Bill Text: NY A05462 | 2011-2012 | General Assembly | Introduced
Bill Title: Reestablishes the commuter tax imposing an earnings tax on nonresidents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to ways and means [A05462 Detail]
Download: New_York-2011-A05462-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5462
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law and the general city law, in relation to
imposing the earnings tax on nonresidents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1301 of the tax law is amended by adding a new
2 subsection (c) to read as follows:
3 (C) THE TAXES AUTHORIZED BY THIS ARTICLE MAY BE IMPOSED ONLY IF THE
4 GENERAL CITY LAW AUTHORIZES THE ADOPTION OF A CITY TAX ON THE EARNINGS
5 OF NONRESIDENTS AND THE CITY IMPOSING THE TAX AUTHORIZED BY THIS ARTICLE
6 ALSO IMPOSES SUCH TAX ON THE EARNINGS OF NONRESIDENTS.
7 S 2. The general city law is amended by adding a new article 2-E to
8 read as follows:
9 ARTICLE 2-E
10 CITY EARNINGS TAX ON NONRESIDENTS
11 SECTION 25-M. AUTHORIZATION TO IMPOSE TAX.
12 25-N. ADMINISTRATIVE PROVISIONS.
13 25-O. DEPOSIT AND DISPOSITION OF REVENUES.
14 S 25-M. AUTHORIZATION TO IMPOSE TAX. IN ADDITION TO ANY OTHER TAXES,
15 NOW AUTHORIZED BY LAW, ANY CITY HAVING A POPULATION OF ONE MILLION OR
16 MORE IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS
17 IMPOSING A TAX ON THE EARNINGS OF NONRESIDENTS OF SUCH CITY TO BE ADMIN-
18 ISTERED IN THE MANNER PROVIDED FOR IN THIS ARTICLE BY THE ADMINISTRATOR
19 AS DEFINED IN SECTION ONE OF THE MODEL LOCAL LAW HEREINAFTER SET FORTH.
20 THE TAX AUTHORIZED BY THIS ARTICLE MAY BE IMPOSED ONLY IF THE CITY
21 IMPOSING THE TAX HEREIN AUTHORIZED ALSO IMPOSES A TAX ON THE PERSONAL
22 INCOME OF ITS RESIDENTS. THE RATES OF SUCH TAX SHALL BE THE RATES
23 CONTAINED IN EITHER SECTION TWO OR THREE OF THE MODEL LOCAL LAW AND SUCH
24 RATES MAY BE REDUCED AND INCREASED, PROVIDED THAT THE RATES SHALL NOT BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08941-01-1
A. 5462 2
1 FIXED HIGHER THAN THOSE CONTAINED IN SECTION THREE OF SUCH MODEL LOCAL
2 LAW.
3 THE TERMS OF SUCH LOCAL LAW SHALL BE SUBSTANTIALLY THE SAME AS THE
4 FOLLOWING MODEL LOCAL LAW EXCEPT THAT THE APPENDIX AND THE SUPPLEMENT TO
5 THE APPENDIX IN SUCH LOCAL LAW MAY BE AMENDED FOR THE PURPOSE OF
6 CONFORMING IT WITH THE UNITED STATES INTERNAL REVENUE CODE OR OTHER
7 FEDERAL LAWS RELATING TO TAXATION AS PRESENTLY IN EFFECT OR AS THEY MAY
8 BE AMENDED.
9 EARNINGS TAX ON NONRESIDENTS
10 MODEL LOCAL LAW
11 SECTION 1. MEANING OF TERMS.
12 2. PERSONS SUBJECT TO TAX.
13 3. PERSONS SUBJECT TO TAX.
14 4. TAXABLE YEARS TO WHICH TAX IMPOSED BY THIS LOCAL LAW
15 APPLIES; TAX FOR TAXABLE YEARS BEGINNING PRIOR TO AND
16 ENDING AFTER JULY FIRST, NINETEEN HUNDRED SIXTY-SIX.
17 5. ALLOCATION TO THE CITY.
18 6. ACCOUNTING PERIODS AND METHODS.
19 7. WITHHOLDING OF TAX ON WAGES.
20 8. WITHHOLDING OF TAX ON WAGES FOR TAXABLE PERIODS COMMENCING
21 ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED SEVENTY-SIX.
22 9. INFORMATION STATEMENT FOR EMPLOYEE.
23 10. CREDIT FOR TAX WITHHELD.
24 11. EMPLOYER'S RETURN AND PAYMENT OF WITHHELD TAXES.
25 12. EMPLOYER'S LIABILITY FOR WITHHELD TAXES.
26 13. EMPLOYER'S FAILURE TO WITHHOLD.
27 14. RETURNS AND PAYMENT OF TAX.
28 15. COMBINED RETURNS, EMPLOYER'S RETURNS AND PAYMENTS.
29 16. EFFECT OF INVALIDITY IN PART; INCONSISTENCIES WITH OTHER
30 LAWS.
31 S 1. MEANING OF TERMS. AS USED IN THIS LOCAL LAW, THE FOLLOWING TERMS
32 SHALL MEAN AND INCLUDE:
33 (A) "ADMINISTRATOR" MEANS THE FINANCE ADMINISTRATOR OR OTHER FISCAL
34 OFFICER OF THE CITY CHARGED WITH ADMINISTRATION OF THE TAX ON EARNINGS
35 OF NONRESIDENTS IMPOSED BY THIS LOCAL LAW, EXCEPT WITH RESPECT TO TAXES
36 IMPOSED FOR ANY TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, NINE-
37 TEEN HUNDRED SEVENTY-SIX, SUCH TERM SHALL MEAN STATE TAX COMMISSION.
38 (B) "CITY" MEANS THE CITY IMPOSING THE TAX.
39 (C) "PAYROLL PERIOD" AND "EMPLOYER" SHALL MEAN THE SAME AS PAYROLL
40 PERIOD AND EMPLOYER AS DEFINED IN SUBSECTIONS (B) AND (D) OF SECTION
41 THIRTY-FOUR HUNDRED ONE OF THE INTERNAL REVENUE CODE, AND "EMPLOYEE"
42 SHALL ALSO INCLUDE ALL THOSE INCLUDED AS EMPLOYEES IN SUBSECTION (C) OF
43 SUCH SECTION OF SUCH CODE.
44 (D) "WAGES" SHALL MEAN WAGES AS DEFINED IN SUBSECTION (A) OF SECTION
45 THIRTY-FOUR HUNDRED ONE OF THE INTERNAL REVENUE CODE, EXCEPT THAT (1)
46 WAGES SHALL NOT INCLUDE PAYMENTS FOR ACTIVE SERVICE AS A MEMBER OF THE
47 ARMED FORCES OF THE UNITED STATES AND SHALL NOT INCLUDE, IN THE CASE OF
48 A NONRESIDENT INDIVIDUAL OR PARTNER OF A PARTNERSHIP DOING AN INSURANCE
49 BUSINESS AS A MEMBER OF THE NEW YORK INSURANCE EXCHANGE DESCRIBED IN
50 SECTION SIX THOUSAND TWO HUNDRED ONE OF THE INSURANCE LAW, ANY ITEM OF
51 INCOME, GAIN, LOSS OR DEDUCTION OF SUCH BUSINESS WHICH IS SUCH INDIVID-
52 UAL'S DISTRIBUTIVE OR PRO RATA SHARE FOR FEDERAL INCOME TAX PURPOSES OR
53 WHICH SUCH INDIVIDUAL IS REQUIRED TO TAKE INTO ACCOUNT SEPARATELY FOR
54 FEDERAL INCOME TAX PURPOSES AND (2) WAGES SHALL INCLUDE THE AMOUNT OF
55 MEMBER OR EMPLOYEE CONTRIBUTIONS TO A RETIREMENT SYSTEM OR PENSION FUND
56 PICKED UP OR PAID BY THE EMPLOYER PURSUANT TO SUBDIVISION F OF SECTION
A. 5462 3
1 FIVE HUNDRED SEVENTEEN OR SUBDIVISION D OF SECTION SIX HUNDRED THIRTEEN
2 OF THE RETIREMENT AND SOCIAL SECURITY LAW.
3 (E) "NET EARNINGS FROM SELF-EMPLOYMENT" SHALL MEAN THE SAME AS NET
4 EARNINGS FROM SELF-EMPLOYMENT AS DEFINED IN SUBSECTION (A) OF SECTION
5 FOURTEEN HUNDRED TWO OF THE INTERNAL REVENUE CODE, EXCEPT THAT THE
6 DEDUCTION FOR WAGES AND SALARIES PAID OR INCURRED FOR THE TAXABLE YEAR
7 WHICH IS NOT ALLOWED PURSUANT TO SECTION TWO HUNDRED EIGHTY-C OF SUCH
8 CODE SHALL BE ALLOWED, AND EXCEPT THAT AN ESTATE OR TRUST SHALL BE
9 DEEMED TO HAVE NET EARNINGS FROM SELF-EMPLOYMENT DETERMINED IN THE SAME
10 MANNER AS IF IT WERE AN INDIVIDUAL SUBJECT TO THE TAX ON SELF-EMPLOYMENT
11 INCOME IMPOSED BY SECTION FOURTEEN HUNDRED ONE OF THE INTERNAL REVENUE
12 CODE DIMINISHED BY (1) THE AMOUNT OF ANY DEDUCTION ALLOWED BY SUBSECTION
13 (C) OF SECTION SIX HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE AND
14 (2) THE DEDUCTIONS ALLOWED BY SECTIONS SIX HUNDRED FIFTY-ONE AND SIX
15 HUNDRED SIXTY-ONE OF SAID CODE TO THE EXTENT THAT THEY REPRESENT
16 DISTRIBUTIONS OR PAYMENTS TO A RESIDENT OF THE CITY. HOWEVER, "TRADE OR
17 BUSINESS" AS USED IN SUBSECTION (A) OF SECTION FOURTEEN HUNDRED TWO OF
18 SUCH CODE SHALL MEAN THE SAME AS TRADE OR BUSINESS AS DEFINED IN
19 SUBSECTION (C) OF SECTION FOURTEEN HUNDRED TWO OF SUCH CODE, EXCEPT THAT
20 PARAGRAPHS (4), (5) AND (6) OF SUCH SUBSECTION SHALL NOT APPLY IN DETER-
21 MINING NET EARNINGS FROM SELF-EMPLOYMENT TAXABLE UNDER THIS LOCAL LAW.
22 PROVIDED HOWEVER, IN THE CASE OF A NONRESIDENT INDIVIDUAL OR PARTNER OF
23 A PARTNERSHIP DOING AN INSURANCE BUSINESS DESCRIBED IN SECTION SIX THOU-
24 SAND TWO HUNDRED ONE OF THE INSURANCE LAW, ANY ITEM OF INCOME, GAIN,
25 LOSS OR DEDUCTION OF SUCH BUSINESS WHICH IS THE INDIVIDUAL'S DISTRIBU-
26 TIVE OR PRO RATA SHARE FOR FEDERAL INCOME TAX PURPOSES OR WHICH THE
27 INDIVIDUAL IS REQUIRED TO TAKE INTO ACCOUNT SEPARATELY FOR FEDERAL
28 INCOME TAX PURPOSES SHALL NOT BE CONSIDERED TO BE "NET EARNINGS FROM
29 SELF-EMPLOYMENT".
30 (F) "TAXABLE YEAR" SHALL MEAN THE TAXPAYER'S TAXABLE YEAR FOR FEDERAL
31 INCOME TAX PURPOSES.
32 (G) RESIDENT INDIVIDUAL. A RESIDENT INDIVIDUAL MEANS AN INDIVIDUAL:
33 (1) WHO IS DOMICILED IN THE CITY, UNLESS (A) HE OR SHE MAINTAINS NO
34 PERMANENT PLACE OF ABODE IN THE CITY, MAINTAINS A PERMANENT PLACE OF
35 ABODE ELSEWHERE, AND SPENDS IN THE AGGREGATE NOT MORE THAN THIRTY DAYS
36 OF THE TAXABLE YEAR IN THE CITY, OR (B) (I) WITHIN ANY PERIOD OF FIVE
37 HUNDRED FORTY-EIGHT CONSECUTIVE DAYS HE OR SHE IS PRESENT IN A FOREIGN
38 COUNTRY OR COUNTRIES FOR AT LEAST FOUR HUNDRED FIFTY DAYS, AND (II)
39 DURING SUCH PERIOD OF FIVE HUNDRED FORTY-EIGHT CONSECUTIVE DAYS HE OR
40 SHE IS NOT PRESENT IN THE CITY FOR MORE THAN NINETY DAYS AND DOES NOT
41 MAINTAIN A PERMANENT PLACE OF ABODE IN THE CITY AT WHICH HIS OR HER
42 SPOUSE (UNLESS SUCH SPOUSE IS LEGALLY SEPARATED) OR MINOR CHILDREN ARE
43 PRESENT FOR MORE THAN NINETY DAYS, AND (III) DURING ANY PERIOD OF LESS
44 THAN TWELVE MONTHS, WHICH WOULD BE TREATED AS A SEPARATE TAXABLE PERIOD
45 BASED ON A CHANGE OF RESIDENT STATUS, AND WHICH PERIOD IS CONTAINED
46 WITHIN SUCH PERIOD OF FIVE HUNDRED FORTY-EIGHT CONSECUTIVE DAYS, HE OR
47 SHE IS PRESENT IN THE CITY FOR A NUMBER OF DAYS WHICH DOES NOT EXCEED AN
48 AMOUNT WHICH BEARS THE SAME RATIO TO NINETY AS THE NUMBER OF DAYS
49 CONTAINED IN SUCH PERIOD OF LESS THAN TWELVE MONTHS BEARS TO FIVE
50 HUNDRED FORTY-EIGHT, OR
51 (2) WHO IS NOT DOMICILED IN THE CITY BUT MAINTAINS A PERMANENT PLACE
52 OF ABODE IN THE CITY AND SPENDS IN THE AGGREGATE MORE THAN ONE HUNDRED
53 EIGHTY-THREE DAYS OF THE TAXABLE YEAR IN THE CITY, UNLESS SUCH INDIVID-
54 UAL IS IN ACTIVE SERVICE IN THE ARMED FORCES OF THE UNITED STATES.
55 (H) NONRESIDENT INDIVIDUAL. A NONRESIDENT INDIVIDUAL MEANS AN INDIVID-
56 UAL WHO IS NOT A RESIDENT.
A. 5462 4
1 (I) RESIDENT ESTATE OR TRUST. A RESIDENT ESTATE OR TRUST MEANS:
2 (1) THE ESTATE OF A DECEDENT WHO AT HIS OR HER DEATH WAS DOMICILED IN
3 THE CITY,
4 (2) A TRUST, OR A PORTION OF A TRUST, CONSISTING OF PROPERTY TRANS-
5 FERRED BY WILL OF A DECEDENT WHO AT HIS OR HER DEATH WAS DOMICILED IN
6 THE CITY, OR
7 (3) A TRUST, OR PORTION OF A TRUST, CONSISTING OF THE PROPERTY OF:
8 (A) A PERSON DOMICILED IN THE CITY AT THE TIME SUCH PROPERTY WAS
9 TRANSFERRED TO THE TRUST, IF SUCH TRUST OR PORTION OF A TRUST WAS THEN
10 IRREVOCABLE, OR IF IT WAS THEN REVOCABLE AND HAS NOT SUBSEQUENTLY BECOME
11 IRREVOCABLE; OR
12 (B) A PERSON DOMICILED IN THE CITY AT THE TIME SUCH TRUST, OR PORTION
13 OF A TRUST, BECAME IRREVOCABLE, IF IT WAS REVOCABLE WHEN SUCH PROPERTY
14 WAS TRANSFERRED TO THE TRUST BUT HAS SUBSEQUENTLY BECOME IRREVOCABLE.
15 FOR THE PURPOSES OF THE FOREGOING, A TRUST OR PORTION OF A TRUST IS
16 REVOCABLE IF IT IS SUBJECT TO A POWER, EXERCISABLE IMMEDIATELY OR AT ANY
17 FUTURE TIME, TO REVEST TITLE IN THE PERSON WHOSE PROPERTY CONSTITUTES
18 SUCH TRUST OR PORTION OF A TRUST, AND A TRUST OR PORTION OF A TRUST
19 BECOMES IRREVOCABLE WHEN THE POSSIBILITY THAT SUCH POWER MAY BE EXER-
20 CISED HAS BEEN TERMINATED.
21 (J) NONRESIDENT ESTATE OR TRUST. A NONRESIDENT ESTATE OR TRUST MEANS
22 AN ESTATE OR TRUST WHICH IS NOT A RESIDENT.
23 (K) UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED, ANY TERM USED IN
24 THIS LOCAL LAW SHALL HAVE THE SAME MEANING AS WHEN USED IN A COMPARABLE
25 CONTEXT IN THE LAWS OF THE UNITED STATES RELATING TO FEDERAL TAXES BUT
26 SUCH MEANING SHALL BE SUBJECT TO THE EXEMPTIONS OR MODIFICATIONS
27 PRESCRIBED IN OR PURSUANT TO ARTICLE TWO-E OF THE GENERAL CITY LAW OR BY
28 THE LAWS OF THIS STATE. ANY REFERENCE IN THIS LOCAL LAW TO THE INTERNAL
29 REVENUE CODE, THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX
30 OR TO THE LAWS OF THE UNITED STATES SHALL MEAN THE PROVISIONS OF THE
31 INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX (UNLESS A REFERENCE
32 TO THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED FIFTY-FOUR IS CLEARLY
33 INTENDED), AND AMENDMENTS THERETO, AND OTHER PROVISIONS OF THE LAWS OF
34 THE UNITED STATES RELATING TO FEDERAL TAXES, AS THE SAME ARE INCLUDED IN
35 THIS LOCAL LAW AS AN APPENDIX AND SUPPLEMENT TO THE APPENDIX OR AS
36 INCLUDED BY REFERENCE TO AN APPENDIX AND SUPPLEMENT TO THE APPENDIX OF A
37 TITLE ENACTED BY THE SAME LOCAL LAW AS ENACTS THIS LOCAL LAW. (THE
38 QUOTATION OF THE AFORESAID LAWS OF THE UNITED STATES IS INTENDED TO MAKE
39 THEM A PART OF THIS LOCAL LAW AND TO AVOID CONSTITUTIONAL UNCERTAINTIES
40 WHICH MIGHT RESULT IF SUCH LAWS WERE MERELY INCORPORATED BY REFERENCE.
41 THE QUOTATION OF A PROVISION OF THE FEDERAL INTERNAL REVENUE CODE OR OF
42 ANY OTHER LAW OF THE UNITED STATES SHALL NOT NECESSARILY MEAN THAT IT IS
43 APPLICABLE TO OR HAS RELEVANCE TO THIS LOCAL LAW.)
44 S 2. PERSONS SUBJECT TO TAX. (A) IMPOSITION OF TAX. A TAX IS HEREBY
45 IMPOSED FOR EACH TAXABLE YEAR ENDING ON OR AFTER JULY FIRST, NINETEEN
46 HUNDRED SIXTY-SIX ON THE WAGES EARNED, AND NET EARNINGS FROM SELF-EM-
47 PLOYMENT, WITHIN THE CITY, OF EVERY NONRESIDENT INDIVIDUAL, ESTATE AND
48 TRUST WHICH SHALL COMPRISE:
49 (1) A TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT ON ALL WAGES.
50 (2) A TAX AT THE RATE OF THREE-EIGHTHS OF ONE PERCENT ON ALL NET EARN-
51 INGS FROM SELF-EMPLOYMENT.
52 (B) EXCLUSION. (1) IN COMPUTING THE AMOUNT OF WAGES AND NET EARNINGS
53 FROM SELF-EMPLOYMENT TAXABLE UNDER SUBDIVISION (A) OF THIS SECTION,
54 THERE SHALL BE ALLOWED AN EXCLUSION AGAINST THE TOTAL OF WAGES AND NET
55 EARNINGS FROM SELF-EMPLOYMENT IN ACCORDANCE WITH THE FOLLOWING TABLE:
56 TOTAL OF WAGES AND NET EARNINGS
A. 5462 5
1 FROM SELF-EMPLOYMENT EXCLUSION ALLOWABLE
2 NOT OVER $10,000 $3,000
3 OVER $10,000 BUT NOT OVER $20,000 $2,000
4 OVER $20,000 BUT NOT OVER $30,000 $1,000
5 OVER $30,000 NONE
6 (2) THE EXCLUSION ALLOWABLE SHALL BE APPLIED PRO RATA AGAINST WAGES
7 AND NET EARNINGS FROM SELF-EMPLOYMENT.
8 (3) FOR TAXABLE PERIODS OF LESS THAN ONE YEAR, THE EXCLUSION ALLOWABLE
9 SHALL BE PRORATED PURSUANT TO REGULATIONS OF THE ADMINISTRATOR.
10 (C) LIMITATION. IN NO EVENT SHALL A TAXPAYER BE SUBJECT TO THE TAX
11 UNDER THIS LOCAL LAW IN AN AMOUNT GREATER THAN HE OR SHE WOULD BE
12 REQUIRED TO PAY IF HE OR SHE WERE A RESIDENT OF THE CITY AND SUBJECT TO
13 A TAX ON PERSONAL INCOME OF RESIDENTS OF THE CITY ADOPTED BY THE CITY
14 PURSUANT TO AUTHORITY GRANTED BY THE GENERAL CITY LAW.
15 S 3. PERSONS SUBJECT TO TAX. (A) IMPOSITION OF TAX. (1) A TAX IS HERE-
16 BY IMPOSED FOR EACH TAXABLE YEAR ENDING ON OR AFTER JULY FIRST, NINETEEN
17 HUNDRED SIXTY-SIX AND ON OR BEFORE DECEMBER THIRTY-FIRST, NINETEEN
18 HUNDRED SEVENTY AND FOR EACH TAXABLE YEAR BEGINNING AFTER DECEMBER THIR-
19 TY-FIRST, NINETEEN HUNDRED EIGHTY-NINE, ON THE WAGES EARNED, AND NET
20 EARNINGS FROM SELF-EMPLOYMENT, WITHIN THE CITY, OF EVERY NONRESIDENT
21 INDIVIDUAL, ESTATE AND TRUST WHICH SHALL COMPRISE:
22 (I) A TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT ON ALL WAGES.
23 (II) A TAX AT THE RATE OF THREE-EIGHTHS OF ONE PERCENT ON ALL NET
24 EARNINGS FROM SELF-EMPLOYMENT.
25 (2) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, NINE-
26 TEEN HUNDRED SEVENTY-ONE AND ENDING ON OR BEFORE DECEMBER THIRTY-FIRST,
27 NINETEEN HUNDRED EIGHTY-NINE, A TAX IS HEREBY IMPOSED ON THE WAGES
28 EARNED, AND NET EARNINGS FROM SELF-EMPLOYMENT, WITHIN THE CITY, OF EVERY
29 NONRESIDENT INDIVIDUAL, ESTATE AND TRUST WHICH SHALL COMPRISE:
30 (I) A TAX AT THE RATE OF FORTY-FIVE HUNDREDTHS OF ONE PERCENT ON ALL
31 WAGES.
32 (II) A TAX AT THE RATE OF SIXTY-FIVE HUNDREDTHS OF ONE PERCENT ON ALL
33 NET EARNINGS FROM SELF-EMPLOYMENT.
34 (3) FOR EACH TAXABLE YEAR BEGINNING IN NINETEEN HUNDRED SEVENTY AND
35 ENDING IN NINETEEN HUNDRED SEVENTY-ONE, TWO TENTATIVE TAXES SHALL BE
36 COMPUTED, THE FIRST AS PROVIDED IN PARAGRAPH (1) AND THE SECOND AS
37 PROVIDED IN PARAGRAPH (2) OF THIS SUBDIVISION AND THE TAX FOR EACH SUCH
38 YEAR SHALL BE THE SUM OF THAT PROPORTION OF EACH TENTATIVE TAX WHICH THE
39 NUMBER OF DAYS IN NINETEEN HUNDRED SEVENTY AND THE NUMBER OF DAYS IN
40 NINETEEN HUNDRED SEVENTY-ONE, RESPECTIVELY, BEARS TO THE NUMBER OF DAYS
41 IN THE ENTIRE TAXABLE YEAR.
42 (4) FOR EACH TAXABLE YEAR BEGINNING IN NINETEEN HUNDRED EIGHTY-NINE
43 AND ENDING IN NINETEEN HUNDRED NINETY, TWO TENTATIVE TAXES SHALL BE
44 COMPUTED, THE FIRST AS PROVIDED IN PARAGRAPH (2) AND THE SECOND AS
45 PROVIDED IN PARAGRAPH (1) OF THIS SUBDIVISION, AND THE TAX FOR EACH SUCH
46 YEAR SHALL BE THE SUM OF THAT PROPORTION OF EACH TENTATIVE TAX WHICH THE
47 NUMBER OF DAYS IN NINETEEN HUNDRED EIGHTY-NINE AND THE NUMBER OF DAYS IN
48 NINETEEN HUNDRED NINETY, RESPECTIVELY, BEARS TO THE NUMBER OF DAYS IN
49 THE ENTIRE TAXABLE YEAR.
50 (B) EXCLUSION. (1) IN COMPUTING THE AMOUNT OF WAGES AND NET EARNINGS
51 FROM SELF-EMPLOYMENT TAXABLE UNDER SUBDIVISION (A) OF THIS SECTION,
52 THERE SHALL BE ALLOWED AN EXCLUSION AGAINST THE TOTAL OF WAGES AND NET
53 EARNINGS FROM SELF-EMPLOYMENT IN ACCORDANCE WITH THE FOLLOWING TABLE:
54 TOTAL OF WAGES AND NET EARNINGS
55 FROM SELF-EMPLOYMENT EXCLUSION ALLOWABLE
56 NOT OVER $10,000 $3,000
A. 5462 6
1 OVER $10,000 BUT NOT OVER $20,000 $2,000
2 OVER $20,000 BUT NOT OVER $30,000 $1,000
3 OVER $30,000 NONE
4 (2) THE EXCLUSION ALLOWABLE SHALL BE APPLIED PRO RATA AGAINST WAGES
5 AND NET EARNINGS FROM SELF-EMPLOYMENT.
6 (3) FOR TAXABLE PERIODS OF LESS THAN ONE YEAR, THE EXCLUSION ALLOWABLE
7 SHALL BE PRORATED PURSUANT TO REGULATIONS OF THE ADMINISTRATOR.
8 (C) LIMITATION. IN NO EVENT SHALL A TAXPAYER BE SUBJECT TO THE TAX
9 UNDER THIS LOCAL LAW IN AN AMOUNT GREATER THAN HE OR SHE WOULD BE
10 REQUIRED TO PAY IF HE OR SHE WERE A RESIDENT OF THE CITY AND SUBJECT TO
11 A TAX ON PERSONAL INCOME OF RESIDENTS OF THE CITY ADOPTED BY THE CITY
12 PURSUANT TO AUTHORITY GRANTED BY THE GENERAL CITY LAW OR THE TAX LAW.
13 S 4. TAXABLE YEARS TO WHICH TAX IMPOSED BY THIS LOCAL LAW APPLIES; TAX
14 FOR TAXABLE YEARS BEGINNING PRIOR TO AND ENDING AFTER JULY FIRST, NINE-
15 TEEN HUNDRED SIXTY-SIX. (A) GENERAL. THE TAX IMPOSED BY THIS LOCAL LAW
16 IS IMPOSED FOR EACH TAXABLE YEAR BEGINNING WITH TAXABLE YEARS ENDING ON
17 OR AFTER JULY FIRST, NINETEEN HUNDRED SIXTY-SIX.
18 (B) ALTERNATE METHODS FOR DETERMINING TAX FOR TAXABLE YEARS ENDING ON
19 OR AFTER JULY FIRST, NINETEEN HUNDRED SIXTY-SIX. (1) THE TAX FOR ANY
20 TAXABLE YEAR ENDING ON OR AFTER JULY FIRST, NINETEEN HUNDRED SIXTY-SIX
21 AND ON OR BEFORE JUNE THIRTIETH, NINETEEN HUNDRED SIXTY-SEVEN, SHALL BE
22 THE SAME PART OF THE TAX WHICH WOULD HAVE BEEN IMPOSED HAD THIS LOCAL
23 LAW BEEN IN EFFECT FOR THE ENTIRE TAXABLE YEAR AS THE NUMBER OF MONTHS
24 (OR MAJOR PORTIONS THEREOF) OF THE TAXABLE YEAR OCCURRING AFTER JULY
25 FIRST, NINETEEN HUNDRED SIXTY-SIX IS OF THE NUMBER OF MONTHS (OR MAJOR
26 PORTIONS THEREOF) IN THE TAXABLE YEAR.
27 (2) (I) IN LIEU OF THE METHOD OF COMPUTATION OF TAX PRESCRIBED IN
28 PARAGRAPH (1) OF THIS SUBDIVISION, IF THE TAXPAYER MAINTAINS ADEQUATE
29 RECORDS FOR ANY TAXABLE YEAR ENDING ON OR AFTER JULY FIRST, NINETEEN
30 HUNDRED SIXTY-SIX AND ON OR BEFORE JUNE THIRTIETH, NINETEEN HUNDRED
31 SIXTY-SEVEN, THE TAX FOR SUCH TAXABLE YEAR, AT THE ELECTION OF THE
32 TAXPAYER, MAY BE COMPUTED ON THE BASIS OF THE WAGES WHICH THE TAXPAYER
33 WOULD HAVE REPORTED HAD HE OR SHE FILED A FEDERAL INCOME TAX RETURN FOR
34 A TAXABLE YEAR BEGINNING JULY FIRST, NINETEEN HUNDRED SIXTY-SIX AND
35 ENDING WITH THE CLOSE OF SUCH TAXABLE YEAR ENDING ON OR BEFORE JUNE
36 THIRTIETH, NINETEEN HUNDRED SIXTY-SEVEN, AND THE NET EARNINGS FROM
37 SELF-EMPLOYMENT WHICH THE TAXPAYER WOULD HAVE REPORTED FOR FEDERAL
38 INCOME TAX PURPOSES HAD HE OR SHE FILED A SELF-EMPLOYMENT TAX RETURN FOR
39 A TAXABLE YEAR BEGINNING JULY FIRST, NINETEEN HUNDRED SIXTY-SIX AND
40 ENDING WITH THE CLOSE OF SUCH TAXABLE YEAR ENDING ON OR BEFORE JUNE
41 THIRTIETH, NINETEEN HUNDRED SIXTY-SEVEN.
42 (II) FOR PURPOSES OF THIS PARAGRAPH, THE EXCLUSIONS ALLOWABLE UNDER
43 SECTION TWO SHALL BE REDUCED BY A FRACTION THE NUMERATOR OF WHICH IS THE
44 NUMBER OF MONTHS (OR MAJOR PORTIONS THEREOF) OF THE TAXABLE YEAR OCCUR-
45 RING BEFORE JULY FIRST, NINETEEN HUNDRED SIXTY-SIX AND THE DENOMINATOR
46 OF WHICH IS THE NUMBER OF MONTHS (OR MAJOR PORTIONS THEREOF) IN THE
47 TAXABLE YEAR. EXCEPT AS PROVIDED IN THIS PARAGRAPH, THE TAX FOR SUCH
48 PERIOD ENDING ON OR BEFORE JUNE THIRTIETH, NINETEEN HUNDRED SIXTY-SEVEN,
49 SHALL BE COMPUTED IN ACCORDANCE WITH THE OTHER PROVISIONS OF THIS LOCAL
50 LAW.
51 S 5. ALLOCATION TO THE CITY. (A) GENERAL. IF NET EARNINGS FROM
52 SELF-EMPLOYMENT ARE DERIVED FROM SERVICES PERFORMED, OR FROM SOURCES,
53 WITHIN AND WITHOUT THE CITY, THERE SHALL BE ALLOCATED TO THE CITY A FAIR
54 AND EQUITABLE PORTION OF SUCH EARNINGS.
55 (B) ALLOCATION OF NET EARNINGS FROM SELF-EMPLOYMENT.
A. 5462 7
1 (1) PLACE OF BUSINESS. IF A TAXPAYER HAS NO REGULAR PLACE OF BUSINESS
2 OUTSIDE THE CITY ALL OF HIS OR HER NET EARNINGS FROM SELF-EMPLOYMENT
3 SHALL BE ALLOCATED TO THE CITY.
4 (2) ALLOCATION BY TAXPAYER'S BOOKS. THE PORTION OF NET EARNINGS FROM
5 SELF-EMPLOYMENT ALLOCABLE TO THE CITY MAY BE DETERMINED FROM THE BOOKS
6 AND RECORDS OF A TAXPAYER'S TRADE OR BUSINESS, IF THE METHODS USED IN
7 KEEPING SUCH BOOKS AND THE ACCURACY THEREOF ARE APPROVED BY THE ADMINIS-
8 TRATOR AS FAIRLY AND EQUITABLY REFLECTING NET EARNINGS FROM SELF-EMPLOY-
9 MENT WITHIN THE CITY.
10 (3) ALLOCATION BY FORMULA. IF PARAGRAPH (2) DOES NOT APPLY TO THE
11 TAXPAYER, THE PORTION OF NET EARNINGS FROM SELF-EMPLOYMENT ALLOCABLE TO
12 THE CITY SHALL BE DETERMINED BY MULTIPLYING (A) NET EARNINGS FROM SELF-
13 EMPLOYMENT WITHIN AND WITHOUT THE CITY, BY (B) THE AVERAGE OF THE
14 FOLLOWING THREE PERCENTAGES:
15 (I) PROPERTY PERCENTAGE. THE PERCENTAGE COMPUTED BY DIVIDING (A) THE
16 AVERAGE OF THE VALUE, AT THE BEGINNING AND END OF THE TAXABLE YEAR, OF
17 REAL AND TANGIBLE PERSONAL PROPERTY CONNECTED WITH THE NET EARNINGS FROM
18 SELF-EMPLOYMENT AND LOCATED WITHIN THE CITY, BY (B) THE AVERAGE OF THE
19 VALUE, AT THE BEGINNING AND END OF THE TAXABLE YEAR, OF ALL REAL AND
20 TANGIBLE PERSONAL PROPERTY CONNECTED WITH THE NET EARNINGS FROM SELF-EM-
21 PLOYMENT AND LOCATED BOTH WITHIN AND WITHOUT THE CITY. FOR THIS PURPOSE,
22 REAL PROPERTY SHALL INCLUDE REAL PROPERTY, WHETHER OWNED OR RENTED.
23 (II) PAYROLL PERCENTAGE. THE PERCENTAGE COMPUTED BY DIVIDING (A) THE
24 TOTAL WAGES, SALARIES AND OTHER PERSONAL SERVICE COMPENSATION PAID OR
25 INCURRED DURING THE TAXABLE YEAR TO EMPLOYEES IN CONNECTION WITH THE NET
26 EARNINGS FROM SELF-EMPLOYMENT DERIVED FROM A TRADE OR BUSINESS CARRIED
27 ON WITHIN THE CITY, BY (B) THE TOTAL OF ALL WAGES, SALARIES AND OTHER
28 PERSONAL SERVICE COMPENSATION PAID OR INCURRED DURING THE TAXABLE YEAR
29 TO EMPLOYEES IN CONNECTION WITH THE NET EARNINGS FROM SELF-EMPLOYMENT
30 DERIVED FROM A TRADE OR BUSINESS CARRIED ON BOTH WITHIN AND WITHOUT THE
31 CITY.
32 (III) GROSS INCOME PERCENTAGE. THE PERCENTAGE COMPUTED BY DIVIDING (A)
33 THE GROSS SALES OR CHARGES FOR SERVICES PERFORMED BY OR THROUGH AN AGEN-
34 CY LOCATED WITHIN THE CITY, BY (B) THE TOTAL OF ALL GROSS SALES OR
35 CHARGES FOR SERVICES PERFORMED WITHIN AND WITHOUT THE CITY. THE SALES OR
36 CHARGES TO BE ALLOCATED TO THE CITY SHALL INCLUDE ALL SALES NEGOTIATED
37 OR CONSUMMATED, AND CHARGES FOR SERVICES PERFORMED, BY AN EMPLOYEE,
38 AGENT, AGENCY OR INDEPENDENT CONTRACTOR CHIEFLY SITUATED AT, CONNECTED
39 BY CONTRACT OR OTHERWISE WITH, OR SENT OUT FROM, OFFICES OR OTHER AGEN-
40 CIES OF THE TRADE OR BUSINESS FROM WHICH A TAXPAYER IS DERIVING NET
41 EARNINGS FROM SELF-EMPLOYMENT, SITUATED WITHIN THE CITY.
42 (C) OTHER ALLOCATION METHODS. THE PORTION OF NET EARNINGS FROM
43 SELF-EMPLOYMENT ALLOCABLE TO THE CITY SHALL BE DETERMINED IN ACCORDANCE
44 WITH RULES AND REGULATIONS OF THE ADMINISTRATOR IF IT SHALL APPEAR TO
45 THE ADMINISTRATOR THAT THE NET EARNINGS FROM SELF-EMPLOYMENT ARE NOT
46 FAIRLY AND EQUITABLY REFLECTED UNDER THE PROVISIONS OF SUBDIVISION (B)
47 OF THIS SECTION.
48 (D) SPECIAL RULES FOR REAL ESTATE. INCOME AND DEDUCTIONS FROM THE
49 RENTAL OF REAL PROPERTY AND GAIN AND LOSS FROM THE SALE, EXCHANGE OR
50 OTHER DISPOSITION OF REAL PROPERTY, SHALL NOT BE SUBJECT TO ALLOCATION
51 UNDER SUBDIVISION (B) OR (C) OF THIS SECTION, BUT SHALL BE CONSIDERED AS
52 ENTIRELY DERIVED FROM OR CONNECTED WITH THE PLACE IN WHICH SUCH PROPERTY
53 IS LOCATED.
54 S 6. ACCOUNTING PERIODS AND METHODS. (A) ACCOUNTING PERIODS. A TAXPAY-
55 ER'S TAXABLE YEAR UNDER THIS LOCAL LAW SHALL BE THE SAME AS HIS OR HER
56 TAXABLE YEAR FOR FEDERAL INCOME TAX PURPOSES.
A. 5462 8
1 (B) CHANGE OF ACCOUNTING PERIODS. IF A TAXPAYER'S TAXABLE YEAR IS
2 CHANGED FOR FEDERAL INCOME TAX PURPOSES, HIS OR HER TAXABLE YEAR FOR
3 PURPOSES OF THIS LOCAL LAW SHALL BE SIMILARLY CHANGED. IF A TAXABLE
4 PERIOD OF LESS THAN TWELVE MONTHS RESULTS FROM A CHANGE OF TAXABLE YEAR,
5 THE EXCLUSION ALLOWABLE UNDER SECTION TWO OR THREE OF THIS LOCAL LAW
6 SHALL BE PRORATED UNDER REGULATIONS OF THE ADMINISTRATOR.
7 (C) ACCOUNTING METHODS. A TAXPAYER'S METHOD OF ACCOUNTING UNDER THIS
8 PART SHALL BE THE SAME AS HIS OR HER METHOD OF ACCOUNTING FOR FEDERAL
9 INCOME TAX PURPOSES. IN THE ABSENCE OF ANY METHOD OF ACCOUNTING FOR
10 FEDERAL INCOME TAX PURPOSES, NET EARNINGS FROM SELF-EMPLOYMENT WITHIN
11 THE CITY SHALL BE COMPUTED UNDER SUCH METHOD AS IN THE OPINION OF THE
12 ADMINISTRATOR CLEARLY REFLECTS NET EARNINGS FROM SELF-EMPLOYMENT WITHIN
13 THE CITY.
14 (D) CHANGE OF ACCOUNTING METHODS.
15 (1) IF A TAXPAYER'S METHOD OF ACCOUNTING IS CHANGED FOR FEDERAL INCOME
16 TAX PURPOSES, HIS OR HER METHOD OF ACCOUNTING FOR PURPOSES OF THIS LOCAL
17 LAW SHALL BE SIMILARLY CHANGED.
18 (2) IF A TAXPAYER'S METHOD OF ACCOUNTING IS CHANGED, OTHER THAN FROM
19 AN ACCRUAL TO AN INSTALLMENT METHOD, ANY ADDITIONAL TAX WHICH RESULTS
20 FROM ADJUSTMENTS DETERMINED TO BE NECESSARY SOLELY BY REASON OF THE
21 CHANGE SHALL NOT BE GREATER THAN IF SUCH ADJUSTMENTS WERE RATABLY ALLO-
22 CATED AND INCLUDED FOR THE TAXABLE YEAR OF THE CHANGE AND THE PRECEDING
23 TAXABLE YEARS, BEGINNING AFTER JULY FIRST, NINETEEN HUNDRED SIXTY-SIX,
24 NOT IN EXCESS OF TWO, DURING WHICH THE TAXPAYER USED THE METHOD OF
25 ACCOUNTING FROM WHICH THE CHANGE IS MADE.
26 (3) IF A TAXPAYER'S METHOD OF ACCOUNTING IS CHANGED FROM AN ACCRUAL TO
27 AN INSTALLMENT METHOD, ANY ADDITIONAL TAX FOR THE YEAR OF SUCH CHANGE OF
28 METHOD AND FOR ANY SUBSEQUENT YEAR WHICH IS ATTRIBUTABLE TO THE RECEIPT
29 OF INSTALLMENT PAYMENTS PROPERLY ACCRUED IN A PRIOR YEAR, SHALL BE
30 REDUCED BY THE PORTION OF TAX FOR ANY PRIOR TAXABLE YEAR ATTRIBUTABLE TO
31 THE ACCRUAL OF SUCH INSTALLMENT PAYMENTS, IN ACCORDANCE WITH REGULATIONS
32 OF THE ADMINISTRATOR.
33 S 7. WITHHOLDING OF TAX ON WAGES. ON OR AFTER THE FIRST PAYROLL PERIOD
34 BEGINNING FORTY-FIVE DAYS AFTER THE DATE THIS LOCAL LAW BECOMES EFFEC-
35 TIVE EVERY EMPLOYER MAINTAINING AN OFFICE OR TRANSACTING BUSINESS WITHIN
36 THIS STATE AND MAKING PAYMENT OF ANY WAGES TAXABLE UNDER THIS LOCAL LAW
37 SHALL DEDUCT AND WITHHOLD FROM SUCH WAGES FOR EACH PAYROLL PERIOD A TAX
38 COMPUTED IN SUCH MANNER AS TO RESULT, SO FAR AS PRACTICABLE, IN WITH-
39 HOLDING FROM THE EMPLOYEE'S WAGES DURING EACH CALENDAR YEAR AN AMOUNT
40 SUBSTANTIALLY EQUIVALENT TO THE TAX REASONABLY ESTIMATED TO BE DUE FROM
41 THE EMPLOYEE UNDER THIS LOCAL LAW. THE METHOD OF DETERMINING THE AMOUNT
42 TO BE WITHHELD SHALL BE PRESCRIBED BY REGULATIONS OF THE ADMINISTRATOR.
43 S 8. WITHHOLDING OF TAX ON WAGES FOR TAXABLE PERIODS COMMENCING ON OR
44 AFTER JANUARY FIRST, NINETEEN HUNDRED SEVENTY-SIX. THE PROVISIONS
45 CONTAINED IN THIS SECTION AND SECTIONS SEVEN, NINE, TEN, ELEVEN, TWELVE
46 AND THIRTEEN OF THIS LOCAL LAW SHALL NOT BE APPLICABLE TO TAXES IMPOSED
47 FOR TAXABLE PERIODS COMMENCING ON OR AFTER JANUARY FIRST, NINETEEN
48 HUNDRED SEVENTY-SIX PROVIDED HOWEVER, WITH RESPECT TO SUCH PERIODS, THE
49 PROVISIONS CONTAINED IN PART V OF ARTICLE TWENTY-TWO OF THE TAX LAW
50 SHALL BE APPLICABLE WITH THE SAME FORCE AND EFFECT AS IF THOSE
51 PROVISIONS HAD BEEN INCORPORATED IN FULL IN THIS SUBSECTION EXCEPT WHERE
52 INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, EXCEPT THAT THE TERM
53 "AGGREGATE AMOUNT" CONTAINED IN PARAGRAPHS ONE, TWO, THREE, FOUR AND
54 FIVE OF SUBSECTION (A) OF SECTION SIX HUNDRED SEVENTY-FOUR OF THE TAX
55 LAW SHALL MEAN THE AGGREGATE OF THE AGGREGATE AMOUNTS OF NEW YORK STATE
56 PERSONAL INCOME TAX, CITY EARNINGS TAX ON NONRESIDENTS AND CITY PERSONAL
A. 5462 9
1 INCOME TAX ON RESIDENTS AUTHORIZED PURSUANT TO ARTICLE THIRTY OF THE TAX
2 LAW REQUIRED TO BE DEDUCTED AND WITHHELD AND PROVIDED, HOWEVER, THAT THE
3 PROVISIONS OF SUCH PARAGRAPHS SHALL NOT BE APPLICABLE TO EMPLOYER'S
4 RETURNS REQUIRED TO BE FILED WITH RESPECT TO TAXES REQUIRED TO BE
5 DEDUCTED AND WITHHELD DURING THE CALENDAR YEAR NINETEEN HUNDRED SEVEN-
6 TY-SIX, BUT SUCH RETURNS SHALL BE REQUIRED TO BE FILED WITH THE STATE
7 TAX COMMISSION AT THE TIMES AND IN THE MANNER PROVIDED FOR IN SUBDIVI-
8 SION (A) OF SECTION ELEVEN OF THIS LOCAL LAW, EXCEPT THE TERM "ADMINIS-
9 TRATOR" IN SUCH SUBDIVISION SHALL BE READ AS "STATE TAX COMMISSION."
10 S 9. INFORMATION STATEMENT FOR EMPLOYEE. EVERY EMPLOYER REQUIRED TO
11 DEDUCT AND WITHHOLD TAX UNDER THIS LOCAL LAW FROM THE WAGES OF AN
12 EMPLOYEE, SHALL FURNISH TO EACH SUCH EMPLOYEE IN RESPECT OF THE WAGES
13 PAID BY SUCH EMPLOYER TO SUCH EMPLOYEE DURING THE CALENDAR YEAR ON OR
14 BEFORE FEBRUARY FIFTEENTH OF THE SUCCEEDING YEAR, OR, IF HIS OR HER
15 EMPLOYMENT IS TERMINATED BEFORE THE CLOSE OF SUCH CALENDAR YEAR, WITHIN
16 THIRTY DAYS FROM THE DATE ON WHICH THE LAST PAYMENT OF THE WAGES IS
17 MADE, A WRITTEN STATEMENT AS PRESCRIBED BY THE ADMINISTRATOR SHOWING THE
18 TOTAL AMOUNT OF WAGES PAID BY THE EMPLOYER TO THE EMPLOYEE, THE AMOUNT
19 OF WAGES PAID FOR SERVICES PERFORMED WITHIN THE CITY, THE AMOUNT
20 DEDUCTED AND WITHHELD AS TAX, AND SUCH OTHER INFORMATION AS THE ADMINIS-
21 TRATOR MAY PRESCRIBE.
22 S 10. CREDIT FOR TAX WITHHELD. WAGES UPON WHICH TAX IS REQUIRED TO BE
23 WITHHELD SHALL BE TAXABLE UNDER THIS LOCAL LAW AS IF NO WITHHOLDING WERE
24 REQUIRED, BUT ANY AMOUNT OF TAX ACTUALLY DEDUCTED AND WITHHELD UNDER
25 THIS LOCAL LAW IN ANY CALENDAR YEAR SHALL BE DEEMED TO HAVE BEEN PAID ON
26 BEHALF OF THE EMPLOYEE FROM WHOM WITHHELD, AND SUCH EMPLOYEE SHALL BE
27 CREDITED WITH HAVING PAID THAT AMOUNT OF TAX IN SUCH CALENDAR YEAR. FOR
28 A TAXABLE YEAR OF LESS THAN TWELVE MONTHS, THE CREDIT SHALL BE MADE
29 UNDER REGULATIONS OF THE ADMINISTRATOR.
30 S 11. EMPLOYER'S RETURN AND PAYMENT OF WITHHELD TAXES. (A) GENERAL. ON
31 OR AFTER THE FIRST PAYROLL PERIOD BEGINNING FORTY-FIVE DAYS AFTER THE
32 EFFECTIVE DATE OF THIS LOCAL LAW, EVERY EMPLOYER REQUIRED TO DEDUCT AND
33 WITHHOLD TAX UNDER THIS LOCAL LAW SHALL, FOR EACH CALENDAR MONTH, ON OR
34 BEFORE THE FIFTEENTH DAY OF THE MONTH FOLLOWING THE CLOSE OF SUCH CALEN-
35 DAR MONTH FILE A WITHHOLDING RETURN AS PRESCRIBED BY THE ADMINISTRATOR
36 AND PAY OVER TO THE ADMINISTRATOR OR TO THE DEPOSITORY DESIGNATED BY THE
37 ADMINISTRATOR, THE TAXES SO REQUIRED TO BE DEDUCTED AND WITHHELD, EXCEPT
38 THAT FOR THE MONTH OF DECEMBER IN ANY YEAR THE RETURNS SHALL BE FILED
39 AND THE TAXES PAID ON OR BEFORE JANUARY THIRTY-FIRST OF THE SUCCEEDING
40 YEAR. WHERE THE AGGREGATE AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD BY
41 ANY EMPLOYER UNDER THIS LOCAL LAW AND UNDER ANY LOCAL LAW IMPOSING A TAX
42 ON PERSONAL INCOME OF RESIDENTS OF THE CITY ADOPTED BY THE CITY PURSUANT
43 TO AUTHORITY GRANTED BY THE GENERAL CITY LAW IS LESS THAN TWENTY-FIVE
44 DOLLARS IN A CALENDAR MONTH AND THE AGGREGATE OF SUCH TAXES FOR THE
45 SEMI-ANNUAL PERIOD ENDING ON JUNE THIRTIETH AND DECEMBER THIRTY-FIRST
46 CAN REASONABLY BE EXPECTED TO BE LESS THAN ONE HUNDRED FIFTY DOLLARS,
47 THE ADMINISTRATOR MAY, BY REGULATION, PERMIT AN EMPLOYER TO FILE A
48 RETURN ON OR BEFORE JULY THIRTY-FIRST FOR THE SEMI-ANNUAL PERIOD ENDING
49 ON JUNE THIRTIETH AND ON OR BEFORE JANUARY THIRTY-FIRST FOR THE SEMI-AN-
50 NUAL PERIOD ENDING ON DECEMBER THIRTY-FIRST. THE ADMINISTRATOR MAY, IF
51 HE OR SHE BELIEVES SUCH ACTION NECESSARY FOR THE PROTECTION OF THE
52 REVENUES, REQUIRE ANY EMPLOYER TO MAKE A RETURN AND PAY TO HIM OR HER
53 THE TAX DEDUCTED AND WITHHELD AT ANY TIME, OR FROM TIME TO TIME. WHERE
54 THE AMOUNT OF WAGES PAID BY AN EMPLOYER IS NOT SUFFICIENT UNDER THIS
55 LOCAL LAW AND UNDER ANY LOCAL LAW IMPOSING A TAX ON PERSONAL INCOME OF
56 RESIDENTS OF THE CITY ADOPTED BY THE CITY PURSUANT TO AUTHORITY GRANTED
A. 5462 10
1 BY THE GENERAL CITY LAW TO REQUIRE THE WITHHOLDING OF TAX FROM THE WAGES
2 OF ANY OF HIS OR HER EMPLOYEES, THE ADMINISTRATOR MAY, BY REGULATION,
3 PERMIT SUCH EMPLOYER TO FILE AN ANNUAL RETURN ON OR BEFORE FEBRUARY
4 TWENTY-EIGHTH OF THE FOLLOWING CALENDAR YEAR.
5 (B) COMBINED RETURNS. THE ADMINISTRATOR MAY BY REGULATION PROVIDE FOR
6 THE FILING OF ONE RETURN WHICH SHALL INCLUDE THE RETURN REQUIRED TO BE
7 FILED UNDER THIS SECTION, TOGETHER WITH THE EMPLOYER'S RETURN REQUIRED
8 TO BE FILED UNDER ANY LOCAL LAW IMPOSING A TAX ON PERSONAL INCOME OF
9 RESIDENTS OF THE CITY ADOPTED BY THE CITY PURSUANT TO AUTHORITY GRANTED
10 BY THE GENERAL CITY LAW.
11 (C) DEPOSIT IN TRUST FOR CITY. WHENEVER ANY EMPLOYER FAILS TO COLLECT,
12 TRUTHFULLY ACCOUNT FOR, PAY OVER THE TAX, OR MAKE RETURNS OF THE TAX AS
13 REQUIRED IN THIS SECTION, THE ADMINISTRATOR MAY SERVE A NOTICE REQUIRING
14 SUCH EMPLOYER TO COLLECT THE TAXES WHICH BECOME COLLECTIBLE AFTER
15 SERVICE OF SUCH NOTICE, TO DEPOSIT SUCH TAXES IN A BANK APPROVED BY THE
16 ADMINISTRATOR, IN A SEPARATE ACCOUNT, IN TRUST FOR THE CITY AND PAYABLE
17 TO THE ADMINISTRATOR, AND TO KEEP THE AMOUNT OF SUCH TAX IN SUCH ACCOUNT
18 UNTIL PAYMENT OVER TO THE ADMINISTRATOR. SUCH NOTICE SHALL REMAIN IN
19 EFFECT UNTIL A NOTICE OF CANCELLATION IS SERVED BY THE ADMINISTRATOR.
20 S 12. EMPLOYER'S LIABILITY FOR WITHHELD TAXES. EVERY EMPLOYER REQUIRED
21 TO DEDUCT AND WITHHOLD THE TAX UNDER THIS LOCAL LAW IS HEREBY MADE
22 LIABLE FOR SUCH TAX. FOR PURPOSES OF ASSESSMENT AND COLLECTION, ANY
23 AMOUNT REQUIRED TO BE WITHHELD AND PAID OVER TO THE ADMINISTRATOR, AND
24 ANY ADDITIONS TO TAX, PENALTIES AND INTEREST WITH RESPECT THERETO SHALL
25 BE CONSIDERED THE TAX OF THE EMPLOYER. ANY AMOUNT OF TAX ACTUALLY
26 DEDUCTED AND WITHHELD UNDER THIS LOCAL LAW SHALL BE HELD TO BE A SPECIAL
27 FUND IN TRUST FOR THE CITY.
28 NO EMPLOYEE SHALL HAVE ANY RIGHT OF ACTION AGAINST HIS OR HER EMPLOYER
29 IN RESPECT TO ANY MONIES DEDUCTED AND WITHHELD FROM HIS OR HER WAGES AND
30 PAID OVER TO THE ADMINISTRATOR IN COMPLIANCE OR IN INTENDED COMPLIANCE
31 WITH THIS LOCAL LAW.
32 S 13. EMPLOYER'S FAILURE TO WITHHOLD. IF AN EMPLOYER FAILS TO DEDUCT
33 AND WITHHOLD THE TAX, AS REQUIRED, AND THEREAFTER THE TAX AGAINST WHICH
34 SUCH TAX MAY BE CREDITED IS PAID, THE TAX SO REQUIRED TO BE DEDUCTED AND
35 WITHHELD SHALL NOT BE COLLECTED FROM THE EMPLOYER, BUT THE EMPLOYER
36 SHALL NOT BE RELIEVED FROM LIABILITY FOR ANY PENALTIES, INTEREST OR
37 ADDITIONS TO THE TAX OTHERWISE APPLICABLE IN RESPECT OF SUCH FAILURE TO
38 DEDUCT AND WITHHOLD.
39 S 14. RETURNS AND PAYMENT OF TAX. ON OR BEFORE THE FIFTEENTH DAY OF
40 THE FOURTH MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR, EVERY PERSON
41 SUBJECT TO THE TAX SHALL MAKE AND FILE A RETURN AND ANY BALANCE OF THE
42 TAX SHOWN DUE ON THE FACE OF SUCH RETURN SHALL BE PAID THEREWITH. THE
43 ADMINISTRATOR MAY, BY REGULATION, PROVIDE FOR THE FILING OF RETURNS AND
44 PAYMENT OF THE TAX AT SUCH OTHER TIMES AS HE OR SHE DEEMS NECESSARY FOR
45 THE PROPER ENFORCEMENT OF THIS LOCAL LAW. THE ADMINISTRATOR MAY ALSO
46 PROVIDE BY REGULATION THAT ANY RETURN OTHERWISE REQUIRED TO BE MADE AND
47 FILED UNDER THIS LOCAL LAW BY ANY NONRESIDENT INDIVIDUAL NEED NOT BE
48 MADE AND FILED IF SUCH NONRESIDENT INDIVIDUAL HAD, DURING THE TAXABLE
49 YEAR TO WHICH THE RETURN WOULD RELATE, NO NET EARNINGS FROM SELF-EMPLOY-
50 MENT WITHIN THE CITY. ANY REGULATION ALLOWING SUCH WAIVER OF RETURN MAY
51 PROVIDE FOR ADDITIONAL LIMITATIONS ON AND CONDITIONS AND PREREQUISITES
52 TO THE PRIVILEGE OF NOT FILING A RETURN.
53 S 15. COMBINED RETURNS, EMPLOYER'S RETURNS AND PAYMENTS. THE STATE TAX
54 COMMISSION MAY REQUIRE:
55 (A) THE FILING OF ANY OR ALL OF THE FOLLOWING:
A. 5462 11
1 (1) A COMBINED RETURN WHICH IN ADDITION TO THE RETURN PROVIDED FOR IN
2 A LOCAL LAW AUTHORIZED BY THIS ARTICLE MAY ALSO INCLUDE RETURNS REQUIRED
3 TO BE FILED UNDER A LOCAL LAW AUTHORIZED BY ARTICLE THIRTY OF THE TAX
4 LAW AND UNDER ARTICLE TWENTY-TWO OF THE TAX LAW.
5 (2) A COMBINED EMPLOYER'S RETURN WHICH IN ADDITION TO THE EMPLOYER'S
6 RETURN PROVIDED FOR IN A LOCAL LAW AUTHORIZED BY THIS ARTICLE MAY ALSO
7 INCLUDE EMPLOYER'S RETURNS REQUIRED TO BE FILED UNDER A LOCAL LAW
8 AUTHORIZED BY ARTICLE THIRTY OF THE TAX LAW AND UNDER ARTICLE TWENTY-TWO
9 OF THE TAX LAW.
10 (B) WHERE A COMBINED RETURN OR EMPLOYER'S RETURN IS REQUIRED, AND WITH
11 RESPECT TO THE PAYMENT OF ESTIMATED TAX, THE STATE TAX COMMISSION MAY
12 ALSO REQUIRE PAYMENT OF A SINGLE AMOUNT WHICH SHALL BE THE TOTAL OF THE
13 AMOUNTS (TOTAL TAXES LESS ANY CREDITS OR REFUNDS) REQUIRED TO BE PAID
14 WITH THE RETURNS OR EMPLOYER'S RETURNS OR IN PAYMENT OF ESTIMATED TAX
15 PURSUANT TO THE PROVISIONS OF LOCAL LAWS IMPOSED UNDER THE AUTHORITY OF
16 ARTICLE TWO-E OF THE GENERAL CITY LAW, ARTICLE THIRTY OF THE TAX LAW AND
17 PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-TWO OF THE TAX LAW.
18 S 16. EFFECT OF INVALIDITY IN PART; INCONSISTENCIES WITH OTHER LAWS.
19 (A) IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION, PROVISION
20 OR OTHER PORTION OF THIS LOCAL LAW OR THE APPLICATION THEREOF TO ANY
21 PERSON OR CIRCUMSTANCES SHALL BE HELD TO BE INVALID, SUCH HOLDING SHALL
22 NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF THIS LOCAL LAW OR THE
23 APPLICATION OF SUCH PORTION HELD INVALID, TO ANY OTHER PERSON OR CIRCUM-
24 STANCES, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
25 PARAGRAPH, SUBDIVISION, SECTION, PROVISION OR OTHER PORTION THEREOF
26 DIRECTLY INVOLVED IN SUCH HOLDING OR TO THE PERSON AND CIRCUMSTANCES
27 THEREIN INVOLVED.
28 (B) IF ANY PROVISION OF THIS LOCAL LAW IS INCONSISTENT WITH, IN
29 CONFLICT WITH, OR CONTRARY TO ANY OTHER PROVISION OF LAW, SUCH PROVISION
30 OF THIS LOCAL LAW SHALL PREVAIL OVER SUCH OTHER PROVISION AND SUCH OTHER
31 PROVISION SHALL BE DEEMED TO HAVE BEEN AMENDED, SUPERSEDED OR REPEALED
32 TO THE EXTENT OF SUCH INCONSISTENCY, CONFLICT OR CONTRARIETY.
33 S 25-N. ADMINISTRATIVE PROVISIONS. (A) GENERAL. ANY LOCAL LAW ADOPTED
34 PURSUANT TO THIS ARTICLE SHALL ALSO CONTAIN PROVISIONS NECESSARY AND
35 APPROPRIATE FOR THE COLLECTION AND THE ADMINISTRATION OF THE TAX HEREIN
36 AUTHORIZED, EXCEPT THAT WITH RESPECT TO ANY TAXABLE YEAR BEGINNING IN
37 NINETEEN HUNDRED SEVENTY, UNTIL AND INCLUDING THE THIRTY-FIRST DAY OF
38 DECEMBER, NINETEEN HUNDRED SEVENTY-ONE, ANY LOCAL LAW ADOPTED PURSUANT
39 TO THIS ARTICLE SHALL CONTAIN THE SAME PROVISIONS AS ARE CONTAINED IN
40 CHAPTER NINETEEN OF TITLE ELEVEN OF THE ADMINISTRATIVE CODE OF THE CITY
41 OF NEW YORK, BUT "ADMINISTRATOR" SHALL BE READ "STATE TAX COMMISSION";
42 "ADMINISTRATIVE AGENCIES OF THE CITY" SHALL BE READ AS "ADMINISTRATIVE
43 AGENCIES OF THE STATE"; "DEPOSITORIES OR FINANCIAL AGENTS OF THE CITY"
44 SHALL BE READ AS "DEPOSITORIES OR FINANCIAL AGENTS OF THE STATE"; "OFFI-
45 CERS OR EMPLOYEES OF THE DEPARTMENT OF FINANCE OF THE CITY" SHALL BE
46 READ "OFFICERS OR EMPLOYEES OF THE STATE DEPARTMENT OF TAXATION AND
47 FINANCE"; IN SECTIONS 11-1934, 11-1936 AND 11-1942 OF SUCH CODE (EXCEPT
48 FOR THE LAST SENTENCE THEREOF) "CITY" SHALL BE READ AS "STATE"; "CORPO-
49 RATION COUNSEL OR OTHER APPROPRIATE OFFICER OF THE CITY" OR "CORPORATION
50 COUNSEL OF THE CITY" SHALL BE READ AS "STATE ATTORNEY GENERAL"; AND THE
51 WORDS "IT" OR "ITS" SHALL APPLY INSTEAD OF THE PRONOUNS USED WHERE THE
52 REFERENCE IS TO STATE TAX COMMISSION. PROVIDED, HOWEVER, WITH RESPECT
53 TO DECLARATIONS OF ESTIMATED TAX AND PAYMENTS OF SUCH TAX AND THE WITH-
54 HOLDING TAX REQUIREMENTS, UNTIL AND INCLUDING THE THIRTY-FIRST DAY OF
55 DECEMBER, NINETEEN HUNDRED SEVENTY-ONE, ANY SUCH TERMS SHALL BE SO READ
A. 5462 12
1 WITH RESPECT TO ANY TAXABLE YEAR OR OTHER PERIOD BEGINNING IN NINETEEN
2 HUNDRED SEVENTY-ONE.
3 (B) METHODS OF REVIEW. SUCH LOCAL LAW SHALL ALSO CONTAIN PROVISIONS
4 SUBSTANTIALLY THE SAME AS THE FOLLOWING:
5 (I) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
6 SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
7 OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
8 THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
9 SUPREME COURT WITHIN FOUR MONTHS AFTER THE GIVING OF THE NOTICE OF SUCH
10 FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
11 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
12 INSTITUTED UNLESS (A) THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH
13 SUCH INTEREST AND PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAW
14 OR REGULATION, SHALL BE FIRST DEPOSITED AND THERE IS FILED AN UNDERTAK-
15 ING, ISSUED BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS
16 STATE AND APPROVED BY THE SUPERINTENDENT OF INSURANCE OF THIS STATE AS
17 TO SOLVENCY AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE
18 SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE
19 DISMISSED OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND
20 CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING OR (B) AT
21 THE OPTION OF THE PETITIONER SUCH UNDERTAKING MAY BE IN A SUM SUFFICIENT
22 TO COVER THE TAXES, INTEREST AND PENALTIES STATED IN SUCH DETERMINATION
23 PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN THE PROSE-
24 CUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL NOT BE
25 REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION PRECE-
26 DENT TO THE APPLICATION.
27 (II) WHERE ANY TAX IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY,
28 ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
29 THEREOF DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
30 OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
31 SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
32 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
33 THAT SUCH PROCEEDING IS INSTITUTED WITHIN FOUR MONTHS AFTER THE GIVING
34 OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
35 NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
36 FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
37 JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
38 PROCEEDING BE DISMISSED OR THE TAX CONFIRMED, THE PETITIONER WILL PAY
39 ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
40 PROCEEDING.
41 (III) NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE AFTER THE EXPIRA-
42 TION OF MORE THAN THREE YEARS FROM THE DATE OF THE FILING OF THE RETURN
43 EXCEPT THAT WHERE NO RETURN HAS BEEN FILED OR, IN THE CASE OF THE FILING
44 OF A WILFULLY FALSE OR FRAUDULENT RETURN WITH INTENT TO EVADE THE TAX,
45 THE TAX MAY BE ASSESSED AT ANY TIME; PROVIDED, HOWEVER, WHERE A TAXPAYER
46 OMITS FROM HIS OR HER RETURN AN AMOUNT WHICH SHOULD BE PROPERLY INCLUDED
47 THEREIN WHICH IS IN EXCESS OF TWENTY-FIVE PERCENT OF THE AMOUNT OF THE
48 GROSS INCOME DERIVED BY HIM OR HER FROM ANY TRADE OR BUSINESS, NO
49 ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE AFTER THE EXPIRATION OF MORE
50 THAN SIX YEARS FROM THE DATE OF THE FILING OF THE RETURN, EXCEPT AS
51 OTHERWISE PROVIDED HEREIN.
52 (C) BULK SALES. SUCH LOCAL LAW MAY CONTAIN A PROVISION SUBSTANTIALLY
53 THE SAME AS THE FOLLOWING:
54 WHENEVER THERE IS MADE A SALE, TRANSFER OR ASSIGNMENT IN BULK OF ANY
55 PART OR THE WHOLE OF A STOCK OF MERCHANDISE OR OF FIXTURES, OR MERCHAN-
56 DISE AND OF FIXTURES PERTAINING TO THE CONDUCTING OF THE BUSINESS OF THE
A. 5462 13
1 SELLER, TRANSFEROR OR ASSIGNOR, OTHERWISE THAN IN THE ORDINARY COURSE OF
2 TRADE AND IN THE REGULAR PROSECUTION OF SAID BUSINESS, THE PURCHASER,
3 TRANSFEREE OR ASSIGNEE SHALL AT LEAST TEN DAYS BEFORE TAKING POSSESSION
4 OF SUCH MERCHANDISE, FIXTURES, OR MERCHANDISE AND FIXTURES, OR PAYING
5 THEREFOR, NOTIFY THE ADMINISTRATOR BY REGISTERED MAIL OF THE PROPOSED
6 SALE AND OF THE PRICE, TERMS AND CONDITIONS THEREOF, WHETHER OR NOT THE
7 SELLER, TRANSFEROR OR ASSIGNOR, HAS REPRESENTED TO, OR INFORMED THE
8 PURCHASER, TRANSFEREE OR ASSIGNEE, THAT IT OWES ANY TAX PURSUANT TO THIS
9 LOCAL LAW, WHETHER OR NOT THE PURCHASER, TRANSFEREE OR ASSIGNEE HAS
10 KNOWLEDGE THAT SUCH TAXES ARE OWING, AND WHETHER OR NOT ANY SUCH TAXES
11 ARE IN FACT OWING.
12 WHENEVER THE PURCHASER, TRANSFEREE OR ASSIGNEE SHALL FAIL TO GIVE THE
13 NOTICE TO THE ADMINISTRATOR REQUIRED BY THE PRECEDING PARAGRAPH, OR
14 WHENEVER THE ADMINISTRATOR SHALL INFORM THE PURCHASER, TRANSFEREE OR
15 ASSIGNEE THAT A POSSIBLE CLAIM FOR SUCH TAX OR TAXES EXISTS, ANY SUMS OF
16 MONEY, PROPERTY OR CHOSES IN ACTION, OR OTHER CONSIDERATION, WHICH THE
17 PURCHASER, TRANSFEREE OR ASSIGNEE IS REQUIRED TO TRANSFER OVER TO THE
18 SELLER, TRANSFEROR OR ASSIGNOR SHALL BE SUBJECT TO A FIRST PRIORITY
19 RIGHT AND LIEN FOR ANY SUCH TAXES THERETOFORE OR THEREAFTER DETERMINED
20 TO BE DUE FROM THE SELLER, TRANSFEROR OR ASSIGNOR TO THE CITY, AND THE
21 PURCHASER, TRANSFEREE OR ASSIGNEE IS FORBIDDEN TO TRANSFER TO THE SELL-
22 ER, TRANSFEROR OR ASSIGNOR ANY SUCH SUMS OF MONEY, PROPERTY OR CHOSES IN
23 ACTION TO THE EXTENT OF THE AMOUNT OF THE CITY'S CLAIM. FOR FAILURE TO
24 COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THE PURCHASER, TRANSFEREE
25 OR ASSIGNEE, IN ADDITION TO BEING SUBJECT TO THE LIABILITIES AND REME-
26 DIES IMPOSED AS PROVIDED BY LAW, SHALL BE PERSONALLY LIABLE FOR THE
27 PAYMENT TO THE CITY OF ANY SUCH TAXES, THERETOFORE OR THEREAFTER DETER-
28 MINED TO BE DUE TO THE CITY FROM THE SELLER, TRANSFEROR OR ASSIGNOR AND
29 SUCH LIABILITY MAY BE ASSESSED AND ENFORCED IN THE SAME MANNER AS THE
30 LIABILITY FOR TAX IS IMPOSED UNDER THIS LOCAL LAW.
31 (D) DELEGATION OF FUNCTIONS. THE LOCAL LAW MAY PROVIDE THAT THE ADMIN-
32 ISTRATOR OF THE TAX IMPOSED, AS DEFINED IN THE LOCAL LAW, MAY DELEGATE
33 HIS OR HER POWERS AND FUNCTIONS UNDER THE LOCAL LAW TO ONE OF HIS OR HER
34 DEPUTIES OR TO ANY EMPLOYEE OR EMPLOYEES OF HIS OR HER DEPARTMENT AND
35 AUTHORIZE BANKS OR TRUST COMPANIES WHICH ARE DEPOSITORIES OR FINANCIAL
36 AGENTS OF THE CITY TO RECEIVE AND GIVE A RECEIPT FOR ANY TAX IMPOSED
37 UNDER THE LOCAL LAW.
38 (E) THE PROVISIONS CONTAINED IN SUBDIVISIONS (A), (B), (C) AND (D) OF
39 THIS SECTION SHALL NOT BE APPLICABLE WITH RESPECT TO TAXES IMPOSED FOR
40 TAXABLE PERIODS COMMENCING ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
41 SEVENTY-SIX BUT, WITH RESPECT TO THE TAX IMPOSED FOR SUCH PERIODS THE
42 PROVISIONS CONTAINED IN PART VI OF ARTICLE TWENTY-TWO OF THE TAX LAW AND
43 SECTION THIRTEEN HUNDRED ELEVEN OF THE TAX LAW INCLUDING THE PROVISIONS
44 OF JUDICIAL REVIEW BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
45 CIVIL PRACTICE LAW AND RULES SHALL BE APPLICABLE WITH THE SAME FORCE AND
46 EFFECT AS IF THOSE PROVISIONS HAD BEEN INCORPORATED IN FULL IN THIS
47 SECTION EXCEPT WHERE INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
48 S 25-O. DEPOSIT AND DISPOSITION OF REVENUES. REVENUES RESULTING FROM
49 THE IMPOSITION OF THE TAX AUTHORIZED BY THIS ARTICLE SHALL BE PAID INTO
50 THE TREASURY OF THE CITY AND SHALL BE CREDITED TO AND DEPOSITED IN THE
51 GENERAL FUND OF SUCH CITY AND SHALL BE AVAILABLE FOR ANY LAWFUL CITY
52 PURPOSE. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, NINETEEN
53 HUNDRED SEVENTY-SIX SUCH REVENUES SHALL BE DEPOSITED AND DISPOSED OF IN
54 THE SAME MANNER AS REVENUES RESULTING FROM THE IMPOSITION OF THE TAXES
55 AUTHORIZED BY ARTICLE THIRTY OF THE TAX LAW.
56 S 3. This act shall take effect immediately.
