Bill Text: NY A01390 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the disclosure of tax returns by statewide elected public officials including the president of the United States.

Spectrum: Partisan Bill (Democrat 91-1)

Status: (Introduced) 2019-01-15 - referred to ways and means [A01390 Detail]

Download: New_York-2019-A01390-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1390
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M. of A. BUCHWALD, FAHY, PAULIN, CRESPO, PERRY, BARRETT,
          SIMON,  ABINANTI,  CARROLL,  PICHARDO,  GOTTFRIED,  QUART,  RODRIGUEZ,
          ORTIZ,  L. ROSENTHAL,  D'URSO,  LAVINE,  JEAN-PIERRE,  JAFFEE, MOSLEY,
          DE LA ROSA,  WOERNER,  COLTON,  BARNWELL,  NIOU,  CUSICK,   O'DONNELL,
          LIFTON, ARROYO, STECK, JOYNER, RYAN, SEAWRIGHT, RAIA, GLICK, DINOWITZ,
          WALLACE,  LENTOL,  BICHOTTE, TITUS, GALEF, PHEFFER AMATO, VANEL, SIMO-
          TAS,  RIVERA,  WILLIAMS,  BARRON,  KIM,  WRIGHT,  WALKER,  RICHARDSON,
          STIRPE,  DAVILA,  CAHILL,  THIELE, RAMOS, ENGLEBRIGHT, AUBRY, HYNDMAN,
          CYMBROWITZ, DenDEKKER, ABBATE, BRONSON, GANTT, LUPARDO --  Multi-Spon-
          sored  by -- M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Ways and Means
        AN ACT to amend the tax law, in relation to requiring the disclosure  of
          tax returns by statewide elected public officials including the presi-
          dent 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  the vice president of the United States, a United States senator repres-
     8  enting  New  York state or a statewide elected official, as that term is
     9  defined in section seventy-three of the public officers law,  has  filed
    10  New York state income tax returns pursuant to this article in any of the
    11  immediately  preceding  five  taxable  years.  With respect to each such
    12  return, the commissioner shall include in such statement  the  following
    13  information  as  reported  on  the  return:  (i) New York adjusted gross
    14  income, (ii) any standard deduction or itemized  deductions  claimed  on
    15  the  return,  (iii) taxable income, (iv) total New York state taxes due,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06198-01-9

        A. 1390                             2
     1  (v) total New York city and Yonkers taxes, surcharges  and  metropolitan
     2  commuter  transportation  mobility  taxes  due, (vi) sales or use taxes,
     3  (vii) any payments and refundable credits, (viii) total New York  state,
     4  New  York  city  and  Yonkers  taxes  withheld, (ix) total estimated tax
     5  payments, (x) whether the taxpayer claimed a refund  with  such  return,
     6  and  if so the amount of such refund, (xi) whether the taxpayer reported
     7  any amount owed, and if so the amount  owed,  (xii)  any  estimated  tax
     8  penalty, and (xiii) any other penalties and interest.
     9    (B)  Copies  of  all  New  York  state income tax returns filed to the
    10  department pursuant to this article  by  the  president  of  the  United
    11  States, the vice president of the United States, a United States senator
    12  representing New York state or a statewide elected official with respect
    13  to each of the immediately preceding five taxable years, provided howev-
    14  er that the following information shall be redacted prior to such copies
    15  being  posted  on  the  department's  website: (i) the taxpayer's social
    16  security number, (ii) the  social  security  number  of  the  taxpayer's
    17  spouse  and  any  individuals claimed as dependents on the return, (iii)
    18  any account number reported on the return, (iv) any  taxpayer  addresses
    19  on  the  return,  and (v) any additional information if the commissioner
    20  determines that the disclosure of such information will violate  federal
    21  law.
    22    (C)  The  commissioner  shall make the first such postings required by
    23  this paragraph no later than thirty days after  the  effective  date  of
    24  this subsection, and subsequent postings no later than thirty days after
    25  the  president  of  the  United States, the vice president of the United
    26  States, a United States senator representing New York state or a  state-
    27  wide elected official takes his or her oath of office.
    28    (D) Statements and state income tax returns posted on the department's
    29  website  pursuant  to  this  paragraph  shall  remain  posted until such
    30  elected official leaves office.
    31    (2) Notwithstanding the provisions of subsection (e) of this  section,
    32  the commissioner shall, on an annual basis as hereinafter provided, post
    33  on the department's website:
    34    (A) A statement disclosing whether the president of the United States,
    35  the vice president of the United States, a United States senator repres-
    36  enting  New  York state or a statewide elected official, as that term is
    37  defined in section seventy-three of the public officers law,  has  filed
    38  New  York  state income tax returns pursuant to this article on or after
    39  the effective date of this subsection. With respect to each such return,
    40  the commissioner shall include in such statement the following  informa-
    41  tion as reported on the return: (i) New York adjusted gross income, (ii)
    42  any  standard  deduction  or  itemized deductions claimed on the return,
    43  (iii) taxable income, (iv) total New York state taxes due, (v) total New
    44  York city and Yonkers taxes, surcharges and metropolitan commuter trans-
    45  portation mobility taxes  due,  (vi)  sales  or  use  taxes,  (vii)  any
    46  payments  and  refundable credits, (viii) total New York state, New York
    47  city and Yonkers taxes withheld, (ix) total estimated tax payments,  (x)
    48  whether  the  taxpayer  claimed a refund with such return, and if so the
    49  amount of such refund, (xi) whether the  taxpayer  reported  any  amount
    50  owed,  and  if  so the amount owed, (xii) any estimated tax penalty, and
    51  (xiii) any other penalties and interest.
    52    (B) Copies of all New York state  income  tax  returns  filed  to  the
    53  department  pursuant  to  this article on or after the effective date of
    54  this subsection, by the president of the United States, the vice  presi-
    55  dent of the United States, a United States senator representing New York
    56  state or a statewide elected official, provided however that the follow-

        A. 1390                             3
     1  ing  information  shall be redacted prior to such copies being posted on
     2  the department's website: (i) the  taxpayer's  social  security  number,
     3  (ii)  the  social security number of the taxpayer's spouse and any indi-
     4  viduals  claimed  as dependents on the returns, (iii) any account number
     5  reported on the returns, (iv) any taxpayer addresses on the returns, and
     6  (v) any additional information if the commissioner determines  that  the
     7  disclosure of such information will violate federal law.
     8    (C)  The  commissioner  shall make the postings required by this para-
     9  graph no later than the fifteenth day of the fifth month  following  the
    10  close of the taxable year, provided however that if the president of the
    11  United  States, the vice president of the United States, a United States
    12  senator representing New  York  or  a  statewide  elected  official  has
    13  obtained  an  extension  for  filing  a  return  pursuant to section six
    14  hundred fifty-seven of this article, such postings shall occur no  later
    15  than thirty days after the return is filed with the department.
    16    (D) Statements and returns posted on the department's website pursuant
    17  to this paragraph shall remain posted until such elected official leaves
    18  office.
    19    (3)  If  the commissioner redacts any information from a return posted
    20  pursuant to this subsection based on a determination that disclosure  of
    21  such  information  would violate federal law, the commissioner shall, at
    22  the time of posting such  redacted  return,  post  on  the  department's
    23  website  a description of the type of information that was redacted from
    24  the return and a detailed explanation  of  the  commissioner's  determi-
    25  nation  that disclosure of such information would constitute a violation
    26  of federal law.
    27    (4) For purposes of this subsection, "state income tax  return"  shall
    28  mean  any  tax  or  information return, declaration of estimated tax, or
    29  claim for refund required by, or provided for or  permitted  under,  the
    30  provisions of this article which is filed with the department or commis-
    31  sion  by, on behalf of, or with respect to any person, and any amendment
    32  or supplement thereto, including supporting schedules,  attachments,  or
    33  lists which are supplemental to, or part of, the return so filed.
    34    (5)  If  any  clause,  sentence,  paragraph or part of this subsection
    35  shall be adjudged by any court of competent jurisdiction to be  invalid,
    36  the judgment shall not affect, impair or invalidate the remainder there-
    37  of,  but  shall  be  confined  in its operation to the clause, sentence,
    38  paragraph or part of this subsection directly involved in the controver-
    39  sy in which the judgment shall have been rendered.
    40    § 2. This act shall take effect immediately.
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