- Program dates: Effective “immediately” through December 31, 2030
- Amnesty period: A liability for sales and use taxes that’s fixed and final on or before September 1, 2026
Part N of New York’s fiscal year 2027 budget bill tasks the New York Department of Taxation and Finance with establishing a vendor sales tax reregistration program and a corresponding sales and use tax penalty and interest discount program by December 31, 2030.
The budget bill requires the commissioner of taxation and finance to issue a notice of expiration to holders of current certificates of authority “to ensure the integrity and qualifications of registrants.” Such expiration notices shall be issued to holders at least 180 days prior to the date of expiration. Holders must then file with the commissioner a completed certificate of registration for a new certificate of authority at least 90 days prior to the current certificate’s expiration date.
Within 30 days of receipt of a certificate of registration for a new certificate of authority, the commissioner shall either:
- Issue, without charge, a new certificate of authority empowering the recipient to collect sales tax for a specified term of no less than three years; or
- Propose to refuse to issue a certificate of authority due to certain circumstances.
We bring this up here because the budget bill also requires the commissioner to administer a sales and use tax penalty and interest discount program for eligible taxpayers with eligible tax liabilities.
An eligible taxpayer is any person holding a current certificate of authority subject to the reregistration program who 1) has an eligible tax liability, and 2) meets the conditions of this section.
An eligible tax liability is a liability for sales and use taxes, including any related interest or penalties, that’s “fixed and final on or before September 1, 2026, such that the taxpayer no longer has any right to an administrative or judicial review.”
For an eligible taxpayer with an eligible tax liability, the discounted amount due under the sales and use tax penalty and interest discount program shall be the sales or use tax liability plus 50% of the interest accrued through December 31, 2026.
An eligible taxpayer that’s entered into an installment payment agreement related to an eligible tax liability may participate in the sales and use tax penalty and interest discount program provided they pay the discounted amount due under such program in full by December 31, 2026.
Why participate?
Participation in the vendor reregistration program will be mandatory for taxpayers that receive a vendor reregistration notice. The penalty and interest discount program is a bonus for eligible taxpayers with eligible tax liability.
The New York Department of Taxation and Finance is expected to provide additional guidance soon.