Some Amazing State Tax News
New York enrolled agents gain registration exempt status
. The New York State Society of Enrolled Agents celebrated a legislative victory this week as Governor David Paterson (D) signed A8556A which included the state registration exemption for enrolled agents. As previously reported in E-alert, a newsletter published by the National Association of Enrolled Agents, on July 16, 2010 a New York court ruled against NYSSEA's claim that enrolled agents should be included in the same exemption from state registration that attorneys and certified public accountants enjoyed.
Governor Paterson signed the legislation into law on July 30, 2010. Without the current exemption, enrolled agents would have been required to register and pay an annual fee to the New York Department of Taxation and Finance. With the new exemption, enrolled agents throughout the country are treated on par with certified public accountants and attorneys nationwide. Further, the law excludes anyone working for an EA, which will provide significant value over the years to EAs owning offices with multiple staff members.
The Department released a guidance memo explaining the amended definition of a tax return preparer that is required to register with the exemption of enrolled agents. While many people participated in this effort, New York's legislative chair David Silverman, EA and member Bill Stevenson, EA, USTCP, both long-time NYSSEA and NAEA members, are to be congratulated for their unwavering efforts and unwillingness to take 'no' for an answer. In addition, New York State Assemblyman Dave McDonough is owed a debt of gratitude for taking up our cause.
Washington, D.C., Maryland and Virginia Implement Tax Amnesty Programs. The District of Columbia announced a tax amnesty program for individuals and businesses that will run from August 2 through September 30, 2010. The District will waive all penalties and fees if a taxpayer pays all outstanding tax and interest during the amnesty period. Taxpayers are eligible if they have tax obligations from returns with a due date before December 31, 2009.
The amnesty does not apply to real property taxes or the ball park fee. The Office of Tax and Revenue is mailing notices to taxpayers having amnesty-eligible liabilities to advise them of the program. Taxpayers who did not file returns due before December 31, 2009 may complete and file those returns along with a DC amnesty application and full payment of taxes and interest due.
The Maryland and Virginia tax agencies are implementing brief amnesty programs. They will permit taxpayers to resolve delinquent state taxes with large reductions in penalties and interest. The Maryland amnesty period will run from September 1st to October 31st. Under the program, the Comptroller's Office will waive penalties and half the interest. This is a substantial concession, since Maryland's interest rate is a whop-ping 13%.
Taxes can be paid under the program with a lump sum, or through a monthly payment installment agreement. The specific dates for the Virginia amnesty have not yet been announced, but the legislation authorizes the Department of Taxation to offer amnesty for a period of 60 to 75 days sometime between July 2009 and June 2010. Like Maryland, it would also waive penalties and half the interest, and will cover all taxes through tax year 2007.
by: Jim Rizzolo
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