New NYS Legislation for Tax Preparers

[Uncle Sam]

NYS Legislation

For all of you to know if you already don't-
I'm BOTH a CPA and an EA - this law doesn't effect me because I'm a NY CPA.

But I do have sympathy for EAs

If you'll go to www.nyssea.org and click on Legislative News you'll get what information you're looking for regarding NYSSEA's actions on this issue.

[Jesse]

Jesse -

I know at times I'm kinda slow but the following, taken from the link you provided, is terribly unclear re the 2010 requirements (there is NO "New York State" mentioned in that area).

[/i]

FE,

I thought I was helping. Please accept my apologies I did not mean to imply anything. I obviously do not know anything about "New York State" mandates so I will kindly refrain from posting on this thread, but sit back and learn by observation. Again, I'm sorry if you took my post as an insult.

[FEDUKE404]

Absence of malice

FE,

I thought I was helping. Please accept my apologies I did not mean to imply anything. I obviously do not know anything about "New York State" mandates so I will kindly refrain from posting on this thread, but sit back and learn by observation. Again, I'm sorry if you took my post as an insult.

Jesse -

Good golly, I NEVER meant that! Your post was most helpful - you were just "the messenger."

My comment was merely addressing the poor writing of "the rules." As others have now noted, I believe the intent is for true NY tax returns, meaning I should be OK (for fees) until I hit NY tax return #11, which is extremely unlikely.

OTOH - I do see this whole thing as yet another $$$ grab by the NY folks.

Have a good one!

FE

[August @ ADG Financial]

Good Explaination of New Law.

The NATP has just posted a good breakdown of the new law. This can be found at:

https://www.natptax.com/2009nyseptnews.pdf

[OtisMozzetti]

commerce clause of U.S. constitution

I'm bummed because I prepared 11 NY returns last year, so they'll be looking for my $100. But, I expect to prepare no more than nine next season, because some of my clients stopped commuting to NY during 2008.

NY wants NY withholding from telecommuters who never set foot in the state but telecommute for a NY business. And, from the employees working in CT who might attend a meeting in NY with their company. And, don't get me started on partnerships having to pay NY tax on behalf of their non-resident partners. I think that one died out in NY, but now CT's mimicking it.

I think that it may probably take to long to work its way through the federal courts to do all of us any good, but the New York regulation gets to the point of unreasonable interference with interstate commerce. It unreasonably interferes with and burdens the commercial activities of tax preparers located in other states.

[abctax]

Nys

Excellent point, Otis.
Unfortunately, those that the $ 100 charge is a potential burden aren't likely to have the deep pockets to fight. And the ones that could afford to fight it.....$ 100 is probably chump change.
The potential for all states to take similar action is of concern to me. I have a small practice, but my clients move around the country a bit, and I do quite a few non-resident returns for various reasons, including K-1's with source income from other states.

[dsi]

And....how long will it take the rest of the states to follow suit?

[S T]

Calif for sure

I don't know about the other States, but I would suspect that Calif for sure is going to require an additional registration over the CTEC and probably registration fees, maybe based on number of returns that are completed and submitted.

Oregon already as well as (I think) Illinois, have certain provisions in place.

But then, lets also look at what the Feds are going to require! Good and Bad ! ?

Sandy

[dtlee]

Registration is here

You may want to rush over to the New York State website to beat the eager crowds who want to register and pay the fee to New York State. Your starting point probably should be here:

http://www.nystax.com/tp/tpreg.htm

If you are an individual preparer, they will send you here:

https://otc.nystax.gov/webapp/wcs/stores/servlet/IndividualEstablishIdentity?storeId=10151&catalogId=10001&langId=-1

If you have already created an online account, you probably should go here to log in:

https://otc.nystax.gov/webapp/wcs/stores/servlet/StoreCatalogDisplay?storeId=10151&catalogId=10001

This simple, straightforward process should be fairly simple if you are clairvoyant. In addition to setting yourself up as an "individual account" you need to add yourself as a client using "Add an individual client" under "Manage Clients."

Then you need to select yourself as a client using "Select a client" under "Manage Clients" and clicking on the "PERFORM WORK" button.

The link for actual registration would be under "Tax Preparer Registration" where there is a link labelled "Register myself as a tax preparer."

Good luck.

You will need your PTIN, your EFIN, and bank routing information for the payment. You probably also need their phone numbers: (518) 457-1929 (in-state callers without free long distance call 1 866 579-2503).