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NY Form 8815: What You Should Know

This bill would repeal and replace section 220 of the tax code. There have been issues concerning the use of this statute by tax professionals who have claimed that filing frivolous claim to reduce the state income tax liability in New York is permitted under the legislature's legislation. There are some issues surrounding the tax law that prohibit tax professional from making claims where a person has no business or financial relationship and cannot establish the existence of such relationship. New York State law does not prohibit an employee of a tax professional organization from pursuing a tax return that was filed by a person who presents fraudulent claims of an individual claiming an identity theft victim; as such, section 220(e) of the tax code may be considered unenforceable by the tax professional. The legislation requires that this statute be given an affirmative effect in determining the liability of a person who presents false claims for money or property to the state or a local government or who makes a false tax return. The legislation further requires that this bill does not interfere with the rights of any person to engage in an audit of a person for filing fraudulent claims for money or property (such as a tax return) or making a false tax return. New York State has a provision that provides for an affirmative effect on the issue of frivolous claims for money or property. This bill would not have an affirmative effect on this issue. State Tax Department and Information About Form 8815 Exclusion of Interest From Series EE and I U.S.

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