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NYS Voluntary Disclosure

  • 1.  NYS Voluntary Disclosure

    Platinum Most Valuable Member
    Posted 05-08-2019 19:03
    Hi Friends

    i have never availed myself of NYS Voluntary Disclosure. So i have very little knowledge of it .

    i just logged on to do NYS Monthly sales tax for a client and found that i never sent the prior month's return in. I prepared it timely, and the web shows this, but i never hit the send button.  It is a substantial amount of money.

    Is this something eligible for NYS voluntary disclosure ?
    Can someone describe the process and how it works?


    Abby Alhante
    Melville NY

  • 2.  RE: NYS Voluntary Disclosure

    Posted 05-08-2019 20:40
    I didn't think that it would be used for this purpose.  It's been used by us for clients who have not applied for the authority to collect sales tax and or should have collected and paid sales or use tax and didn't not for failure to file a prior months return.  That should receive an automatic interest, penalty and notice because that client already has the authority to collect sales tax.  You could try a first time penalty abatement or a situation such as you describe.

    Michael Goldfine
    New York NY

  • 3.  RE: NYS Voluntary Disclosure

    Bronze Most Valuable Member
    Posted 05-09-2019 06:41
    I agree with Michael that this is not a problem that voluntary disclosure was intended to remedy.  If you would like help trying to resolve this problem, give me a call.


    Brian Gordon CPA
    State Tax Audit Representation
    626 RXR Plaza
    Uniondale, NY 11556

  • 4.  RE: NYS Voluntary Disclosure

    Platinum Most Valuable Member
    Posted 05-09-2019 11:05

    I have had success submitting a voluntary disclosure request on a blown monthly sales tax return. You can submit the disclosure, however, do not file the return until you have the acceptance.

    There is a good possibility, if your client has a good payment history, they would abate the penalty anyway.

    Robert Brown
    Jericho NY

  • 5.  RE: NYS Voluntary Disclosure

    Bronze Most Valuable Member
    Posted 05-10-2019 09:26
    I have addressed voluntary disclosure and agree that it is applicable to failure to pay sales tax over an extended time period, not a one time error. The process of obtaining entry in the program is lengthy and detailed. I do not believe it is intended for your issue.  Send in the return and, when a penalty is assessed, argue it within normal channels for abatement.

    Ruth B. Kraft, Esq.
    Partner and Chair, Employment Law
    Vigorito, Barker, Patterson, Nichols & Porter, LLP
    300 Garden City Plaza
    Garden City, New York 11530

  • 6.  RE: NYS Voluntary Disclosure

    Platinum Most Valuable Member
    Posted 05-11-2019 00:51

    NYS voluntary disclosure unit declines that case.


    To all my friends who replied as well as those who were able to see the post, but not participate.


    The answer as I found, In speaking with the NYS Voluntary Disclosure unit, they unofficially declined.  I had not filed the paperwork, but rather just inquired. So it was not official.


    As expressed here, they suggested that they were intended for delinquent taxpayer who wished to be compliant.


    However, I am hopeful for an abatement of the penalty when finally assessed.


    Thanks to all





    Abby Alhante,  CPA


    Kurcias  & Alhante, LLC  CPAs

    525 Broadhollow Road   Suite 104

    Melville NY  11747

    516.829-5890  Fax 516-829-3976

    Mobile 516-381-9301

    ( E mail response preferred )