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This just in on the New York State registration issue -
The NY State Society of Enrolled Agents sponsored a bill to recall the registration requirement (A09028) that passed in the Assembly.
A Senate version of the recall bill (S6117) was scheduled to go to the floor for a vote, but due to some political FU the bill was never acted on. It is doubtful that the NY Senate will meet again before the end of the year – so it may not be addressed until early 2010. NYSSEA reports that S6117 has the backing of the governor, the NYS Department of Taxation and Finance, the Chairman of the Senate Finance Committee and the Senate Majority Leader.
NYSSEA also has a lawsuit pending in the Supreme Court, New York County to have the registration law declared unconstitutional based on the U.S. Supreme Court Sperry case which mandates that no state can hinder a federal license granted by an Act of Congress.
The final legal brief is due to be served on the NYS Attorney General by October 16th. The next step is the oral argument before the judge. That might not take place until November with a decision hopefully sometime in December.
Of course the NYSSEA is, I expect, only interested in the fact that Enrolled Agents are not exempt from the registration and fee, as are CPAs and lawyers licensed to practice in the State of New York. I do not know if they are also interested in the non-resident issue.
Thanks to fellow tax blogger, and NYS EA, John Sheeley for keeping me abreast of new developments on the issue.
TAFN
This just in on the New York State registration issue -
The NY State Society of Enrolled Agents sponsored a bill to recall the registration requirement (A09028) that passed in the Assembly.
A Senate version of the recall bill (S6117) was scheduled to go to the floor for a vote, but due to some political FU the bill was never acted on. It is doubtful that the NY Senate will meet again before the end of the year – so it may not be addressed until early 2010. NYSSEA reports that S6117 has the backing of the governor, the NYS Department of Taxation and Finance, the Chairman of the Senate Finance Committee and the Senate Majority Leader.
NYSSEA also has a lawsuit pending in the Supreme Court, New York County to have the registration law declared unconstitutional based on the U.S. Supreme Court Sperry case which mandates that no state can hinder a federal license granted by an Act of Congress.
The final legal brief is due to be served on the NYS Attorney General by October 16th. The next step is the oral argument before the judge. That might not take place until November with a decision hopefully sometime in December.
Of course the NYSSEA is, I expect, only interested in the fact that Enrolled Agents are not exempt from the registration and fee, as are CPAs and lawyers licensed to practice in the State of New York. I do not know if they are also interested in the non-resident issue.
Thanks to fellow tax blogger, and NYS EA, John Sheeley for keeping me abreast of new developments on the issue.
TAFN


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