's website:
     6    (A) A statement disclosing whether the president of the United States,
     7  the vice president of the United States, a United States senator repres-
     8  enting  New  York state or a statewide elected official, as that term is
     9  defined in section seventy-three of the public officers law,  has  filed
    10  New York state income tax returns pursuant to this article in any of the
    11  immediately  preceding  five  taxable  years.  With respect to each such
    12  return, the commissioner shall include in such statement  the  following
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11072-10-7

        A. 7462--A                          2
 
     1  information  as  reported  on  the  return:  (i) New York adjusted gross
     2  income, (ii) any standard deduction or itemized  deductions  claimed  on
     3  the  return,  (iii) taxable income, (iv) total New York state taxes due,
     4  (v)  total  New York city and Yonkers taxes, surcharges and metropolitan
     5  commuter transportation mobility taxes due, (vi)  sales  or  use  taxes,
     6  (vii)  any payments and refundable credits, (viii) total New York state,
     7  New York city and Yonkers  taxes  withheld,  (ix)  total  estimated  tax
     8  payments,  (x)  whether  the taxpayer claimed a refund with such return,
     9  and if so the amount of such refund, (xi) whether the taxpayer  reported
    10  any  amount  owed,  and  if  so the amount owed, (xii) any estimated tax
    11  penalty, and (xiii) any other penalties and interest.
    12    (B) Copies of all New York state  income  tax  returns  filed  to  the
    13  department  pursuant  to  this  article  by  the president of the United
    14  States, the vice president of the United States, a United States senator
    15  representing New York state or a statewide elected official with respect
    16  to each of the immediately preceding five taxable years, provided howev-
    17  er that the following information shall be redacted prior to such copies
    18  being posted on the department's  website:  (i)  the  taxpayer's  social
    19  security  number,  (ii)  the  social  security  number of the taxpayer's
    20  spouse and any individuals claimed as dependents on  the  return,  (iii)
    21  any  account  number reported on the return, (iv) any taxpayer addresses
    22  on the return, and (v) any additional information  if  the  commissioner
    23  determines  that the disclosure of such information will violate federal
    24  law.
    25    (C) The commissioner shall make the first such  postings  required  by
    26  this  paragraph  no  later  than thirty days after the effective date of
    27  this subsection, and subsequent postings no later than thirty days after
    28  the president of the United States, the vice  president  of  the  United
    29  States,  a United States senator representing New York state or a state-
    30  wide elected official takes his or her oath of office.
    31    (D) Statements and state income tax returns posted on the department's
    32  website pursuant to  this  paragraph  shall  remain  posted  until  such
    33  elected official leaves office.
    34    (2)  Notwithstanding the provisions of subsection (e) of this section,
    35  the commissioner shall, on an annual basis as hereinafter provided, post
    36  on the department's website:
    37    (A) A statement disclosing whether the president of the United States,
    38  the vice president of the United States, a United States senator repres-
    39  enting New York state or a statewide elected official, as that  term  is
    40  defined  in  section seventy-three of the public officers law, has filed
    41  New York state income tax returns pursuant to this article on  or  after
    42  the effective date of this subsection. With respect to each such return,
    43  the  commissioner shall include in such statement the following informa-
    44  tion as reported on the return: (i) New York adjusted gross income, (ii)
    45  any standard deduction or itemized deductions  claimed  on  the  return,
    46  (iii) taxable income, (iv) total New York state taxes due, (v) total New
    47  York city and Yonkers taxes, surcharges and metropolitan commuter trans-
    48  portation  mobility  taxes  due,  (vi)  sales  or  use  taxes, (vii) any
    49  payments and refundable credits, (viii) total New York state,  New  York
    50  city  and Yonkers taxes withheld, (ix) total estimated tax payments, (x)
    51  whether the taxpayer claimed a refund with such return, and  if  so  the
    52  amount  of  such  refund,  (xi) whether the taxpayer reported any amount
    53  owed, and if so the amount owed, (xii) any estimated  tax  penalty,  and
    54  (xiii) any other penalties and interest.
    55    (B)  Copies  of  all  New  York  state income tax returns filed to the
    56  department pursuant to this article on or after the  effective  date  of

        A. 7462--A                          3
 
     1  this  subsection, by the president of the United States, the vice presi-
     2  dent of the United States, a United States senator representing New York
     3  state or a statewide elected official, provided however that the follow-
     4  ing  information  shall be redacted prior to such copies being posted on
     5  the department's website: (i) the  taxpayer's  social  security  number,
     6  (ii)  the  social security number of the taxpayer's spouse and any indi-
     7  viduals claimed as dependents on the returns, (iii) any  account  number
     8  reported on the returns, (iv) any taxpayer addresses on the returns, and
     9  (v)  any  additional information if the commissioner determines that the
    10  disclosure of such information will violate federal law.
    11    (C) The commissioner shall make the postings required  by  this  para-
    12  graph  no  later than the fifteenth day of the fifth month following the
    13  close of the taxable year, provided however that if the president of the
    14  United States, the vice president of the United States, a United  States
    15  senator  representing  New  York  or  a  statewide  elected official has
    16  obtained an extension for  filing  a  return  pursuant  to  section  six
    17  hundred  fifty-seven of this article, such postings shall occur no later
    18  than thirty days after the return is filed with the department.
    19    (D) Statements and returns posted on the department's website pursuant
    20  to this paragraph shall remain posted until such elected official leaves
    21  office.
    22    (3) If the commissioner redacts any information from a  return  posted
    23  pursuant  to this subsection based on a determination that disclosure of
    24  such information would violate federal law, the commissioner  shall,  at
    25  the  time  of  posting  such  redacted  return, post on the department's
    26  website a description of the type of information that was redacted  from
    27  the  return  and  a  detailed explanation of the commissioner's determi-
    28  nation that disclosure of such information would constitute a  violation
    29  of federal law.
    30    (4)  For  purposes of this subsection, "state income tax return" shall
    31  mean any tax or information return, declaration  of  estimated  tax,  or
    32  claim  for  refund  required by, or provided for or permitted under, the
    33  provisions of this article which is filed with the department or commis-
    34  sion by, on behalf of, or with respect to any person, and any  amendment
    35  or  supplement  thereto, including supporting schedules, attachments, or
    36  lists which are supplemental to, or part of, the return so filed.
    37    (5) If any clause, sentence, paragraph  or  part  of  this  subsection
    38  shall  be adjudged by any court of competent jurisdiction to be invalid,
    39  the judgment shall not affect, impair or invalidate the remainder there-
    40  of, but shall be confined in its  operation  to  the  clause,  sentence,
    41  paragraph or part of this subsection directly involved in the controver-
    42  sy in which the judgment shall have been rendered.
    43    § 2. This act shall take effect immediately.
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