State Codes and Statutes

Statutes > New-york > Tax > Article-36 > 1701

§  1701.  Financial  institution  data  match  system  for  state  tax  collection purposes. 1. Definitions. As used in this section:    (a) "Debt" means all liabilities, including unpaid tax, interest,  and  penalty,  that  the  commissioner is required by law to collect and that  have been reduced to judgment by the docketing of a New York  state  tax  warrant in the office of a county clerk located in the state of New York  or  by  the  filing  of  a  copy  of  the  warrant  in the office of the  department of state.    (b) "Tax debtor" means a natural person or any  entity  other  than  a  natural  person  named  on  a  New York state tax warrant and identified  thereon as a judgment debtor.    (c) "Financial institution" means any financial institution authorized  or required to participate in a financial institution data match  system  or program for child support enforcement purposes under federal or state  law.    2.  Financial  institution  data match system for state tax collection  purposes. (a) To assist the commissioner in the collection of debts, the  department must develop and operate a financial institution  data  match  system  for the purpose of identifying and seizing the non-exempt assets  of tax debtors as identified by the commissioner.  The  commissioner  is  authorized  to  designate  a  third  party  to  develop and operate this  system. Any third party designated by the commissioner  to  develop  and  operate  a  financial  data  match  system  must keep all information it  obtains  from  both  the  department  and  the   financial   institution  confidential,  and  any  employee, agent or representative of that third  party is prohibited from disclosing that  information  to  anyone  other  than the department or the financial institution.    (b)  Each  financial  institution doing business in the state must, in  conjunction with  the  commissioner  or  the  commissioner's  authorized  designee,  develop  and  operate  a  data match system to facilitate the  identification and seizure of non-exempt financial assets of tax debtors  identified  by  the  commissioner  or  the   commissioner's   authorized  designee.  If  a financial institution has a data match system developed  or used to administer the child support  enforcement  programs  of  this  state,  and  if  that  system  is  approved  by  the commissioner or the  commissioner's authorized designee, the financial  institution  may  use  that system to comply with the provisions of this section.    3.  Each  financial  institution  must provide identifying information  each calendar quarter to the department for each tax  debtor  identified  by  the  department who or that maintains an account at the institution.  The identifying information must include the tax debtor's name, address,  and social security number or other taxpayer identification number,  and  all account numbers and balances in each account.    4. A financial institution that complies with this section will not be  liable  under  state law to any person for the disclosure of information  to the commissioner or the commissioner's authorized  designee,  or  any  other action taken in good faith to comply with this section.    5.   Both  the  financial  institution  furnishing  a  report  to  the  commissioner  under  this  section  and  the  commissioner's  authorized  designee  are prohibited from disclosing to the tax debtor that the name  of  the  tax  debtor  has  been  received  from  or  furnished  to   the  commissioner, unless authorized in writing by the commissioner to do so.  A violation of this subdivision will result in the imposition of a civil  penalty  equal  to  the greater of one thousand dollars or the amount in  the account of the person to whom  the  disclosure  was  made  for  each  instance  of  unauthorized disclosure by the financial institution. That  civil penalty can be assessed and collected under  this  chapter  as  if  that penalty were tax.6.  A  financial institution may disclose to its depositors or account  holders that  the  department  has  the  authority  to  request  certain  identifying  information  on certain depositors or account holders under  the financial institution data match system  for  state  tax  collection  purposes.

State Codes and Statutes

Statutes > New-york > Tax > Article-36 > 1701

§  1701.  Financial  institution  data  match  system  for  state  tax  collection purposes. 1. Definitions. As used in this section:    (a) "Debt" means all liabilities, including unpaid tax, interest,  and  penalty,  that  the  commissioner is required by law to collect and that  have been reduced to judgment by the docketing of a New York  state  tax  warrant in the office of a county clerk located in the state of New York  or  by  the  filing  of  a  copy  of  the  warrant  in the office of the  department of state.    (b) "Tax debtor" means a natural person or any  entity  other  than  a  natural  person  named  on  a  New York state tax warrant and identified  thereon as a judgment debtor.    (c) "Financial institution" means any financial institution authorized  or required to participate in a financial institution data match  system  or program for child support enforcement purposes under federal or state  law.    2.  Financial  institution  data match system for state tax collection  purposes. (a) To assist the commissioner in the collection of debts, the  department must develop and operate a financial institution  data  match  system  for the purpose of identifying and seizing the non-exempt assets  of tax debtors as identified by the commissioner.  The  commissioner  is  authorized  to  designate  a  third  party  to  develop and operate this  system. Any third party designated by the commissioner  to  develop  and  operate  a  financial  data  match  system  must keep all information it  obtains  from  both  the  department  and  the   financial   institution  confidential,  and  any  employee, agent or representative of that third  party is prohibited from disclosing that  information  to  anyone  other  than the department or the financial institution.    (b)  Each  financial  institution doing business in the state must, in  conjunction with  the  commissioner  or  the  commissioner's  authorized  designee,  develop  and  operate  a  data match system to facilitate the  identification and seizure of non-exempt financial assets of tax debtors  identified  by  the  commissioner  or  the   commissioner's   authorized  designee.  If  a financial institution has a data match system developed  or used to administer the child support  enforcement  programs  of  this  state,  and  if  that  system  is  approved  by  the commissioner or the  commissioner's authorized designee, the financial  institution  may  use  that system to comply with the provisions of this section.    3.  Each  financial  institution  must provide identifying information  each calendar quarter to the department for each tax  debtor  identified  by  the  department who or that maintains an account at the institution.  The identifying information must include the tax debtor's name, address,  and social security number or other taxpayer identification number,  and  all account numbers and balances in each account.    4. A financial institution that complies with this section will not be  liable  under  state law to any person for the disclosure of information  to the commissioner or the commissioner's authorized  designee,  or  any  other action taken in good faith to comply with this section.    5.   Both  the  financial  institution  furnishing  a  report  to  the  commissioner  under  this  section  and  the  commissioner's  authorized  designee  are prohibited from disclosing to the tax debtor that the name  of  the  tax  debtor  has  been  received  from  or  furnished  to   the  commissioner, unless authorized in writing by the commissioner to do so.  A violation of this subdivision will result in the imposition of a civil  penalty  equal  to  the greater of one thousand dollars or the amount in  the account of the person to whom  the  disclosure  was  made  for  each  instance  of  unauthorized disclosure by the financial institution. That  civil penalty can be assessed and collected under  this  chapter  as  if  that penalty were tax.6.  A  financial institution may disclose to its depositors or account  holders that  the  department  has  the  authority  to  request  certain  identifying  information  on certain depositors or account holders under  the financial institution data match system  for  state  tax  collection  purposes.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-36 > 1701

§  1701.  Financial  institution  data  match  system  for  state  tax  collection purposes. 1. Definitions. As used in this section:    (a) "Debt" means all liabilities, including unpaid tax, interest,  and  penalty,  that  the  commissioner is required by law to collect and that  have been reduced to judgment by the docketing of a New York  state  tax  warrant in the office of a county clerk located in the state of New York  or  by  the  filing  of  a  copy  of  the  warrant  in the office of the  department of state.    (b) "Tax debtor" means a natural person or any  entity  other  than  a  natural  person  named  on  a  New York state tax warrant and identified  thereon as a judgment debtor.    (c) "Financial institution" means any financial institution authorized  or required to participate in a financial institution data match  system  or program for child support enforcement purposes under federal or state  law.    2.  Financial  institution  data match system for state tax collection  purposes. (a) To assist the commissioner in the collection of debts, the  department must develop and operate a financial institution  data  match  system  for the purpose of identifying and seizing the non-exempt assets  of tax debtors as identified by the commissioner.  The  commissioner  is  authorized  to  designate  a  third  party  to  develop and operate this  system. Any third party designated by the commissioner  to  develop  and  operate  a  financial  data  match  system  must keep all information it  obtains  from  both  the  department  and  the   financial   institution  confidential,  and  any  employee, agent or representative of that third  party is prohibited from disclosing that  information  to  anyone  other  than the department or the financial institution.    (b)  Each  financial  institution doing business in the state must, in  conjunction with  the  commissioner  or  the  commissioner's  authorized  designee,  develop  and  operate  a  data match system to facilitate the  identification and seizure of non-exempt financial assets of tax debtors  identified  by  the  commissioner  or  the   commissioner's   authorized  designee.  If  a financial institution has a data match system developed  or used to administer the child support  enforcement  programs  of  this  state,  and  if  that  system  is  approved  by  the commissioner or the  commissioner's authorized designee, the financial  institution  may  use  that system to comply with the provisions of this section.    3.  Each  financial  institution  must provide identifying information  each calendar quarter to the department for each tax  debtor  identified  by  the  department who or that maintains an account at the institution.  The identifying information must include the tax debtor's name, address,  and social security number or other taxpayer identification number,  and  all account numbers and balances in each account.    4. A financial institution that complies with this section will not be  liable  under  state law to any person for the disclosure of information  to the commissioner or the commissioner's authorized  designee,  or  any  other action taken in good faith to comply with this section.    5.   Both  the  financial  institution  furnishing  a  report  to  the  commissioner  under  this  section  and  the  commissioner's  authorized  designee  are prohibited from disclosing to the tax debtor that the name  of  the  tax  debtor  has  been  received  from  or  furnished  to   the  commissioner, unless authorized in writing by the commissioner to do so.  A violation of this subdivision will result in the imposition of a civil  penalty  equal  to  the greater of one thousand dollars or the amount in  the account of the person to whom  the  disclosure  was  made  for  each  instance  of  unauthorized disclosure by the financial institution. That  civil penalty can be assessed and collected under  this  chapter  as  if  that penalty were tax.6.  A  financial institution may disclose to its depositors or account  holders that  the  department  has  the  authority  to  request  certain  identifying  information  on certain depositors or account holders under  the financial institution data match system  for  state  tax  collection  purposes.