Monday, July 8, 2019

Cuomo Signs Law Amending the Law Enforcement Exception in New York State Tax Code

 
Governor Cuomo today signed into law S.5072-A/A.7194A and S.6146/A.7750, which amend the law enforcement exception in New York State tax code to include Congressional tax-related committees.

"Tax secrecy is paramount - the exception being for bonafide investigative and law enforcement purposes," Governor Cuomo said. "By amending the law enforcement exception in New York State tax code to include Congressional tax-related committees, this bill gives Congress the ability to fulfill its Constitutional responsibilities, strengthen our democratic system and ensure that no one is above the law."

Specifically the bill amends section 697 of the Tax Law (Personal Income Tax) to add a new subsection directing the Commissioner of the Department of Taxation and Finance to share state income tax returns and reports upon the written request of the Chairperson of the U.S. House Ways & Means Committee, the U.S. Senate Finance Committee, or the Joint Committee on Taxation. The Commissioner is required to redact any information that, if disclosed, would violate state or federal law or would constitute an unwarranted invasion of personal privacy (e.g. social security numbers, account numbers, and residential address information).

Such request must be accompanied by certification that the tax returns or reports have been requested for a specified and legitimate legislative purpose, the requesting committee has made a written request to the U.S Secretary of the Treasury for related federal returns or return information and that the returns will be treated by the requesting committee in a manner consistent with federal law authorizing the same committees to request and receive federal income tax returns from the U.S. Treasury.

Source: The Office of Governor Andrew M. Cuomo

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