New York Residency and Audit Allocation Handbook

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9780808028598: New York Residency and Audit Allocation Handbook

Personal income tax audits are a fact of life in many states. However, both New York State and New York City are particularly aggressive in pursuing this source of income, focusing mainly on questions of residency and non-resident income allocation. These audits can often be tremendously burdensome, even for those filing correctly. In this new edition of the New York Residency and Allocation Audit Handbook, noted tax practitioners Paul Comeau, Tim Noonan and Mark Klein provide an in-depth and practical look at New York's residency and income allocation audit programs. They include detailed, yet easy-to-read, information drawn from the current tax law and from their own experiences. This helpful book guides the reader through both the residency and the non-resident allocation audit process, starting with detailed descriptions of the residency and non-residency allocation ""rules of the road"" through practical advice on what to do when audited, how the audit will progress and techniques to use to help reduce the risk of an audit and minimize the problems. The Handbook also details civil penalties and interest, and the risk of criminal prosecution. Finally, the book explores the tax relationships between New York and other states, including a residency tax guide that summarizes the residency rules and requirements of the remaining states. Helpful Appendices provide full text of the Non-resident Audit Guidelines, Non-resident Income Allocation Audit Guidelines, and the NESTOA Cooperative Agreement.

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About the Author:

Paul R. Comeau, Esq., is a partner in Hodgson, Russ, Andrews, Woods & Goodyear, LLP, a full-service law firm with offices in New York City, Buffalo, Albany, Boca Raton and Toronto. Mr. Comeau concentrates in state and local tax matters and heads the firm's State and Local Tax Practice Group. He is co-chair of the Multistate Tax Committee of the New York State Bar Association Tax Section, where he has also served as chair or co-chair of the New York Tax Matters Committee, the Interstate Taxation Committee, the Sales Tax Committee and the Tax Tribunal Subcommittee. He is admitted to practice in New York and Florida. He is a former member of the Tax Commissioner's Real Estate Gains Tax Advisory Group and is currently a member of the New York State Tax Commissioner's Taxpayer Advisory Council. Mr. Comeau's articles have appeared in virtually all national tax publications. He serves as co-editor of the 7,000-page New York Tax Service, published by CCH, and as co-editor of New York Tax Cases. He also co-authored Contesting New York State Tax Assessments and the New York chapter of the Sales and Use Tax Handbook published by the American Bar Association. He lectures frequently throughout the United States on tax topics of importance to business executives and high net worth individuals. He has spoken at meetings of the Committee On State Taxation, the Tax Executives Institute, the North Eastern States Tax Officials Association, the Securities Industry Association, the New York University Tax Program, the Georgetown Tax Program, the Chicago Tax Club, the New York State Society of Certified Public Accountants, the Foundation for Accounting Education, the National Association of Accountants, the New York State Bar Association and numerous other groups. He received his B.A. degree, cum laude, from the State University of New York at Buffalo in 1970, and was awarded his J.D. degree, magna cum laude, from the State University of New York at Buffalo School of Law in 1973. Mr. Comeau is listed in The Best Lawyers in America. Mark S. Klein, Esq., is a partner in Hodgson, Russ, Andrews, Woods & Goodyear, LLP, where his practice is concentrated in state and local tax law. He received his B.S. degree, summa cum laude, from the State University of New York at Buffalo and his J.D. degree, magna cum laude, from the State University of New York at Buffalo School of Law. He is the editor of New York Tax Highlights; co-author of Contesting New York Tax Assessments and the ABA Sales and Use Tax Desk Book; and former member, Board of Advisors, The Journal of New York Taxation. Mr. Klein is Chair of the State and Local Taxation Section of Accountants' Continuing Education (ACE) Accounting Society. He is also the author and editor of numerous articles and other publications and a featured lecturer for ACE, the Empire State Association of Public Accountants, the New York State Society of CPAs, and the Foundation for Accounting Education New York Tax Update Series where he is the primary instructor for the ""Review and Update for Experienced Practitioners: New York State Taxation"" series. He also has taught courses on New York State Taxation and on Tax Practice and Procedure at the State University of New York at Buffalo School of Management Tax Certificate Program. Mr. Klein is a member of the American Bar Association Tax Section; the Bar of the United States Supreme Court; the New York State Bar Association; the New York State Tax Matters Committee; the New York City Bar Association; the Florida Bar Association and the Erie County Bar Association where he chaired the Taxation Committee from 1989-93. He is also a member of the Tax Appeals Tribunal Advisory Panel. Mr. Klein is listed in Who's Who in American Law and The Best Lawyers in America

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