Bill Text: NY S05573 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires the disclosure of state income tax returns by the department of taxation and finance for the president and vice-president of the United States.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2017-04-27 - PRINT NUMBER 5573A [S05573 Detail]

Download: New_York-2017-S05573-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5573--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 17, 2017
                                       ___________
        Introduced by Sens. SQUADRON, HOYLMAN -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government  Operations  --  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 of the president and vice president 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  or  the  vice  president  of  the United States has filed New York state
     8  income tax returns pursuant to this article in any  of  the  immediately
     9  preceding  five  taxable  years.  With  respect to each such return, the
    10  commissioner shall include in such statement the  following  information
    11  as  reported on the return: (i) New York adjusted gross income, (ii) any
    12  standard deduction or itemized deductions claimed on the  return,  (iii)
    13  taxable  income, (iv) total New York state taxes due, (v) total New York
    14  city and Yonkers taxes, surcharges and metropolitan commuter transporta-
    15  tion mobility taxes due, (vi) sales or use taxes, (vii) any payments and
    16  refundable credits, (viii) total New York state, New York city and Yonk-
    17  ers taxes withheld, (ix) total estimated tax payments, (x)  whether  the
    18  taxpayer claimed a refund with such return, and if so the amount of such
    19  refund,  (xi)  whether  the taxpayer reported any amount owed, and if so
    20  the amount owed, (xii) any estimated tax penalty, and (xiii)  any  other
    21  penalties and interest.
    22    (B)  Copies  of  all  New  York  state income tax returns filed to the
    23  department pursuant to this article  by  the  president  of  the  United
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11060-05-7
        S. 5573--A                          2
     1  States  or  the vice president of the United States with respect to each
     2  of the immediately preceding five taxable years, provided  however  that
     3  the  following  information shall be redacted prior to such copies being
     4  posted  on  the department's website: (i) the taxpayer's social security
     5  number, (ii) the social security number of the taxpayer's spouse and any
     6  individuals claimed as dependents  on  the  return,  (iii)  any  account
     7  number  reported  on  the  return,  (iv)  any  taxpayer addresses on the
     8  return, and (v) any additional information if  the  commissioner  deter-
     9  mines that the disclosure of such information will violate federal law.
    10    (C)  The  commissioner  shall make the first such postings required by
    11  this paragraph no later than thirty days after  the  effective  date  of
    12  this subsection, and subsequent postings no later than thirty days after
    13  the  president  of the United States or the vice president of the United
    14  States takes his or her oath of office.
    15    (D) Statements and income  tax  returns  posted  on  the  department's
    16  website  pursuant  to  this  paragraph  shall  remain  posted until such
    17  elected official leaves office.
    18    (2) Notwithstanding the provisions of subsection (e) of this  section,
    19  the commissioner shall, on an annual basis as hereinafter provided, post
    20  on the department's website:
    21    (A)  A statement disclosing whether the president of the United States
    22  or the vice president of the United States  has  filed  New  York  state
    23  income  tax  returns  pursuant to this article on or after the effective
    24  date of this subsection. With respect to each such return,  the  commis-
    25  sioner  shall  include  in  such  statement the following information as
    26  reported on the return: (i) New York adjusted  gross  income,  (ii)  any
    27  standard  deduction  or itemized deductions claimed on the return, (iii)
    28  taxable income, (iv) total New York state taxes due, (v) total New  York
    29  city and Yonkers taxes, surcharges and metropolitan commuter transporta-
    30  tion mobility taxes due, (vi) sales or use taxes, (vii) any payments and
    31  refundable credits, (viii) total New York state, New York city and Yonk-
    32  ers  taxes  withheld, (ix) total estimated tax payments, (x) whether the
    33  taxpayer claimed a refund with such return, and if so the amount of such
    34  refund, (xi) whether the taxpayer reported any amount owed,  and  if  so
    35  the  amount  owed, (xii) any estimated tax penalty, and (xiii) any other
    36  penalties and interest.
    37    (B) Copies of all New York state  income  tax  returns  filed  to  the
    38  department  pursuant  to  this article on or after the effective date of
    39  this subsection, by the president of the United States or the vice pres-
    40  ident of the United States, provided however that the following informa-
    41  tion shall be redacted prior to such copies being posted on the  depart-
    42  ment's  website:  (i)  the  taxpayer's  social security number, (ii) the
    43  social security number of the  taxpayer's  spouse  and  any  individuals
    44  claimed  as dependents on the returns, (iii) any account number reported
    45  on the returns, (iv) any taxpayer addresses on the returns, and (v)  any
    46  additional  information  if the commissioner determines that the disclo-
    47  sure of such information will violate federal law.
    48    (C) The commissioner shall make the postings required  by  this  para-
    49  graph  no  later than the fifteenth day of the fifth month following the
    50  close of the taxable year, provided however that if the president of the
    51  United States or the vice president of the United States has obtained an
    52  extension for filing a return pursuant to section six hundred fifty-sev-
    53  en of this article, such postings shall occur no later than thirty  days
    54  after the return is filed with the department.
        S. 5573--A                          3
     1    (D) Statements and returns posted on the department's website pursuant
     2  to this paragraph shall remain posted until such elected official leaves
     3  office.
     4    (3)  If  the commissioner redacts any information from a return posted
     5  pursuant to this subsection based on a determination that disclosure  of
     6  such  information  would violate federal law, the commissioner shall, at
     7  the time of posting such  redacted  return,  post  on  the  department's
     8  website  a description of the type of information that was redacted from
     9  the return and a detailed explanation  of  the  commissioner's  determi-
    10  nation  that disclosure of such information would constitute a violation
    11  of federal law.
    12    (4) If any clause, sentence, paragraph  or  part  of  this  subsection
    13  shall  be adjudged by any court of competent jurisdiction to be invalid,
    14  the judgment shall not affect, impair or invalidate the remainder there-
    15  of, but shall be confined in its  operation  to  the  clause,  sentence,
    16  paragraph or part of this subsection directly involved in the controver-
    17  sy in which the judgment shall have been rendered.
    18    § 2. This act shall take effect immediately.