Discussion:Attention: NYS Tax Preparers
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| Revision as of 19:21, 5 October 2009 Blrgcpa (Talk | contribs) (Excellent articl) ← Previous diff |
Revision as of 21:04, 5 October 2009 Jake (Talk | contribs) (I don't think fi) Next diff → |
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| It's more than just paying a fee to the tax dept.}} | It's more than just paying a fee to the tax dept.}} | ||
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| + | {{ForumReplyPost|UserID=Jake|Date=5 October 2009|Text=I don't think filling in an estimated tax voucher is "preparing a return". Also - I don't have a different fee for those who make estimated payments vs those who do not so actually I am not charging for the estimated tax voucher fill-ins [non-paid preparer for those]}} | ||
Revision as of 21:04, 5 October 2009
Discussion Forum Index --> Basic Tax Questions --> Attention: NYS Tax Preparers
Discussion Forum Index --> Tax Questions --> Attention: NYS Tax Preparers
| 3 October 2009 | |
| NYS has just passed legislation that requires all tax preparers except CPAs PAs and Attorneys that are already licensed to register and pay a registration fee, even if you prepare ONE return. EAs are NOT exempted.
Here's the link: http://www.tax.state.ny.us/pdf/memos/multitax/m09_11c_9i_10m_3mctmt_4r_15s.pdf | |
Death&Taxes (talk|edits) said: | 3 October 2009 |
| And it would also seems to include attorneys, CPAs etc who are not licensed in NY, or at least that is how read it.
Well, now the States of NJ, CT, MA, PA etc will do same for those not licensed in their states. | |
| 3 October 2009 | |
| It appears that out-of-state preparers who prepare at least one NY state return will also have to register.
Any insight on whether the NYSSEA weighed in on this prior to passage? Or was this a pure surprise? | |
| 3 October 2009 | |
| (obviously, my price for doing any NY state return goes up immediately). It appears to be just a way to for the state to raise revenue. I see no competence testing or continuing education requirements. | |
| 3 October 2009 | |
| From the NYSSEA's web site, it appears they thought, in June, that they had won exemption from the registration requirement for EAs, but it doesn't seem to have come out that way in the end. http://www.nyssea.org/legislative_news.html | |
| 3 October 2009 | |
| D&T, when I read the 'definitions' I thought your comment was incorrect, but now I see that only CPAs and Attorneys (and their employees) licensed by the state of NY are exempt.
So I agree, as this document is written, non-NY CPAs and attorneys who prepare NY returns will also have to pony up. | |
| 3 October 2009 | |
| Katie is right - back in June it appeared that NYSEA's efforts as far as the NYS Assembly is concerned is correct.
However - the NYS Senate went into limbo at end of June for about a month due to 2 State Senators switching parties causing turmoil and not being able to convene - 2 Democrats turned Republican and made the Senate a stalemate of 30/30 in terms of party majority. Then the 2 idiots went back to being Democrat and returned to session. There wasn't any NYSSEA publicity to members about this, until it was too late. | |
| 3 October 2009 | |
| What about
In Sperry the U.S. Supreme Court clearly and unambiguously ruled that a state: “may not enforce licensing requirements which, though valid in the absence of federal regulation, give ‘the State’s licensing board a virtual power of review over the federal determination’ that a person or agency is qualified and entitled to perform certain functions, or which impose upon the performance of activity sanctioned by the federal license additional conditions not contemplated by Congress.” | |
| 3 October 2009 | |
| the weakness to the argument being that the NY law says nothing limiting about the preparation of Federal returns, only NY returns. | |
Death&Taxes (talk|edits) said: | 4 October 2009 |
| It won't be long before New Jersey brings back the Emergency Transportation Tax principle and seeks fees from professionals in other states. Old guys like me remember how NJ used to tax NY residents who work here before the imposition of our state income tax. While it was declared unconstitutional,
there's no reason why such fees can't be imposed on New York and Philadelphia practitioners preparing NJ income tax returns. I would feel even angrier about this if I were still living in NYS. Kevin hits the nail on the head: who cares about proficiency, just give us the money. | |
| 4 October 2009 | |
| It's not a bill any more. It was passed and signed into law prior to the NYS senate fiasco. It went into effect July 26, 2009.
Out of state tax and in state tax preparers must register with the tax dept. At the last minute NYS CPAs were exempted. We already pay fees to the state for our license. Employees of businesses must also be registered, not just the owner. There is no test or competency in the area of taxation. Because you are registered with the tax dept, doesn't mean that you know anything about the subject. You may be able to find the details on the NYSSCPA web sight. There were many other changes including the dates of CPE year. | |
| 4 October 2009 | |
| Commercial Tax Return Preparers - completed 10 or more returns last year and will complete at least 1 return this year, OR will complete 10 or more returns this year - are the only ones who pay the $100 fee. Those of us who only prepare half dozen, etc., must register but do not owe the fee. | |
| October 4, 2009 | |
| "Those of us who only prepare half dozen, etc., must register but do not owe the fee."
That is the position being taken on other boards also. But I see room for interpreting the new law to mean "If you prepare 10 or more returns in total, not just 10 or more NEW YORK returns (my emphasis added). Guess some interpretation and/or clarification is needed; might be nice if some of our dues collecting associations step up here and help a bit. For my practice - I have ONE New York return (a non-resident return, needed because of a K-1 with NY source income). I can't see adding $ 100 to that one bill; wouldn't be fair to the client! And not fair to me to just eat the cost....but may have to. | |
| 4 October 2009 | |
| Belle, you have been reading too much Harry Boscoe! I was starting to feel OK about that law. | |
| October 4, 2009 | |
| Sorry - didn't mean to ruin your Sunday :-)
I've read it several times & feel it is ambiguous - guess we need an attorney to interpret (Crow where are you?) Maybe I'll see if Harry will share his PBR's and just forget about the whole issue. Here's hoping you're right & I'm wrong. | |
| 4 October 2009 | |
| "Return means a return or report relating to a tax administered by the Tax Department."
Hopefully this means "New York" returns. | |
Oldeastsidr (talk|edits) said: | 5 October 2009 |
| Having dealt with the NYS tax department for many years, their thinking can sometimes "stretch" to the ridiculous. Okie -- you mentioned that you do maybe a half dozen returns and that a return means a return or report relating to a tax administered by the tax department. I agree that doing 6 returns means you have to register but there is no fee. Now, we "stretch" the interpretation a bit (as we know NY is happy to do in many instances). If you prepare quarterly NYS estimated tax vouchers for one client, you are now up to the ten required for the $100 fee. It seems that the new provisions are meant to encompass income tax returns, but the definition of "return" for purposes of the fee can be stretched to include sales tax returns, etc. Just my two cents to muddy up the waters a bit. | |
| 5 October 2009 | |
| Excellent article in the CPA Journal published by the NYSSCPAs. Sure you will find the info on their web site.
It's more than just paying a fee to the tax dept. | |
| 5 October 2009 | |
| I don't think filling in an estimated tax voucher is "preparing a return". Also - I don't have a different fee for those who make estimated payments vs those who do not so actually I am not charging for the estimated tax voucher fill-ins [non-paid preparer for those] | |
