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.
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.