2006 Rule reviews
Pursuant to section 207 of the State Administrative Procedure Act (SAPA) the Department of Taxation and Finance must review all regulations, with certain exceptions, adopted on or after January 1, 1997, after five years, and, thereafter, at five year intervals. In 2006, the Department must review regulations that were adopted during 2001 to determine whether these regulations should be retained as written or modified. Accordingly, the Department intends to review the following regulations during 2006, and invites written comments on the continuation or modification of these regulations in order to assist the Department in the required review. We will consider comments that are received by February 21, 2006. Any questions concerning the items listed in this rule review or comments regarding the continuation of the rules being reviewed should be referred to: Office of Counsel, Department of Taxation and Finance, W.A. Harriman Campus, Building 9, Room 200, Albany, New York 12227. Telephone: (518) 530-4153, Email address: tax.regulations@tax.ny.gov.
Agenda items
- 20 NYCRR Part 2402 (Taxpayer Record Retention Formats)
- 20 NYCRR Part 530 (Tax Rates)
- 20 NYCRR Section 528.12 (The flags of the United States of America and the State of New York)
20 NYCRR Part 2402 (Taxpayer Record Retention Formats)
20 NYCRR Part 2402 (Taxpayer Record Retention Formats) Filed May 22, 2001; published June 6, 2001; effective May 22, 2001, and applicable to the retention of taxpayer records on and after June 1, 2001 (emergency adoption). Filed July 24, 2001; published/effective August 8, 2001 (permanent adoption). Need: The Department's Procedural Regulations were amended to add a new Part 2402 to ensure timely compliance with the record retention and electronic record‑keeping provisions of the state Electronic Signatures and Records Act (State Technology Law, section 301 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (15 USCS, section 7001 et seq.). Part 2402 SEQ CHAPTER \h \r 1 provides for the voluntary use of electronic records by taxpayers and prescribes general standards applicable to the retention of electronic records that ensure that taxpayers who exercise this option are complying with their responsibilities under the Tax Law and under other applicable laws that are administered by the Commissioner. Conforming amendments were also made to SEQ CHAPTER \h \r 1 sections 39.1, 51.2(f), 54.2, 56.1, 61.3, 68.4(e), 75.5(c), 158.3, 158.4, 267.3, 413.4, 417.1, 417.2(e), 418.1, 483.1, 483.5, 533.2, 538.4, and 542.1 of the regulations. Part 2402 is currently being reviewed and updated to take in account statutory changes made by Chapter 437 of the Laws of 2004. Legal Basis: Tax Law section 171, subds. First and Fourteenth. (TAF-23-01-00043-A)
20 NYCRR Part 530 (Tax Rates)
20 NYCRR Part 530 (Tax Rates) Filed June 12, 2001; published June 27, 2001; effective December 1, 2001. Need: This regulation was amended to repeal the tax rates and bracket schedules which indicated the amount of sales tax to be collected for various amounts of sales prices and tax rates, and replace them with standard methodology for rounding the amount of sales tax to be collected to the nearest penny. Legal Basis: Tax Law sections 171, subd. First; 1132(b); 1142(1) and (8); and 1250 (not subdivided). (TAF-17-01-00002-A)
20 NYCRR Section 528.12 (The flags of the United States of America and the State of New York)
20 NYCRR Section 528.12 (The flags of the United States of America and the State of New York) Filed August 14, 2001; published August 29, 2001; effective September 1, 2001. Need: This regulation was amended to update the definition of the term "flag" and, accordingly, to exempt from State and local sales and use taxes flags that are made from materials in addition to cloth and those accessories that are used solely for the display of the flag and are sold with the flag for a single charge. Legal Basis: Tax Law sections 171, subd. First; 1142(1) and (8); and 1250 (not subdivided). (TAF-26-01-00017-A)