State Codes and Statutes

Statutes > New-york > Tax > Article-36 > 1700

§    1700.   Voluntary   disclosure   and   compliance   program.   1.  Notwithstanding the provisions of any other law to the  contrary,  there  is  hereby established a voluntary disclosure and compliance program, as  described in this section, to be administered by the  commissioner,  for  all  eligible  taxpayers  as  described  in  this section, owing any tax  imposed or previously imposed under this chapter or administered by  the  commissioner.    2.  For  purposes  of  the voluntary disclosure and compliance program  established under this section, an eligible taxpayer is  an  individual,  partnership,  estate,  trust,  corporation,  limited  liability company,  joint stock company, or any other company, trustee, receiver,  assignee,  referee, society, association, business or any other person subject to a  tax imposed by or pursuant to the authority of this chapter or any other  law imposing administrative tax responsibilities on the commissioner and  who  meets  the  following  criteria:  (1) the taxpayer is not currently  under  audit  by  the  department;  (2)  the  taxpayer  is  one  who  is  voluntarily  disclosing a New York tax liability that the department has  not determined, calculated, researched or identified at the time of  the  disclosure;  (3)  the  taxpayer is not currently a party to any criminal  investigation being conducted by an agency of the state or any political  subdivision thereof; and (4) the taxpayer is  not  seeking  to  disclose  participation  in  a  tax avoidance transaction that is a federal or New  York state reportable or listed transaction.    3.  Under  the  voluntary  disclosure  and  compliance  program,  upon  execution  of  a  voluntary  disclosure  and compliance agreement by the  eligible taxpayer and the commissioner, the commissioner shall waive any  applicable  penalties  (including  the  additional  rate   of   interest  prescribed  under section eleven hundred forty-five of this chapter) for  the following: (1) failure to pay any such tax liability; (2) failure to  file a return or report with respect to any such tax liability; and  (3)  failure  to  pay  estimated  tax.  In  addition,  no  criminal action or  proceeding shall be brought against an eligible taxpayer relating to the  tax liability  covered  by  the  agreement.  This  agreement  shall  not  preclude the auditing of the returns filed to determine if those returns  were   completed   in  accordance  with  existing  law  and  regulation.  Intentional failure  to  pay  all  the  taxes,  plus  related  interest,  pursuant  to  the  voluntary disclosure and compliance agreement entered  into between the taxpayer and the  commissioner,  shall  invalidate  any  waiver  of  penalty, invalidate the forbearance of any administrative or  criminal action or proceeding.    4. To participate in the voluntary disclosure and compliance  program,  an  eligible taxpayer must apply by submitting a disclosure statement in  the form and manner  prescribed  by  the  commissioner.  The  disclosure  statement  shall contain all the information the commissioner reasonably  deems necessary to effectively administer the program. As  long  as  all  the  requirements of the voluntary disclosure and compliance program are  met, no application shall be denied  solely  because  the  taxpayer  has  admitted  that  the  delinquency was the result of willful or fraudulent  conduct.  Except in instances where the taxpayer has  failed  to  comply  with  the  terms of a voluntary disclosure and compliance agreement, the  commissioner shall not use the taxpayer's disclosure as evidence in  any  proceeding  brought  against  the taxpayer or reveal the contents of the  disclosure  to  any  law  enforcement  or  other  agency.  However,  the  disclosure  of  any returns or reports filed under this program with the  secretary of the treasury of the United States, his or her delegates, or  the proper tax officer of any state or city is  permitted  as  otherwise  provided for in this chapter.5.  (a)  If  the taxpayer and the tax liability are eligible under the  voluntary  disclosure  and  compliance  program,  the  commissioner   is  authorized to enter into a voluntary disclosure and compliance agreement  with  the taxpayer. A voluntary disclosure and compliance agreement will  be  in  a  form  to  be established by the commissioner and include such  terms  as  the  commissioner  may  reasonably  require  to  satisfy  the  taxpayer's disclosed tax obligations and enable and require the taxpayer  to  comply with the tax law in the future. The taxpayer must pay the tax  and  the  related  interest  that  are  the  subject  of  the  voluntary  disclosure  and  compliance  agreement when the agreement is executed or  within the time  stated  on  a  bill  issued  to  the  taxpayer  by  the  commissioner.  In  the  event  the  commissioner  is  satisfied that the  taxpayer cannot  make  immediate  full  payment  of  the  disclosed  tax  liability,  the  commissioner  may  enter  into  an  installment payment  program with the taxpayer for the payment of the tax and  interest  due.  The  commissioner  may  require a financial disclosure statement setting  forth information concerning the taxpayer's current assets, liabilities,  earnings, and  other  financial  information  before  entering  into  an  installment  payment  plan  with  the taxpayer. In addition to any other  information and terms that the commissioner determines are  appropriate,  the voluntary disclosure and compliance agreement shall provide that, if  the  taxpayer  complies  with the terms of the compliance agreement, the  taxpayer will not be subject to any criminal tax prosecution in New York  state for the conduct disclosed by the taxpayer.    (b) If the taxpayer intentionally provides false material  information  or  omits  material  information  in  his  or  her  submissions  to  the  commissioner, or attempts to intentionally defeat or  evade  a  tax  due  pursuant  to the agreement executed under this article, or intentionally  fails to comply  with  the  terms  of  the  compliance  agreement,  such  agreement shall be deemed rescinded.    6.  Unless  the commissioner on his or her own motion redetermines the  amount of tax due, including applicable interest,  no  refund  shall  be  granted   or  credit  allowed  with  respect  to  any  taxes,  including  applicable interest, paid under this program.    7. The  commissioner  may  promulgate  regulations,  issue  forms  and  instructions,  and take any and all other actions necessary to implement  the provisions of  the  program  established  under  this  section.  The  commissioner shall publicize the program provided for in this section so  as to maximize public awareness of and participation in such program.    8.  For  purposes  of  this  section, the term "taxpayer" includes any  person required to collect any of the taxes specified in subdivision one  of this section.    9. The voluntary disclosure and compliance application, the disclosure  statement, the voluntary disclosure and compliance agreement, and  other  documents  filed  by  an  eligible  taxpayer  pursuant  to  the  program  established by this section are deemed to be reports and returns:    (a) subject to the secrecy provisions of  this  chapter  in  the  same  manner  and  to the same extent as if such documents were referred to in  any of the secrecy provisions of this chapter; and    (b) for purposes of the criminal provisions of article thirty-seven of  this chapter.

State Codes and Statutes

Statutes > New-york > Tax > Article-36 > 1700

§    1700.   Voluntary   disclosure   and   compliance   program.   1.  Notwithstanding the provisions of any other law to the  contrary,  there  is  hereby established a voluntary disclosure and compliance program, as  described in this section, to be administered by the  commissioner,  for  all  eligible  taxpayers  as  described  in  this section, owing any tax  imposed or previously imposed under this chapter or administered by  the  commissioner.    2.  For  purposes  of  the voluntary disclosure and compliance program  established under this section, an eligible taxpayer is  an  individual,  partnership,  estate,  trust,  corporation,  limited  liability company,  joint stock company, or any other company, trustee, receiver,  assignee,  referee, society, association, business or any other person subject to a  tax imposed by or pursuant to the authority of this chapter or any other  law imposing administrative tax responsibilities on the commissioner and  who  meets  the  following  criteria:  (1) the taxpayer is not currently  under  audit  by  the  department;  (2)  the  taxpayer  is  one  who  is  voluntarily  disclosing a New York tax liability that the department has  not determined, calculated, researched or identified at the time of  the  disclosure;  (3)  the  taxpayer is not currently a party to any criminal  investigation being conducted by an agency of the state or any political  subdivision thereof; and (4) the taxpayer is  not  seeking  to  disclose  participation  in  a  tax avoidance transaction that is a federal or New  York state reportable or listed transaction.    3.  Under  the  voluntary  disclosure  and  compliance  program,  upon  execution  of  a  voluntary  disclosure  and compliance agreement by the  eligible taxpayer and the commissioner, the commissioner shall waive any  applicable  penalties  (including  the  additional  rate   of   interest  prescribed  under section eleven hundred forty-five of this chapter) for  the following: (1) failure to pay any such tax liability; (2) failure to  file a return or report with respect to any such tax liability; and  (3)  failure  to  pay  estimated  tax.  In  addition,  no  criminal action or  proceeding shall be brought against an eligible taxpayer relating to the  tax liability  covered  by  the  agreement.  This  agreement  shall  not  preclude the auditing of the returns filed to determine if those returns  were   completed   in  accordance  with  existing  law  and  regulation.  Intentional failure  to  pay  all  the  taxes,  plus  related  interest,  pursuant  to  the  voluntary disclosure and compliance agreement entered  into between the taxpayer and the  commissioner,  shall  invalidate  any  waiver  of  penalty, invalidate the forbearance of any administrative or  criminal action or proceeding.    4. To participate in the voluntary disclosure and compliance  program,  an  eligible taxpayer must apply by submitting a disclosure statement in  the form and manner  prescribed  by  the  commissioner.  The  disclosure  statement  shall contain all the information the commissioner reasonably  deems necessary to effectively administer the program. As  long  as  all  the  requirements of the voluntary disclosure and compliance program are  met, no application shall be denied  solely  because  the  taxpayer  has  admitted  that  the  delinquency was the result of willful or fraudulent  conduct.  Except in instances where the taxpayer has  failed  to  comply  with  the  terms of a voluntary disclosure and compliance agreement, the  commissioner shall not use the taxpayer's disclosure as evidence in  any  proceeding  brought  against  the taxpayer or reveal the contents of the  disclosure  to  any  law  enforcement  or  other  agency.  However,  the  disclosure  of  any returns or reports filed under this program with the  secretary of the treasury of the United States, his or her delegates, or  the proper tax officer of any state or city is  permitted  as  otherwise  provided for in this chapter.5.  (a)  If  the taxpayer and the tax liability are eligible under the  voluntary  disclosure  and  compliance  program,  the  commissioner   is  authorized to enter into a voluntary disclosure and compliance agreement  with  the taxpayer. A voluntary disclosure and compliance agreement will  be  in  a  form  to  be established by the commissioner and include such  terms  as  the  commissioner  may  reasonably  require  to  satisfy  the  taxpayer's disclosed tax obligations and enable and require the taxpayer  to  comply with the tax law in the future. The taxpayer must pay the tax  and  the  related  interest  that  are  the  subject  of  the  voluntary  disclosure  and  compliance  agreement when the agreement is executed or  within the time  stated  on  a  bill  issued  to  the  taxpayer  by  the  commissioner.  In  the  event  the  commissioner  is  satisfied that the  taxpayer cannot  make  immediate  full  payment  of  the  disclosed  tax  liability,  the  commissioner  may  enter  into  an  installment payment  program with the taxpayer for the payment of the tax and  interest  due.  The  commissioner  may  require a financial disclosure statement setting  forth information concerning the taxpayer's current assets, liabilities,  earnings, and  other  financial  information  before  entering  into  an  installment  payment  plan  with  the taxpayer. In addition to any other  information and terms that the commissioner determines are  appropriate,  the voluntary disclosure and compliance agreement shall provide that, if  the  taxpayer  complies  with the terms of the compliance agreement, the  taxpayer will not be subject to any criminal tax prosecution in New York  state for the conduct disclosed by the taxpayer.    (b) If the taxpayer intentionally provides false material  information  or  omits  material  information  in  his  or  her  submissions  to  the  commissioner, or attempts to intentionally defeat or  evade  a  tax  due  pursuant  to the agreement executed under this article, or intentionally  fails to comply  with  the  terms  of  the  compliance  agreement,  such  agreement shall be deemed rescinded.    6.  Unless  the commissioner on his or her own motion redetermines the  amount of tax due, including applicable interest,  no  refund  shall  be  granted   or  credit  allowed  with  respect  to  any  taxes,  including  applicable interest, paid under this program.    7. The  commissioner  may  promulgate  regulations,  issue  forms  and  instructions,  and take any and all other actions necessary to implement  the provisions of  the  program  established  under  this  section.  The  commissioner shall publicize the program provided for in this section so  as to maximize public awareness of and participation in such program.    8.  For  purposes  of  this  section, the term "taxpayer" includes any  person required to collect any of the taxes specified in subdivision one  of this section.    9. The voluntary disclosure and compliance application, the disclosure  statement, the voluntary disclosure and compliance agreement, and  other  documents  filed  by  an  eligible  taxpayer  pursuant  to  the  program  established by this section are deemed to be reports and returns:    (a) subject to the secrecy provisions of  this  chapter  in  the  same  manner  and  to the same extent as if such documents were referred to in  any of the secrecy provisions of this chapter; and    (b) for purposes of the criminal provisions of article thirty-seven of  this chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-36 > 1700

§    1700.   Voluntary   disclosure   and   compliance   program.   1.  Notwithstanding the provisions of any other law to the  contrary,  there  is  hereby established a voluntary disclosure and compliance program, as  described in this section, to be administered by the  commissioner,  for  all  eligible  taxpayers  as  described  in  this section, owing any tax  imposed or previously imposed under this chapter or administered by  the  commissioner.    2.  For  purposes  of  the voluntary disclosure and compliance program  established under this section, an eligible taxpayer is  an  individual,  partnership,  estate,  trust,  corporation,  limited  liability company,  joint stock company, or any other company, trustee, receiver,  assignee,  referee, society, association, business or any other person subject to a  tax imposed by or pursuant to the authority of this chapter or any other  law imposing administrative tax responsibilities on the commissioner and  who  meets  the  following  criteria:  (1) the taxpayer is not currently  under  audit  by  the  department;  (2)  the  taxpayer  is  one  who  is  voluntarily  disclosing a New York tax liability that the department has  not determined, calculated, researched or identified at the time of  the  disclosure;  (3)  the  taxpayer is not currently a party to any criminal  investigation being conducted by an agency of the state or any political  subdivision thereof; and (4) the taxpayer is  not  seeking  to  disclose  participation  in  a  tax avoidance transaction that is a federal or New  York state reportable or listed transaction.    3.  Under  the  voluntary  disclosure  and  compliance  program,  upon  execution  of  a  voluntary  disclosure  and compliance agreement by the  eligible taxpayer and the commissioner, the commissioner shall waive any  applicable  penalties  (including  the  additional  rate   of   interest  prescribed  under section eleven hundred forty-five of this chapter) for  the following: (1) failure to pay any such tax liability; (2) failure to  file a return or report with respect to any such tax liability; and  (3)  failure  to  pay  estimated  tax.  In  addition,  no  criminal action or  proceeding shall be brought against an eligible taxpayer relating to the  tax liability  covered  by  the  agreement.  This  agreement  shall  not  preclude the auditing of the returns filed to determine if those returns  were   completed   in  accordance  with  existing  law  and  regulation.  Intentional failure  to  pay  all  the  taxes,  plus  related  interest,  pursuant  to  the  voluntary disclosure and compliance agreement entered  into between the taxpayer and the  commissioner,  shall  invalidate  any  waiver  of  penalty, invalidate the forbearance of any administrative or  criminal action or proceeding.    4. To participate in the voluntary disclosure and compliance  program,  an  eligible taxpayer must apply by submitting a disclosure statement in  the form and manner  prescribed  by  the  commissioner.  The  disclosure  statement  shall contain all the information the commissioner reasonably  deems necessary to effectively administer the program. As  long  as  all  the  requirements of the voluntary disclosure and compliance program are  met, no application shall be denied  solely  because  the  taxpayer  has  admitted  that  the  delinquency was the result of willful or fraudulent  conduct.  Except in instances where the taxpayer has  failed  to  comply  with  the  terms of a voluntary disclosure and compliance agreement, the  commissioner shall not use the taxpayer's disclosure as evidence in  any  proceeding  brought  against  the taxpayer or reveal the contents of the  disclosure  to  any  law  enforcement  or  other  agency.  However,  the  disclosure  of  any returns or reports filed under this program with the  secretary of the treasury of the United States, his or her delegates, or  the proper tax officer of any state or city is  permitted  as  otherwise  provided for in this chapter.5.  (a)  If  the taxpayer and the tax liability are eligible under the  voluntary  disclosure  and  compliance  program,  the  commissioner   is  authorized to enter into a voluntary disclosure and compliance agreement  with  the taxpayer. A voluntary disclosure and compliance agreement will  be  in  a  form  to  be established by the commissioner and include such  terms  as  the  commissioner  may  reasonably  require  to  satisfy  the  taxpayer's disclosed tax obligations and enable and require the taxpayer  to  comply with the tax law in the future. The taxpayer must pay the tax  and  the  related  interest  that  are  the  subject  of  the  voluntary  disclosure  and  compliance  agreement when the agreement is executed or  within the time  stated  on  a  bill  issued  to  the  taxpayer  by  the  commissioner.  In  the  event  the  commissioner  is  satisfied that the  taxpayer cannot  make  immediate  full  payment  of  the  disclosed  tax  liability,  the  commissioner  may  enter  into  an  installment payment  program with the taxpayer for the payment of the tax and  interest  due.  The  commissioner  may  require a financial disclosure statement setting  forth information concerning the taxpayer's current assets, liabilities,  earnings, and  other  financial  information  before  entering  into  an  installment  payment  plan  with  the taxpayer. In addition to any other  information and terms that the commissioner determines are  appropriate,  the voluntary disclosure and compliance agreement shall provide that, if  the  taxpayer  complies  with the terms of the compliance agreement, the  taxpayer will not be subject to any criminal tax prosecution in New York  state for the conduct disclosed by the taxpayer.    (b) If the taxpayer intentionally provides false material  information  or  omits  material  information  in  his  or  her  submissions  to  the  commissioner, or attempts to intentionally defeat or  evade  a  tax  due  pursuant  to the agreement executed under this article, or intentionally  fails to comply  with  the  terms  of  the  compliance  agreement,  such  agreement shall be deemed rescinded.    6.  Unless  the commissioner on his or her own motion redetermines the  amount of tax due, including applicable interest,  no  refund  shall  be  granted   or  credit  allowed  with  respect  to  any  taxes,  including  applicable interest, paid under this program.    7. The  commissioner  may  promulgate  regulations,  issue  forms  and  instructions,  and take any and all other actions necessary to implement  the provisions of  the  program  established  under  this  section.  The  commissioner shall publicize the program provided for in this section so  as to maximize public awareness of and participation in such program.    8.  For  purposes  of  this  section, the term "taxpayer" includes any  person required to collect any of the taxes specified in subdivision one  of this section.    9. The voluntary disclosure and compliance application, the disclosure  statement, the voluntary disclosure and compliance agreement, and  other  documents  filed  by  an  eligible  taxpayer  pursuant  to  the  program  established by this section are deemed to be reports and returns:    (a) subject to the secrecy provisions of  this  chapter  in  the  same  manner  and  to the same extent as if such documents were referred to in  any of the secrecy provisions of this chapter; and    (b) for purposes of the criminal provisions of article thirty-seven of  this chapter.

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