The MTA Payroll tax that started in 2009 has been deemed unconstitutional because it did not receive the required two-thirds vote from the legislature. It will be months before the appeals court decides the final outcome of this contentious tax. However, because NYS has a three year statute of limitations on filing an amended tax return, the first deadline to file a protective claim is November 2, 2012.
Fuller Lowenberg & Co., CPAs’ is awaiting direction from NYS as to how and when to file these protective claims. Geoff Gloak from NYS Department of Taxation and Finance was quoted in “Newsday” as saying “an easy process for taxpayers to file a protective claim for refund, which we expect to be available in early October, well before the first deadline.”
Rest assured we will be following this matter closely and are prepared to assist our clients in the filing process.