Magazine article The CPA Journal

New York State Amnesty Program

Magazine article The CPA Journal

New York State Amnesty Program

Article excerpt

In September 1, 1994, New York State began a limited three-month amnesty program aimed at specific taxpayers during particular years. Those who qualify must pay any taxes owed, plus interest, but will be protected from any related criminal prosecution or administrative penalty.

The income tax component applies only to nonresidents of New York who have failed to file any required income tax returns for tax years beginning on and after January 1, 1986, and ending before December 31, 1993. Thus, 1992 would be the last calendar year for which participants can file for amnesty. Excluded is anyone currently under criminal investigation, anyone who has already been contacted by the Tax Department, and anyone who participated in New York's 1985 General Amnesty Program.

Similarly, the business tax component applies only to out-of-state businesses that have been doing business in New York and who should have filed returns between 1986 and December 1, 1993. Thus, 1992 would be the last calendar year, and November 1993 the last month for which participants can file for amnesty. Once again, any business under criminal investigation or already contacted by the Tax Department is ineligible.

The use tax component of amnesty applies to resident individuals and smaller businesses, those with a New York payroll of less than a million dollars. The compensating use tax is the flip side of the sales tax and applies to any taxable goods or services that are brought into, shipped into, or used in New York. …

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