Laws of the State of New York

unpaid on or after such date, and to returns required to be filed (determined with regard to extensions) on or after such date;

(g) Sections fifty-four, fifty-seven, sixty-one, sixty-two, sixtyseven, seventy-two, ninety-one, ninety-four, ninety-eight and ninetynine of this act shall take effect on the ninetieth day after the date on which this act shall have become a law, and shall apply to returns required to be filed (determined with regard to extensions) on or after such date;

(h) Sections fifty-five, fifty-six, sixty-eight, sixty-nine, ninetytwo and ninety-three of this act shall take effect on the ninetieth day after the date on which this act shall have become a law, and shall apply to taxes required to be paid (determined with regard to extensions) on or after such date;

(i) Sections fifty-eight and ninety-five of this act shall take effect on the ninetieth day after the date on which this act shall have become a law, and shall apply to failures occurring on or after such date;

(j) Sections seventy-six and seventy-seven of this act shall take effect on the first day of the first quarterly period which begins on March first, June first, September first or December first subsequent to the forty-fifth day after this act shall have become a law;

(k) Section seventy-eight of this act shall take effect on the first day of the first quarterly period which begins on March first, June first, September first or December first subsequent to the forty-fifth day after the date on which this act shall have become a law, and shall apply to sales made on or after such date, and, with respect to the suspension or revocation of direct payment permits, shall shall apply to failures occurring on or after such date;

(1) Section seventy-nine of this act shall take effect on the first day of the first quarterly period which begins on March first, June first, September first or December first subsequent to the forty-fifth day after the date on which this act shall have become a law, and the addition of subparagraph (A) of paragraph four of subdivision (a) of section eleven hundred thirty-four of the tax law shall apply with respect to failures and acts taking place, and crimes committed, on or after such date; the addition of subparagraph (B) of such paragraph shall apply to certificates of registration filed on or after such date; and except that the addition of paragraph five of such subdivision shall take effect immediately;

(m) Section eighty-six of this act shall take effect on the first day of the first quarterly period which begins on March first, June first, September first or December first subsequent to the forty-fifth day after the date on which this act shall have become a law, and the amendments to subparagraph (i) of paragraph one and to paragraph two of subdivision (a) of section eleven hundred forty-five of the tax law shall apply to taxes required to be paid (determined with regard to extensions) and returns required to be filed (determined with regard to extensions) on or after such date, and the amendments to subparagraphs (ii) and (iii) of such paragraph shall apply to taxes which become due or remain unpaid on or after such date, and the amendments to subparagraph (vi) of paragraph one of such subdivision shall apply to returns required to be filed (determined with regard to extensions) on or after such date, and except that the amendments to paragraph seven of such subdivisión shall take effect immediately;

(n) Section eighty-eight of this act shall take effect on the first day of the first quarterly period which begins on March first, June first, September first or December first subsequent to the forty-fifth day after the date on which this act shall have become a law, and shall apply to returns required to be filed (determined with regard to extensions) on or after such date;

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

(o) Section eighty-nine of this act shall take effect on the ninetieth day after the date on which this act shall have become a law, except with respect to the provisions of subdivision three of section fourteen hundred forty-six of the tax law as deleted by this act and the addition of new provisions to subdivision three of such section; and provided that the provisions of new paragraph (b) of subdivision two of section fourteen hundred forty-six of such law shall apply to taxes which become due on or after such date;

(p) Section five of this act shall be applicable to all offenses committed on or after the date on which this act shall have become a law.

(q) Sections one hundred nine through one hundred fifty-nine shall take effect immediately and shall apply with respect to taxable years beginning after December thirty-first, nineteen hundred eighty-five; except that sections one hundred thirteen, one hundred twenty-four, one hundred twenty-seven and one hundred thirty-four of this act shall apply to any assessment under article sixteen of the tax law, or notices of deficiency under article twenty-two of the tax law or pursuant to a law or ordinance enacted under the authority of article two-D of the general city law or articles thirty and thirty-A of the tax law, which may be issued on or after the date this act shall become a law pursuant to the statutes of limitations under such articles on issuance of assessments or notices of deficiency, shall apply to pending hearings based on timely demands for hearings or timely petitions and shall apply to determinations or decisions of the state tax commission which have not become final, and paragraph four of subsection (d) of section six hundred eighty-five of the tax law, as added by section one hundred twenty of this act, and paragraph four of subdivision (d) of section T46-185.0 of the administrative code of the city of New York, as added by section one hundred forty-one of this act, shall apply with respect to underpayments for taxable years beginning in nineteen hundred eighty-four.

REPEAL NOTE. -The provisions of section five, section one hundred seventy-a, subdivisions two and three of section two hundred eightynine-b, section four hundred seventy-seven, section four hundred seventy-seven-a, subdivisions three and four of section four hundred eighty-one, section six hundred ninety-five, section one thousand ninety-five, subdivision (c) of section eleven hundred forty-three and subdivisions (b) and (d) of section eleven hundred forty-five of the tax law and section T46-195.0 of the administrative code of the city of New York, relating to criminal penalties, which are repealed by this act, have been incorporated in the provisions of article thirty-seven of the tax law enacted by section thirty-nine of this act. Sections six and seven contained in section twenty-five-m of the general city law, repealed by sections one hundred nine and one hundred ten of this act, sections six hundred fifty-five and six hundred fifty-six of the tax law, repealed by section one hundred sixteen of this act, section thirteen hundred eight of such law, repealed by section one hundred twentyfive of this act, section thirteen hundred twenty-eight of such law, repealed by section one hundred twenty-eight of this act, subsection (j) of section one contained in section thirteen hundred forty of such law, repealed by section one hundred thirty of this act, section six contained in section thirteen hundred forty of such law, repealed by section one hundred thirty-one of this act, sections T46-155.0 and T46156.0 of the administrative code of the city of New York, repealed by section one hundred thirty-seven of this act, sections U46-6.0 and U467.0 of such code, repealed by section one hundred forty-six of this act, section 92-87 of the codes and ordinances of the city of Yonkers, repealed by section one hundred fifty-two of this act, subsection (j) of section 92-98 of such codes and ordinances, repealed by section one hundred fifty-five of this act, and section 92-103 of such codes and ordinances, repealed by section one hundred fifty-six of this act, relate to requirements of declaration and payment of estimated tax. The provisions relating to declaration of estimated tax are repealed as obsolete. The provisions relating to payment of estimated tax which apply for purposes of the state income tax, the New York city earnings tax on nonresidents and the city of Yonkers income tax surcharge and earnings tax on nonresidents are incorporated in subsection (c) of section six hundred eightyfive of the tax law, as amended by section one hundred twenty of this act and such provisions which apply for purposes of the New York city personal income tax on residents are incorporated in subdivision (c) of section T46-185.0 of the administrative code of the city of New York, as amended by section one hundred forty-one of this act.

CHAPTER 66

ACT in relation to authorizing waiver of penalties with respect to payment of certain overdue tax liabilities and barring any civil, administrative or criminal action or proceeding relating thereto pursuant to an amnesty program of three months

Became a law April 17, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. (a) Notwithstanding the provisions of any other law to the contrary, the state tax commission shall establish a three month amnesty program to be effective during the fiscal year ending March thirtyfirst, nineteen hundred eighty-six, for all taxpayers owing any tax imposed by article nine-A, twelve-A, twenty-one, twenty-two, twenty-six, twenty-six-A, or twenty-eight of the tax law, or authorized by articlé twelve-A, twenty-nine, thirty, thirty-A or thirty-B of the tax law or article two-E of the general city law and administered by the state tax commission. Such amnesty program shall apply to tax liabilities for taxable periods ending or transactions or uses occurring prior to January first, nineteen hundred eighty-five. Amnesty tax return forms shall be in a form prescribed by such tax commission and shall provide for specifications by the taxpayer of the tax and the taxable period for which amnesty is being sought. The taxpayer must also provide such additional information as is required by such tax commission. Amnesty shall be granted only for the taxes and taxable periods specified by the taxpayer on such forms (hereinafter referred to as "designated taxes"). (b) Such amnesty program shall provide that upon written application by any taxpayer, and upon evidence of payment to the state of New York by such taxpayer of all designated taxes plus interest, such tax commission shall waive any penalties which may be applicable and no civil, administrative or criminal action or proceeding shall be brought against the taxpayer relating to the designated taxes plus interest. Failure to pay all designated taxes plus interest shall invalidate any amnesty granted pursuant to this act.

any

(c) Amnesty shall not be granted to any taxpayer who is a party to any criminal investigation being conducted by an agency of the state or political subdivision thereof or to any civil or criminal litigation which is pending on the date of the taxpayer's application in any court of this state or the United States for nonpayment, delinquency or fraud in relation to any of the designated taxes plus interest. A civil litigation shall not be deemed to be pending if the taxpayer withdraws from such litigation prior to the granting of amnesty.

(d) No refund or credit shall be granted of any penalty paid prior to the time the taxpayer makes a request for amnesty pursuant to subdivision (b) of this section.

(e) Unless such tax commission on its own motion redetermines the amount of designated taxes plus interest, no refund or credit shall be granted of any designated taxes plus interest paid under this program. (f) The state tax commission shall formulate such regulations as are necessary, issue forms and instructions and take any and all other actions necessary to implement the provisions of this act. The state tax commission shall publicize the amnesty program provided for herein so as to maximize public awareness of and participation in such program. (g) For purposes of this section, the term "taxpayer" shall mean any person subject to any tax set forth in subdivision (a) of this section or any person required to collect any such tax. Further, in the case of a corporation which, in designating its taxes plus interest, specifies the tax imposed under article nine-A of the tax law, the term "taxpayer" shall mean only those corporations which have five hundred or less employees in the United States on the date of the taxpayer's application. The term "penalty" shall not include the penalty imposed under subsection (g) of section six hundred eighty-five of the tax law.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

(h) For purposes of this section, the amnesty tax return forms and other documents filed by taxpayers shall be deemed to be reports and returns subject to and referred to in subsection (e) of section six hundred ninety-seven of the tax law.

§ 2. For purposes of accounting for the moneys and revenues received pursuant to this act, the state comptroller shall establish a separate and distinct five digit revenue object code, within the series of five digit revenue object codes reported as miscellaneous receipts, which shall be used by the department of taxation and finance and the state comptroller for reporting transactions pursuant to this act.

§ 3. This act shall take effect immediately.

CHAPTER 67

AN ACT to amend the private housing finance law, the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four and the real property tax law, in relation to establishing a low income housing trust fund and affordable home ownership development program and making appropriations therefor

Became a law April 17, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The private housing finance law is amended by adding two new sections forty-five-a and forty-five-b to read as follows:

§ 45-a. Housing trust fund corporation. 1. There is hereby established a public benefit corporation known as the "housing trust fund corporation" as a subsidiary corporation of the agency. 2. The agency may transfer to such subsidiary corporation any real, personal or mixed property in order to carry out the purposes of article eighteen of this chapter. Such subsidiary corporation shall have all the privileges, immunities, tax exemption and other exemptions of the agency to the extent the same are not inconsistent with this section.

3. The membership of such subsidiary corporation shall consist of the commissioner of housing and community renewal, who shall also serve as its chairperson, the chairman of the agency and one additional member to be appointed by the chairperson of the housing trust fund corporation who shall serve at the pleasure of such chairperson. The powers of the corporation shall be vested in and excercised by no less than two of the members thereof then in office. The corporation may delegate to one or more of its members, or its officers, agents and employees, such duties and powers as it may deem proper.

4. No officer or member of the corporation shall receive any additional compensation, either direct or indirect, other than reimbursement for actual and necessary expenses incurred in the performance of his duties, by reason of his serving as a member, director, or trustee of such subsidiary corporation.

5. The fiscal year of such subsidiary corporation shall begin with the first day of April of each year and end with the next following thirtyfirst day of March.

6. The corporation shall have the power to:

(a) Sue and be sued;

(b) Have a seal and alter the same at pleasure;

(c) Make and alter by-laws for its organization and internal management and make rules and regulations governing the use of its property and facilities;

(d) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter; (e) Acquire, hold and dispose of real or personal property for its corporate purposes;

So in original. (Word misspelled.)

(f) Engage the services of private consultants on a contract basis for rendering professional and technical assistance advice;

(8) Procure insurance against any loss in connection with its activities, properties and other assets, in such amount and from such insurers as it deems desirable; and

(h) Invest any funds of the corporation, or any other monies under its custody and control not required for immediate use or disbursement, the discretion of the corporation, in obligations of the state or the United States government or obligations the principal and interest of which are guaranteed by the state or the United States government, or in any other obligations in which the comptroller of the state is authorized to invest pursuant to section ninety-eight of the state

finance law.

7. The corporation may do any and all things necessary or convenient to carry out and exercise the powers given and granted by this section and article eighteen of this chapter including, but not limited to contracting with the commissioner of the division of housing and community renewal to administer any of the provisions of article eighteen of this chapter:

8. The division of housing and community renewal and all other state officers, departments, boards, divisions, commissions, public authorities and public benefit corporations may render such services to the corporation within their respective functions as may be requested by the corporation.

45-b. Affordable housing corporation. 1. There is hereby established a public benefit corporation known as the "affordable housing corporation" as a subsidiary corporation of the agency.

2. The agency may transfer to such subsidiary corporation any real, personal or mixed property in order to carry out the purposes of article nineteen of this chapter. Such subsidiary corporation shall have all the privileges, immunities, tax exemption and other exemptions of the agency to the extent the same are not inconsistent with this section.

3. The membership of such subsidiary corporation shall consist of the members of the agency, as may be constituted from time to time. The chairperson of the agency shall serve as chairperson of the corporation. The powers of the corporation shall be vested in and excercised by no less than four of the members thereof then in office. The corporation may delegate to one or more of its members, or its officers, agents and employees, such duties and powers as it may deem proper.

5. The fiscal year of such subsidiary corporation shall begin with the first day of April of each year and end with the next following thirtyfirst day of March.

6. The corporation shall have the power to:

(a) Sue and be sued;

(b) Have a seal and alter the same at pleasure;

(c)

Make and alter by-laws for its organization and internal management and make rules and regulations governing the use of its property and facilities;

(d) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(e) Acquire, hold and dispose of real or personal property for its corporate purposes; (f) Engage the services of private consultants on a contract basis for rendering professional and technical assistance advice;

(8) Procure insurance against any loss in connection with its activities, properties and other assets, in such amount and from such insurers as it deems desirable; and

(h) Invest any funds of the corporation, or any other monies under its custody and control not required for immediate use or disbursement, at the discretion of the corporation, in obligations of the state or the United States government or obligations the principal and interest of

So in original. (Word misspelled.)

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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Laws of the State of New York, Volume 2, Parts 54-392