New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 1640

Executive Department

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9 NYCRR 1640-1.1 - Purpose

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This Subchapter is provided for the use of public housing agencies in the development and operation of New York State-aided projects, and has for its prime objectives the establishment of a uniform system of keeping the books of account, the furnishing of uniform financial reports and associated statements as required by the Public Housing Law and in the loan and subsidy contract, the furnishing of evidence of compliance with the provisions of the Public Housing Law of the State of New York, and the providing of a means for the effective control of development and operating funds of State-aided projects.

9 NYCRR 1640-1.2 - Arrangement of contents

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Basic instructions for setting up and operating the books of account and certain procedures, such as tenant accounting and payrolls, applicable to several or all phases of a local agency's activities are contained in Part 1642. Financing is similarly treated in Part 1643, debt service in Part 1644, and investments in Part 1645. Instructions and procedures more uniquely identified with the development period will be found in Part 1646 and those for use during the operating period in Part 1647. Subsidies are treated in Part 1648. The chart of accounts is set forth in Part 1641, followed by the account definitions. Terms referred to throughout this Subchapter are defined in this Part, which also contains matters for the general information and guidance of local agencies.

9 NYCRR 1640-1.3 - Accounting method

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The double-entry system of bookkeeping is prescribed, the accounts being kept on an accrual basis. This Subchapter is written for a manually operated system and the specimen forms are designed for such a system. However, the performance of certain operations by bookkeeping and accounting machines may be found advisable on account of the volume of work or for other reasons. In such cases, it will be necessary to modify the prescribed instructions and forms. The books of account, as prescribed, are those customarily maintained in accounting practice. In order to properly maintain the records, the person designated by the local agency to keep its books should be thoroughly familiar with general accounting practice and should be capable of performing the accounting prescribed. For the most part, the instructions and procedures incorporate the methods and practices followed by most local agencies at the present time. Changes from the existing accounting manual for public housing agencies, issued in 1949, have been made in the interests of clarification and simplification, to reflect changing conditions, amendments to the Public Housing Law, and to reduce the accounting burden on those local agencies operating under Federal, State and municipal aided programs.

9 NYCRR 1640-1.4 - Mandatory procedures

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Mandatory procedures are indicated by the word shall. Efforts have been made to limit mandatory procedures to those necessary to insure adequate control, or for the proper and uniform maintenance of accounts, or for the preparation of reports and financial data on a uniformly consistent and comparable basis, or to assure evidence of compliance with statutory requirements and the regulations of the Division of Housing. With respect to non-mandatory procedures, local agencies may adopt alternate methods to those recommended or described in this Subchapter provided the information requested or required is furnished in essentially the same form. However, the cost of performing any specific operation under a method other than that proposed in this Subchapter shall not exceed the cost of operation under the recommended plan.

9 NYCRR 1640-1.5 - Modifications

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The accounting procedures set forth in this Subchapter are designed to be as flexible as possible to fit a State-wide program participated in by local agencies, some of which represent extremes in size and organization. Under the circumstances, modifications of or supplements to this Subchapter will be inevitable and will follow from time to time. Until such modification or supplements are issued, however, it is requested that no deviation be made from the mandatory procedures prescribed without the prior written approval of the Division of Housing. With respect to non-mandatory procedures, modifications may be made by the local agency as described in section 1640-1.4, above. Refinements in this Subchapter can come only in the light of the experience gained in the application to the operations of the various local agencies. Comments and suggestions intended to clarify and simplify the material and procedures are solicited from the local agencies and others who have occasion to use or refer to this Subchapter in their work.

9 NYCRR 1640-1.6 - Assistance

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The Division of Housing is at all times desirous of extending any necessary assistance, and, if requested by the local agency, an auditor will be made available to assist in the opening of the books of account and to render such advice or assistance thereafter as may be required. It is the responsibility of the local agency, however, to engage personnel sufficiently well-trained in general accounting practice to operate a double-entry set of books. The division's assistance does not contemplate the keeping of the accounts for the local agency or instruction in elementary bookkeeping. Questions regarding the interpretation and application of the Subchapter provisions may be addressed at any time to the Division of Housing, Bureau of Finance, at 270 Broadway, New York 7, New York.

9 NYCRR 1640-1.7 - Introduction

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The terms used throughout this Subchapter are defined in this Part. The Part also contains matters of general information for the guidance of local agencies in connection with procedures, the fiscal year, bonding, reporting, budgeting, tax exemptions, regulations governing traveling expenses, ineligible expenditures, etc.

9 NYCRR 1640-1.8 - Manuals or bulletins of procedure

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Procedures to be employed by local agencies in connection with the application for State aid, acquisition of property, design and construction of the project, letting of contracts, financing, insurance, operation of the project, etc., are set forth in the Division of Housing manuals of procedure or bulletins*, as amended from time to time, which should be consulted for guidance.

9 NYCRR 1640-2.1 - Federal funds

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Section 75 of the Public Housing Law prohibits the mingling or commingling of State moneys (i.e. loans or subsidies) allocated to a local agency with financial aid or assistance from the Federal government or any agency thereof except, with the approval of the commissioner, in connection with the execution of contracts between a local agency and the Federal government for the carrying out of a Federal program of urban renewal and/or redevelopment.

9 NYCRR 1640-2.2 - Other funds

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The statutory requirement for the segregation of State moneys from Federal financial aid or assistance has been extended, by regulation of the commissioner and the terms of the various contracts for State aid, to require the segregation, both by project and by purpose, of all funds received or held by local agencies in connection with State-aided projects. The segregation, by project and by purpose, reflects the fact that funds advanced or to be advanced by the State, in the form of loans or subsidies, are earmarked for specific purposes and may not be used for other purposes. Such use would represent a mingling of funds, actual or constructive. This means, for example, that funds for the development or operation of a State-aided project must be set aside from all other funds and may not be used to pay development costs or operating expenses of another project. Similarly, with respect to a given State-aided project, funds representing revenues (rents and subsidies) of the project during the operating period must be segregated from funds received for the development of the project and may not be used to pay development costs, etc. The commissioner may, however, waive these requirements, and permit the mingling of funds (other than Federal funds) under certain circumstances. No mingling of funds, under any circumstances, shall, however, take place without the prior approval and authorization of the commissioner.

9 NYCRR 1640-3.1 - General

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All expenditures made by a local agency are subject to audit and review by the division before being admitted as charges to project revenue or to funds (in the form of loans or subsidies) advanced or to be advanced by the State. Expenditures not admitted are termed ineligible expenditures. Before incurring expenditures, local agencies should predetermine, as far as possible, their eligibility as development costs or operation expenses, in order to avoid the necessity of making adjustments at a later date.

9 NYCRR 1640-3.2 - Determination of eligibility

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(a)In determining the eligibility of expenditures, both the purpose for which the expenditure was made and the amount of the expenditure and the manner in which it was made, are examined. An expenditure may, thus, be declared ineligible even if it is for an authorized or approved purpose, if it is in excess of an approved amount, or has been made without the required approvals or authorizations on the part of either the local agency, or the division, or both. In certain cases, expenditures to be eligible, require the specific approval or authorization of the division, in others, the priorapproval or authorization of the division is required, and, in some cases, the approval or prior approval or authorization of the division of the commitment for the expenditure is required as well. The division's requirements with respect to approvals are contained in the manuals of procedure*.
(b)The more important standards used to test the eligibility of expenditures are here summarized for the information and guidance of local agencies. Details will be found, by subject, in other sections of this Subchapter.
(1)Direct connection. Expenditures may be declared ineligible because they are not an essential cost or expense directly connected with the development or operation of a specific project under the terms of the contract for State aid for that project.
(2)Statutory provisions. Expenditures may be declared ineligible because of the operation of specific provisions of the Public Housing Law. The more important of these provisions relate to the compensation of members of a local housing authority, administrative expenses of an authority, and tax exemptions. Applicable provisions of other statutes, such as the exemption from Federal income and excise taxes granted by the U.S. Internal Revenue Code, may also operate to render expenditures ineligible.
(3)Mingling of funds. Expenditures may be declared ineligible because they constitute a mingling of funds, as defined in Subpart 1640-2, supra.
(4)Rules and regulations. Expenditures may be declared ineligible for failure to comply with the rules and regulations of the division and various instructions and directives issued by the division, and having the effect of rules and regulations. Such rules, regulations, instructions and directives may specify the purpose for which the expenditure is made, limit the amount which may be expended, and prescribe the manner in which the expenditure may be made. The latter refers to procedures in connection with the letting of contracts, requirements for approval or prior approval, etc. In some cases, notably in connection with land acquisition, the requirements for approval reach beyond the expenditure itself to require prior approval or authorization by the division of the commitment for the expenditure.
(5)Contract for State aid. Expenditures may be declared ineligible for failure to comply with the terms of the contract for State aid. The contract for State aid incorporates, by reference, the application for financial assistance, and expenditures, to be eligible, must also comply with the terms of the application. In a contract for the advance of loan funds by the State, it is evident that the maximum amount of the loan operates as a limit on the total amount of eligible expenditures possible.
(6)Budgetary and extra-budgetary limitations. Expenditures in excess of amounts budgeted for the various eligible purposes may be declared ineligible. Expenditures for development purposes are controlled by a development cost budget which forms part of the application for financial assistance. Expenditures during the operating period, are, similarly, controlled by an operating budget submitted annually. Overruns of the amounts budgeted for the various eligible purposes may, however, be authorized by the division under certain conditions. The amount of the overrun which may be authorized for a particular item is limited by regulation of the division and there are some budget items for which no overruns will be authorized because of extra-budgetary limitations reflected in the contract for State aid, in the application for financial assistance, in instructions and directives of the division, in rulings of the commissioner, or in supplementary agreements between the division and the local agency. Land acquisition costs are a common example of the application of extra-budgetary limitations.
(7)Internal approvals and authorizations. Expenditures may be declared ineligible for failure to comply with the requirements for internal approval and authorization by the local agency. Certain requirements for internal approval and authorization may be set up by the division, as in the case of the requirement that all expenditures shall be properly vouchered; other requirements may be set up on the initiative of the local agency. A great deal, of course, depends on the size and organization of the local agency. Some expenditures may require only the approval of appropriate officers or employees of the local agency; others may require appropriate resolution of the governing and policy-making body of the local agency; still others may require authorization, by the appropriate body of the local agency, of the commitment to make the expenditures, as well.
(8)Examples of ineligible expenditures. Exhibit 9 of Appendix S-6 lists typical ineligible expenditures which will not be allowed as project costs or expenses. Revisions will be made from time to time, as the need may arise.

9 NYCRR 1640-3.3 - Reimbursement for ineligible expenditures

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Ordinarily, such adjustments for ineligible expenditures as are found necessary will result from a periodic audit of the local agency by the division's field auditors. The latter will cause to be transferred to account 1620, Ineligible Expenditures, items deemed to be ineligible, to be held in suspense pending review by the home office of the division. Upon such review, the local agency will be advised, by letter from the division, which expenditures are definitively declared ineligible. The local agency shall thereupon reimburse the appropriate funds, not later than the last day of the month in which the letter of ineligibility from the division is dated, for the expenditures declared ineligible therein. The division may, however, at any time declare an expenditure ineligible and direct that the appropriate funds be reimbursed. In this connection, local agencies are cautioned that the funds used to make the reimbursement must, of course, be other than the project revenue or funds advanced or to be advanced by the State. Financing and other problems raised by the declaration of expenditures as ineligible can be largely avoided, as previously indicated, by the local agency acting to predetermine the eligibility of expenditures, as far as possible.

9 NYCRR 1640-4.1 - General

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The term indeterminate expenditure refers to those expenditures made by a local agency with respect to a planned or proposed project prior to the date of the duly executed and approved contract for State aid for that project. This date has previously been defined as marking the beginning of the development period. Funds advanced or to be advanced by the State may not be used to meet indeterminate expenditures, and the local agency must look to other sources for its funds. Such other sources may, however, upon execution and approval of the contract for State aid and after audit, review, and approval of the expenditures by the division, be reimbursed, out of loan funds advanced or to be advanced by the State, for such expenditures as are approved by the division as being eligible charges to the development cost of the project.

9 NYCRR 1640-4.2 - Predetermination of eligibility

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The standards applied to the determination of the eligibility, as development costs, of indeterminate expenditures are much narrower than those applied to expenditures made subsequent to the date of the contract for State aid. Such expenditures are not only limited to certain classes, but the maximum amount which may be charged to development cost, whether or not the expenditures are otherwise eligible, may also be limited. Generally speaking, within the maximum limitation set by the division, only indeterminate expenditures directly connected with the preparation and submission of the application for financial assistance, or with a housing survey to establish the need for and scope of a project will be admitted as development costs eligible to be reimbursed out of loan funds advanced or to be advanced by the State. Generally speaking, salaries of an executive director or staff, office rent, and most other expenses or costs incurred by a local agency prior to the beginning of the development period will not be admitted. Local agencies are therefore advised to consult with the division before incurring indeterminate expenditures in order to predetermine, as far as possible, their eligibility and to avoid the necessity of making adjustments at a later date.

9 NYCRR 1640-4.3 - Records to be kept

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The obligation of the local agency to keep formal books of account with respect to a State-aided project becomes operative, technically speaking, only with the date of the contract for State aid. The local agency should, nevertheless, as a practical matter keep some formal records of expenditures made prior to that date, in order to support claims for their subsequent admission as eligible development costs and to facilitate the audit and review by the division. Such records may be in memorandum form, if the expenditures are being made on behalf of the local agency by some other agency, or they may be part of other accounting records of the local agency or they may be separate records, maintained on a cash basis, if the expenditures are being made by the local agency. Funds received by a local agency for indeterminate expenditures should be deposited in a bank account and disbursements made by check. All expenditures should be supported by vouchers or other evidence of authorization, in readily available form. Separate records, if maintained, should consist of, as a minimum, cash receipts and cash disbursements registers. If desired, a general ledger may also be set up. The use of the applicable general ledger accounts of the division's uniform system of accounts, in this event, is recommended, as follows:

(a)Account 1116, Local Funds.

This is a cash account recording the receipt and disbursement of funds for the indeterminate expenditures.

(b)Account 1610, Indeterminate Expenditures.

The indeterminate expenditures are charged to this account as made, to be held in suspense for audit, review, and approval by the division.

(c)Account 2119D, Sundry Accounts Payable.

This account is credited with the funds received by the local agency for the payment of indeterminate expenditures, if such funds represent a loan to the local agency.

(d)Account 2800, Capital Surplus.

This account is credited with the funds received by the local agency for the payment of indeterminate expenditures, if such funds represent a donation, gift, appropriation, or advance which, it is not expected or intended, that the local agency will be required to repay.

9 NYCRR 1640-4.4 - Reimbursement of advances

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As has been previously pointed out, the local agency must look to sources other than advances made or to be made by the State for funds to pay indeterminate expenditures. The local agency may use any funds it has available for the purpose. A common source is a loan or appropriation by the municipality. Upon audit, review, and written approval by the division, the local agency may use loan funds advanced or to be advanced by the State to reimburse itself or its creditors to the extent that the indeterminate expenditures, within the maximum limitation set in advance by the division, have been declared by the division to be eligible to be charged to development costs. Funds of other State-aided projects shall not be used to pay indeterminate expenditures of another project or to reimburse such expenditures. No reimbursement shall be made from loan funds advanced or to be advanced by the State for a specific project under a given contract for State aid until an auditor of the division has examined the expenditures and reported his findings to the division for ruling, and the local agency shall have received written approval of the division as to admitted development costs. Indeterminate expenditures which have been reimbursed out of funds advanced or to be advanced by the State without the prior written authorization or approval of the division will be declared ineligible. The accounting entries reflecting the division's letter of approval are described in Part 1646, Development Period Accounting. See also the definition of account 1610, Indeterminate Expenditures, in Part 1641.

9 NYCRR 1640-5.1 - Statutory provision

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Section 96 of the Public Housing Law states that no administrative expenses of an authority shall be paid from any State loan or subsidy or from the rental income of any State project. It follows that items of expenses of an authority deemed to be administrative expenses are ineligible to be charged to development costs or operating expenses of a State-aided project. The division will determine which items of expense constitute administrative expense of an authority. In such determination, a direct connection with the planning, construction, or management of a State-aided project will be an important, but not conclusive factor. In the absence of explicit rulings with respect to a given expense, an authority should consult with the division and secure a ruling before incurring that expense.

9 NYCRR 1640-5.2 - Inadmissible expenses

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Generally speaking, the following expenses [see also Exhibits 9 and 9-NYCHA of Appendix S-6] will be deemed administrative expenses within the prohibition of the statute:

(a)Salaries of executives and other personnel insofar as their time is not given to the planning, construction or management of a project.
(b)Expenses of investigations, surveys, studies or research as to housing conditions, vacancies, shortages, rents, income, etc., in a community if the same are not required in connection with the preparation of an application for a loan for a project or with the planning, construction or management of a project.
(c)Expenses of studies of local building and sanitary codes, tenement house laws and other codes and laws and the preparation of one or more new or amended codes or laws for the municipality and which are not required in connection with the planning and construction of one or more projects.
(d)Expenses involved in the study of pending or proposed legislation or of any action taken in connection therewith, which legislation does not affect the planning, construction or management of public housing projects.
(e)Expenses of programs of demolition, repair or alteration of substandard buildings not required in connection with the planning or execution of a project.
(f)The publication or dissemination of reports or information other than that required by the law or by rules and regulations of the commissioner or by contract, or which may be necessary or desirable for public use or information and to establish and maintain desirable public relations, all in relation to the planning, execution or management of a specific project.
(g)Expenses of litigation not connected with or affecting the planning, construction or operation of a project.
(h)The rehousing or relocation of tenants caused by conditions or events other than those relating to the planning and construction of a public housing project.
(i)The cost of office furniture in the main or central office of an authority needed in connection with the activities of an authority other than the planning and construction of a public housing project.
(j)Photographs of housing or other conditions in a municipality not necessary in connection with the planning, construction or management of a project.
(k)Travel and other expenses in connection with attendance at general meetings of housing, planning or other organizations, except with prior approval of the commissioner.
(l)The cost of subscriptions to periodicals and the purchase price of books and periodicals relating generally to housing, planning or other fields and not required specifically for the planning, construction or operation of a project.
(m)The expense of general project planning and site studies not applicable to the planning of a particular project.
(n)So much of the central office rent and miscellaneous expenses in connection with the maintenance and operation of a main or central office of an authority as is attributable to any or all of the activities hereinabove enumerated or to similar activities.

9 NYCRR 1640-5.3 - Admissible expenses

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Generally speaking, the following expenses, if incurred in connection with the planning, construction or operation of a State-aided project may be allowed, in whole or in part. In many cases, with respect to a given State-aided project, only part of the expense may be allowed either because some of the expense is deemed an administrative expense within the prohibition of the statute, or because some of the expense is attributable to the planning, construction or operation of other projects. In such events, a proration will be necessary. Admissible expenses are:

(a)Salaries and expenses in central or field offices in connection with planning, architectural, engineering, construction, accounting, legal and management services.
(b)Salaries of executive personnel who devote all or part of their time to projects.
(c)Employees retirement fund contributions.
(d)The cost of furniture and fixtures in the central or field office of an authority needed in connection with the planning, construction and management of a project.
(e)Supplies, stationery and printing.
(f)Telephone, telegraph and postage.
(g)Fidelity bond premiums.
(h)Travel—carfares, railroad fares and motor vehicle expense.
(i)Photographs insofar as they may be needed for applications or records in connection with a particular project.
(j)Expense of any surveys, if required in connection with the application or planning or execution of a project.
(k)Advertising in connection with bids for contracts, legal proceedings or financing.
(l)Project signs.
(m)Compensation of Division of Housing construction advisor, auditor, and assistants.
(n)Informational expenses.
(o)Rent.

9 NYCRR 1640-6.1 - Federal taxes

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(a)General.
(1)The U.S. Bureau of Internal Revenue, in opinions obtained by the division and various authorities, regards local housing authorities organized under the New York State Public Housing Law as agencies of the State of New York, and, as such, entitled to enjoy the same exemption from Federal taxes as the State itself and local political subdivisions of the State, such as municipalities. The actual application of the exemption provisions of the U.S. Internal Revenue Code with respect to the various Federal taxes, is somewhat technical. In some cases, the exemption of the local agency from the tax is automatic; in other cases, the local agency must take certain steps and follow certain procedures in order to establish its right to the exemption. A check list of the classes of Federal taxes with which a local agency may ordinarily be concerned follows. Each will be discussed, in turn, in the following subdivisions of this section.
(2)Check list of Federal taxes.
(i)Income taxes.
(ii)Employment taxes.
(iii)Stamp and transfer taxes on documents and other instruments.
(iv)Tax on safe deposit box rentals.
(v)Retailers' excise taxes.
(vi)Manufacturers' excise taxes.
(vii)Transportation and communication taxes.
(b)Income taxes.

Under subdivision (a) of section 115 of the Internal Revenue Code, the income of local agencies is exempt from Federal income taxes. The exemption is automatic and local agencies are not required to establish their exempt character with the Commissioner of Internal Revenue or file annual information returns as are organizations claiming exemption under section 501 of the code. The income of officers and employees of a local agency is, however, subject to income tax and local agencies must comply with the requirements of the Internal Revenue Code with respect to withholding the income tax on salaries and wages paid by them, the filing of returns in connection therewith, etc. Interest on obligations issued by a local agency, such as temporary loan notes, is exempt from income tax.

(c)Employment taxes.
(1)Federal unemployment insurance taxes. Local agencies are exempt from these taxes.
(2)Social security. Local authority employees who are not eligible to join a public retirement system may be covered by social security, effective October 1, 1953. Recent Federal legislation, ratified by State legislation in 1957, has been extended to employees who are members, or eligible to be members of a public retirement system. Participation is optional for a local authority. The coverage is also optional for those who are in the employment of the authority at the time the authority elects to be covered, but mandatory for those who become employees after the effective date of coverage. The coverage of a local authority differs from that of a private employer in two respects:
(i)The local authority files its periodic returns with and makes its remittances to the New York State Social Security Agency, Department of Audit and Control, Governor Alfred E. Smith State Office Building, Albany 1, New York. Private employers report and pay the tax direct to the Federal District Director of Internal Revenue.
(ii)The local authority is charged with its pro rata share of the State's annual cost of administering the social security's contribution fund. This charge is in addition to the employer's contribution matching the employee's deduction. Private employees do not pay this charge.

Full details as to procedure to be followed in applying for social security coverage, forms, instructions, resolutions, proposed agreements, etc., may be obtained from the New York State Social Security Agency, with whom the authority should correspond direct.

(3)Withholding taxes. Local agencies are subject to the provisions of the Internal Revenue Code requiring every employer making payment of wages to deduct and withhold income taxes upon such wages. Wages, as defined in the code, include the fair value of quarters furnished to employees by the employer except where such arrangements are made for the convenience of the employer. Local agencies should apply this test to apartments occupied by resident managers, superintendents or other employees. Ordinarily, the division will not approve the occupancy of apartments by local agency employers unless such occupancy is for the convenience of the local agency in operating the project. Wages for casual labor employed by a local agency would appear to be subject to withholding inasmuch as such labor would, ipso facto, be “in the course of the employer's trade or business”. To comply with the requirements of the code, local agencies should maintain the following records and make the following reports:
(i)Form W-4, Withholding Exemption Certificate. The local agency should obtain this certificate from every person in its employ.
(ii)Employee's individual payroll record. This record, which shows the wages paid and the amounts withheld for income taxes, on a current and cumulative basis, should be maintained for each employee. Stock forms are available for this purpose.
(iii)Form W-1, Quarterly Return of Withholdings. Employers are required to file returns with the District Director of Internal Revenue on form W-1 on or before the last day of the month following the close of each calendar quarter—that is on or before April 30, July 31, October 31 and January 31, accompanied by a remittance for the taxes withheld. The attention of local agencies is called to the fact that the regulations state that employers who withhold more than $100 during a month are under a “duty” to pay the amounts to an authorized depositary, such as a bank insured by the Federal Deposit Insurance Corporation, within 15 days after the close of the calendar month. In such event, the depositary receipts will be attached to form W-1.
(iv)Form W-2, Withholding Statement. The form shows the wages paid during the calendar year and the amount of tax withheld on such wages and must be furnished to each employee on or before January 31 of the succeeding year or not later than 30 days following the day on which the last payment of wages is made, if the employment is terminated during the year. One copy of form W-2, identified as form W-2a, is sent to the director with the last quarterly return (form W-1) for the year, the local agency retaining a copy (form W-2b) for its records.

With the exception of the individual payroll records, which is a stock form obtainable at most stationers, supplies of the above forms are obtained from the office of the District Director of Internal Revenue. The director will also furnish tables showing the rates of tax to be withheld. While it does not appear that employees of local agencies, who are not covered by social security, are required to obtain social security identification numbers, it is recommended that they do so. Applications may be obtained at the local post office. Local agencies, who have employees covered by social security are required to obtain employers' identification numbers.

(d)Stamp and transfer taxes.

Issue and transfer taxes, payable by means of adhesive stamps affixed to the related documents or instruments, do not apply to bonds, notes or other instruments issued by the United States, by any State, territory, the District of Columbia or any local subdivision of a State, territory, the District of Columbia or any local subdivision of a State. Temporary loan notes and certificates of indebtedness issued by a local agency (see Part 1643, Financing) are therefore exempt from stamp taxes upon issue or transfer thereof. Inasmuch as, in practice, excess local agency funds will ordinarily be invested in U.S. government obligations (see Part 1645, Investments), no stamp tax will be payable upon the acquisition or disposition of such investments by the local agency. Deeds conveying real estate by a local agency are subject to the stamp tax imposed upon the seller, by the Federal government at the rate of:

(1)No tax on the first $100.
(2)Fifty-five cents on the next $400.
(3)Fifty-five cents on each additional $500 or fraction.

In calculating the amount of stamps which must be affixed to a deed of conveyance, the tax is computed upon the full consideration for transfer less all encumbrances which rest on the property before the sale and are not removed by the sale. If, however, property is conveyed to a municipality as a gift or to “promote public welfare”, the conveyance is specifically exempt by the Revenue Act.

(e)Tax on safe deposit box rentals.

Section 4286 of the Internal Revenue Code imposes a tax of 10 per cent of the amount collected for the use of any safe deposit box. While the code itself is silent as to exemptions, local agencies would appear to be exempt from the tax inasmuch as, in the language of the code, the tax is imposed on “the person paying for the use of the safe deposit box”.

(f)Retailers' excise taxes.

The Internal Revenue Code imposes a tax, at the rate of 10 per cent of the retail sales price, on the following items:

(1)Jewelry, watches, clocks, binoculars.
(2)Furs and fur articles.
(3)Toilet preparations and cosmetics.
(4)Luggage—trunks, traveling bags, valises, suitcases, briefcases, wallets, billfolds, etc.

The tax is ordinarily shown on the retailers' or other supplier's invoice as a separate item. Local agencies are exempt from the Federal retailers' excise tax. To obtain the exemption, the local agency, at the time of the purchase of any of the articles subject to the tax, must supply an exemption certificate executed by a duly authorized officer to the retailer or other supplier. The exemption certificate is not furnished by the Bureau of Internal Revenue, but is prepared by the local agency and may be printed, mimeographed or typed on the back of the purchase order or on separate sheets attached to the purchase order or delivered separately. If it is impracticable to furnish a separate exemption certificate for each order, a certificate covering all orders between given dates (the period not to exceed one month) will be acceptable. A specimen exemption certificate is shown as Exhibit 1 of Appendix S-6.

(g)Manufacturers' excise tax.
(1)The Internal Revenue Code imposes excise taxes of varying amounts on manufacturers' sales of an extensive variety of articles. These taxes are paid by the manufacturer at the time of the manufacturers' sale and are, in many cases, based on the manufacturers' sales price. Local agencies are exempt from payment of manufacturers' excise taxes. To obtain the exemption, local agencies at or prior to the time of sale, should advise the seller of the tax exempt character of the sale and must furnish him with an exemption certificate, executed by a duly authorized officer of the agency. If the sale is from a merchant or dealer, the certificate will be delivered, in turn, to the manufacturer and will enable him to obtain a refund of the tax he has paid. The exemption certificates are not supplied by the Bureau of Internal Revenue but are prepared by the local agency and may be printed, mimeographed or typed on the back of the purchase order or delivered separately. A specimen exemption certificate is shown as Exhibit 2 of Appendix S-6. If it is impracticable to furnish a separate exemption certificate for each order, a certificate covering all orders between given dates (the period not to exceed one month) will be acceptable.
(2)Quotations of prices on articles subject to manufacturers' excise taxes will not ordinarily show the excise tax as a separate item, as both manufacturers and dealers are understandably reluctant to disclose manufacturers' sales prices to the general public. Local agencies should, however, require invoices to show the manufacturer's price as well as the dealer's so that it can be clearly established that the local agency is not receiving an exemption from the tax but also that the exemption is for the full amount of the tax. A list of articles subject to manufacturers' excise taxes and the rates of tax follow:
Tires, made wholly or in part of rubber, natural or synthetic, and purchased for replacement. The tax is based on total weight of metal rims or rim bases and does not apply to tires furnished as part of the original equipment of autos, trucks, tractors etc.8 cents per pound
Inner Tubes, made wholly or in part of rubber, natural or synthetic, and purchased for replacement. The tax does not apply to tubes furnished as part of the original equipment of autos, trucks, tractors etc.9 cents per pound
Trucks and Buses10 per cent of manufacturer's sales price
Passenger Automobiles7 per cent of manufacturer's sales price
Automobile Parts and Accessories5 per cent of manufacturer's sales price
Tires, inner tubes and automobile radios are not included in this classification, being taxed at other rates. The tax is on parts and accessories sold separately.
Radios, Phonographs, Records, Musical Instruments and Radio and Phonograph Parts such as Tubes10 per cent of manufacturer's sales price
Mechanical Refrigerators—Household Type5 per cent of manufacturer's sales price
Air Conditioning Units10 per cent of manufacturer's sales price
Electric, Gas and Oil Appliances5 per cent of manufacturer's sales price
The tax applies to the following appliances: electric fans and air circulators; electric, gas, or oil water heaters; electric flat irons, electric air heaters (not including furnaces); electric immersion heaters; electric heating pads and blankets; electric, gas, or oil appliances of the type used for cooking, warming or keeping food or beverages for consumption on the premises; electric mixers, whippers and juicers.
Photographic Apparatus10 per cent of manufacturer's sales price
Cameras, enlargers, developing apparatus and accessories.
Unexposed film, plates, and sensitized paper.10 per cent of manufacturer's sales price
Projectors (Motion or Still) — Household5 per cent of manufacturer's sales price
Business and Store Machines10 per cent of manufacturer's sales price
The tax applies to the following machines: adding, addressing, autographic register, book proof, billing, bookkeeping, calculating, card punching, cash registers (except the type used in registering over-the-counter retail sales), change-making, check-writing, check-signing, check-cancelling, check-perforating, check-cutting, check-dating, other check protector devices, computing machines, coin counter, dictographs, dictating, duplicating, embossing, envelope opening, erasing, folding, fanfold, fare register, fare boxes, listing, line-a-time, mailing, multigraphing, multigraph type-setting, multigraph type-justifying, numbering, portable paper-fastening, payroll, pencil sharpeners, postal permit mailing, punch card, sorting, stencil cutting, shorthand writing, sealing, tabulating ticket counting, ticket counting, ticket issuing, typewriters transcribing, time recording devices.
Electric Light Bulbs and Tubes10 per cent of manufacturer's sales price
Firearms, Shells and Cartridges11 per cent of manufacturer's sales price
Matches, except fancy wooden or decorated2 cents per thousand
Matches, fancy wooden or decorated5 ½ cents per thousand
Gasoline and Diesel Fuel3 cents per gallon
Lubricating Oils, but not including grease6 cents per gallon
(h)Transportation and communication taxes. (1) Tax on telegraph, telephone, radio, and cable facilities. Local agencies are exempt from Federal taxes on telephone and telegraph including radiotelephone and cable services, as follows:
Long distance telephone or radiotelephone message or conversation for which the charge for each message is more than 24 cents.10 per cent
Telegraph, cable or radio dispatches or messages
(i) Domestic10 per cent
(ii) International10 per cent
Leased wire, teletype or talking circuit special service10 per cent
Wire and equipment service, including burglar or fire alarm service8 per cent
Local telephone service10 per cent

No exemption certificate is necessary when payment for these services is made directly to the companies furnishing same. The local authority need only indicate on the invoice or contract that it is a political subdivision of the State and entitled to the exemption.

(2)Tax on transportation of persons.

The Internal Revenue Code imposes a tax of 10 per cent on the amount paid for the transportation of persons by rail, motor vehicle, water, or air. The tax does not apply to fares which do not exceed 35 cents. Members of a local agency and officers or employees thereof are exempt from this tax when traveling on official business in connection with the affairs of the local agency. To obtain exemption from this tax, an exemption certificate should be presented to the carrier at the time the ticket is purchased. The exemption certificate is on Treasury Department form AC856, copies of which may be obtained from the District Director of Internal Revenue, travel agencies and ticket agencies. Form AC856 is shown as Exhibit 3 of Appendix S-6.

(3)Tax on transportation of property.

The Internal Revenue Code imposes a tax of three per cent upon the amount paid for the transportation of property, other than coal, by rail, motor vehicle, water, or air. The tax on the transportation of coal is at the rate of four cents per short ton of 2000 pounds. Local agencies are exempt from this tax, which is ordinarily shown as an addition to the other charges. However, to obtain the benefits of the exemption, the shipping papers must clearly show that the shipment is consigned to the local agency, as the exemption does not apply to shipments consigned to a dealer or distributor, even though such dealer or distributor subsequently sells or delivers the shipment to a local agency. Where the purchase is made through a dealer or distributor, local agencies may obtain the exemption by instructing the dealer to have the shipment consigned to the local agency or to the local agency in care of the dealer. The carrier is authorized to accept shipping papers on which the consignor or consignee is a local authority as proof that the shipment is exempt from tax. No exemption certificate is required. The effect of such instructions is to transfer title with the attendant risks and liabilities, to the local agency, rather than to the dealer. Local agencies should give some consideration to this factor before issuing such instructions.

(i)Refunds of Federal taxes.

The payment of Federal taxes improperly made by local agencies will be regarded as an ineligible expenditure by the division. Procedure in applying for refunds of Federal taxes varies with the particular tax. Generally speaking, the Director of Internal Revenue will consider a claim for refund only from the person who has actually paid the tax to him and filed the return for the tax in question. For example, claims for refund of manufacturers' excise taxes must be made by the manufacturer, the local agency merely furnishing the manufacturer with the exemption certificate and, if required, other supporting evidence. Claims for refunds of Federal taxes paid by the local agency directly to the Director of Internal Revenue are filed with the director to whom the tax was paid on Treasury Department form 843 and should be made before the time within which such claims may be legally filed expires. Supplies of these forms may be obtained from the office of the local Director of Internal Revenue.

9 NYCRR 1640-6.2 - State taxes

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(a)General.

Subdivision 1 of section 52 of the Public Housing Law, as amended, states that “an authority shall be exempt from the payment of (a) any taxes or fees to the state or any subdivision thereof and (b) any fees to any officer or employee of the State or any subdivision thereof, except where it is provided by or pursuant to law that such officer or employee is personally entitled to such fees as compensation for services rendered or performed by him in his official capacity.” With the exception of the State tax on gasoline (see subdivision [c] of this section), the exemption appears to be automatic and neither the statute nor the regulations prescribe procedures for local agencies to follow with respect to the exemptions.

(b)Fees to salaried and non-salaried officials.

Certain officials of the State or its subdivisions, such as city marshals, do not draw salaries from the State or subdivision, but depend on fees, as fixed by statute, for their compensation. Local agencies are not exempt from the payment of fees to such officials. Other officials of the State or its subdivisions, such as sheriffs, are salaried officials in some localities and are non-salaried officials, depending on fees fixed by statute for their compensation, in other localities. Salaried officials are not, ordinarily, personally entitled by law to the fees and the local agency is therefore exempt from the payment of fees to such officials. The local agency should establish the status of the officials it deals with and should pay fees only to such employees of the State or its subdivisions as are personally entitled by law to the fees as compensation for services rendered or performed by them. An opinion of the State Attorney-General holds that it is proper for a local agency to pay a sheriff for “unpredictable disbursements which may arise, such as labor employed to make an eviction” even though the local agency would otherwise be exempt from the payment of fees to such official. The “unpredictable” in this opinion refers to the total amount of the charge to be made for the services to be rendered or performed.

(c)State gasoline tax.

To obtain the exemption from the State gasoline tax of four cents per gallon, local agencies must furnish their suppliers with an exemption certificate at the end of each month. The exemption certificate is not supplied by State, but is made out by the local agency, preferably on its letterhead. A specimen exemption certificate is shown as Exhibit 4 of Appendix S-6. This certificate must be typewritten or prepared by using ink or indelible pencil. Changes or erasures may void the certification.

(d)Motor vehicle license plates.

Local agencies must register their motor vehicles and secure license plates the same as any other user of public streets and roads. The local agency is however, exempt from the payment of any fees in connection with the registration of motor vehicles owned or operated by the local authority under subdivision 1 of section 52 of the Public Housing Law. The Bureau of Motor Vehicles* should stamp the registration “exempt” so that license plates may be issued to the local authority without charge.

9 NYCRR 1640-6.3 - Local taxes

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(a)Local taxes, other than taxes on real property.

Subdivision 1 of section 52 of the Public Housing Law exempts a local agency from the payment of the taxes or fees to any subdivision of the State or to any officer or employee thereof, except where such officer or employee is personally entitled by law to such fees as compensation for services rendered or performed by him in his official capacity. Subdivisions of the State include counties, cities, villages, towns, and special districts, as well as departments and agencies of the State itself. Property of a local agency is, however, only partly tax exempt, as explained in subdivision (b) of this section. As with State taxes, the exemption from local taxes appears to be automatic and the law does not prescribe any particular procedure to be followed by a local agency in connection with such exemption. Members, officers, and employees of a local agency traveling on official business in connection with the affairs of the local agency are exempt from payment of the New York City tax on occupancy of hotel rooms. To obtain the exemption, a separate exemption certificate for each occupancy and for each person registered is furnished to the hotel, upon registering. A specimen exemption certificate is shown as Exhibit 5 of Appendix S-6. Copies may be obtained from the Comptroller of the City of New York, 50 Pine Street, New York, New York or they may be prepared by the local agency on its own stationery.

(b)Local taxes on real property.
(1)The property of a local agency included in a project, while subject to State, county, city or village, town, school, and special district taxes, enjoys a partial exemption from such taxes. Taxes on real property are based on assessed valuations. Subdivision 4 of section 52 of the Public Housing Law states that the property included in a project may not, in any event, be assessed at an amount in excess of the actual cost of the project (meaning development cost, to date) and further exempts from taxation that portion of the assessed valuation as represents an increase over the assessed valuation of the real property, both land and improvements, and still retained as of the date of the contract for State aid. The value of the tax exemption, determined by applying the current rate of tax to the portion of the assessed valuation exempt from tax, may be applied by a municipality as a credit against the periodic local subsidy which the municipality is required to make to match the State subsidy, in accordance with section 73 of the Public Housing Law. For the purpose of computing the value of the tax exemption subsidy for the first year of project operations, however, project development cost may, under certain circumstances, be substituted for current assessed valuation. It should be noted that only the assessed valuation as of the date of the contract for State aid is frozen by the statute. The tax rate, and hence the actual amount of taxes the local agency will pay and, likewise, the value of the tax exemption, may vary from year to year. In some localities, situations may arise where the property of the local agency is subject to taxation by several local bodies, such as a county and a town, each setting its own assessed valuation, independently of the others. In such event, subdivision 4 of section 52 applies to each such assessed valuation. Where a contract for State aid has been amended, the date of the original contract governs with respect to the assessed valuations of those properties authorized to be acquired under the original contract, whether or not all such properties were acquired before the contract was amended. For properties acquired under an amendment to an original contract and not authorized to be acquired under the original contract, the assessed valuation as of the date of the amended contract shall govern. Street beds do not have assessed valuation and such closed streets as are included in a project and ceded to the local agency will not enter the base upon which taxes are paid and the value of the tax exemption credit is computed. However, the assessed valuation of land ceded by a local agency for new streets, street widening, parks, playgrounds and similar purposes should be deducted so that the local agency pays taxes and computes the value of the tax exemption only on the assessed valuation as of the date of the contract for State aid of the retained land and improvements. Reference should be had to the application for financial assistance and to the contract for State aid for possible limitations on the period of time within which the ceding of land for new streets, etc., must take place. Local agencies must pay taxes on such land while it holds it, even though the land will eventually be ceded. Local agencies must also pay taxes on land acquired for it in the course of condemnation proceedings by a municipality acting as its agent in the interim period between acquisition by the municipality and its transfer to the local agency. Where a local agency has cleared all or part of the land included in a project and finds new construction is impracticable, a municipality was authorized, until July 1, 1953, to reduce the assessment to the assessed valuation of the land as of the date of the contract for State aid plus the value of any improvements remaining thereon until such time as new construction is practicable. In this connection, local agencies should take whatever steps are necessary and pursue whatever remedies are available to them, as taxpayers, to secured reductions in assessed valuations on account of demolition.
(2)The application for financial assistance identifies the parcels of real property to be acquired for project both in the text and in an exhibit. The Public Housing Law, section 52(4), establishes the taxable assessed value of the project site for the life of the project. The loan and subsidy contract provides that within 10 days after its execution, the assessor shall compile and certify to the authority and the division a list of each parcel included in the project site and the assessed value thereof as of the date of the loan and subsidy contract. This list should be requested by the authority at the time of delivery of an executed copy of the loan and subsidy contract to the municipality. A copy of the request made by the authority shall be sent to the division. Where a partial taking of a tax parcel is planned, the assessors estimated assessed value of the land to be acquired shall be obtained in the same manner as hereinabove provided.
(3)Each tax year after the execution of the loan and subsidy contract, during the life of the project, a qualified representative of the authority shall immediately upon publication of the annual tentative assessment roll as provided in the applicable provisions of the Real Property Tax Law review said roll to determine whether there has been compliance by the assessor with the mandate in the Public Housing Law, section 52(4), regarding the taxable assessed values of the real property included in the project site. The procedures to correct the taxable assessed value of real property included in the project site as outlined in the applicable provisions of the Real Property Tax Law shall be immediately taken within the statutory period when a mistake, error, discrepancy or miscalculation is revealed by a review of the tax roll. The statutory period for inspection of the tax rolls is usually three weeks after the tentative tax assessment rolls are open for inspection. Authority counsel will be advised of the mistake, error, discrepancy or miscalculation within two days after its discovery and a copy of such notice sent to the division. The protest to be made in such event is provided for in the Real Property Tax law, section 512. Authority counsel will draw and file such protest with the assessor of the protest, a proceeding shall be instituted as provided in the Real Property Tax Law, article 7, by authority counsel and a copy of the denial and the proceeding shall be forwarded to the division.
(4)The tentative tax assessment rolls are usually open for inspection.
(i)In New York City, February 1st.
(ii)Outside New York City, cities and towns, June 1st.
(iii)Villages, February 1st or such other date as the village may adopt pursuant to Village Law, section 5510.

9 NYCRR 1640-7.1 - Fiscal year

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The fiscal year for State-aided projects shall be from April 1st to March 31st.

9 NYCRR 1640-7.2 - Financial reports

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Local agencies shall submit financial reports to the Division of Housing, 270 Broadway, New York 7, NY as follows:

(a)Development period.

A system of monthly and quarterly financial reports is prescribed during the development period. Reports are required to be submitted within 15 days after the end of the respective calendar month or calendar quarter. The first monthly report shall be made as of the end of the month in which the first advance of loan funds, whether by State or sources other than the State, has been made. The first quarterly report shall, similarly, be made as of the end of the calendar quarter in which the first advance of loan funds has been made. The requirement to submit monthly reports shall cease when the project has been declared substantially completed, unless the division shall request the local agency to continue to submit monthly reports beyond the date of substantial completion. For detailed instructions with respect to the preparation of financial reports during the development period, see Subpart 1646-7.

(b)Operating period.

Quarterly reports are required to be submitted during the operating period within 15 days after the close of each calendar quarter included in that period. Monthly reports are required to be submitted only if specifically requested by the division. For detailed instructions with respect to the preparation of financial reports during the operating period, see Subpart 1647-8.

9 NYCRR 1640-7.3 - Annual reports and information returns

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(a)Division of Housing.

In addition to the monthly and quarterly financial reports, local agencies may be required to submit to the division, within 15 days after the close of the fiscal year, annual statements giving information of a statistical and historical nature, as well as financial information. Such annual statements shall be in such form as the division, by separate instructions, shall prescribe.

(b)U. S. annual information returns.

The local housing authority must file by February 28 of each year, form 1099, U.S. Information Return for the Calendar Year, with the Commissioner of Internal Revenue, Processing Branch, Kansas City, Missouri, for each person to whom a payment for salaries, wages, fees, commissions, compensation for personal service, and any other fixed income totaling $600 or more. The local agency need not file form 1099 in the following cases: (1) wages were reported on form W-2; (2) payments of any type to a corporation. Form 1099 and form 1096 (summary of forms 1099 filed) may be obtained from the District Director of Internal Revenue.

(c)State of New York information returns.

The New York State Income Tax Law and regulations [see 20 NYCRR Chapter II] provide for the filing of information returns of payments of taxable income to residents of New York State.

(1)Form 105, Report of Information at Source For the Calendar Year, must be filed to report payments to a resident individual of fixed and determinable compensation and any other taxable income made during the taxable year of:
(i)$1,100 or more, if such individual is unmarried, or if married, is not living with his or her spouse; or
(ii)$2,750 if married and living with his or her spouse.
(2)Returns of information are not required of the following classes of payments:
(i)Bills paid for merchandise, telegrams, telephone, freight, storage and similar charges.
(ii)Fees for professional services, except retainers on an annual or periodical basis.
(iii)Payments to corporations, partnerships and fiduciaries.
(3)Form 105 and 106 (Transmittal of Reports of Information, form 105) may be obtained from the New York State Tax Commission, Income Tax Bureau, Albany 1, New York.
(4)Payments of compensation in the amount of $1000 or more to non-residents for services performed within New York State are to be reported on forms 102 and 103.

9 NYCRR 1640-8.1 - Adoption of New York State Employees Retirement System

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Local agencies may secure retirement benefits for their employees by adopting the New York State Employees Retirement System, pursuant to sections 55 and 56 of the State Civil Service Law. A municipality may adopt the system by filing a certified copy of an appropriate resolution approved by the local legislative body, with the State Comptroller. A local housing authority may adopt the system by passage of an appropriate resolution, a certified copy of which is filed with the Comptroller, but the acceptance of the employees of the authority for membership in the system is optional with the State Comptroller. Full information as to the adoption and operation of the system, payroll procedures, rates of contribution, etc., may be had by writing to the State Comptroller, Albany, New York. The general comments which follow are intended to be informative, rather than exhaustive, and are based on information supplied by the Comptroller:

(a)The election to adopt the New York State Employees Retirement System is optional with the local agency. The election, once made, is, however, irrevocable.
(b)On adoption of the system, all persons employed as of the date of adoption will have the opportunity to elect whether or not to become members of the system. After adoption, all new employees who are in the competitive or noncompetitive class of the classified Civil Service must become members of the system as of date of appointment. For others, membership is optional.
(c)Persons employed as of the date of adoption of the system who elect to become members within the first year after adoption must, by law, receive credit for service rendered prior to the date of adoption. The credit for prior service represents a charge to the local agency but is free to the employee. After adoption and membership of any employee, the cost is shared by the local agency and the employee. In order that there be no lapse in service, it is advisable for all employees to pay the necessary contributions on all salary received from the date of adoption until membership is consummated. If the applications for membership are received one month after date of adoption, the Comptroller will register the employees for membership in the system as of the date of adoption and the local agency will be advised as to the contributions to be taken from future salary. The prompt establishment of the employee's rate of contribution is recommended.
(d)The over-all rate of contribution by the local agency is made up of the following:
(1)A normal contribution rate to balance the contribution of the employer member.
(2)A special deficiency contribution rate to apply to the aggregate payroll of members for a period of 30 years.
(3)An administration contribution rate.
(e)The accrued liability of the local agency will not, ordinarily, be determined by the Comptroller until one year after adoption. The cost of determining the accrued liability will be a charge to the local agency. However, subject to a definitive determination at the end of the first year after adoption, the Comptroller will, if the local agency so desires, determine a tentative special deficiency contribution rate before the end of the first year. There is an additional charge for this service. The establishment of a tentative special deficiency contribution rate is recommended as it has the advantage of permitting the local agency to begin accruing its liability with respect to current payrolls immediately. The accruals can then be adjusted when the accrued liability of the local agency is definitively determined by the Comptroller as of the end of the first year after adoption.

9 NYCRR 1640-8.2 - Accounting for employees retirement benefit charges

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The charges to the local agency for employees retirement benefits are eligible development costs and operating expenses of a State-aided project. Such charges shall be made as follows:

(a)The charge to the local agency for the prior service credit (§ 1640-8.1, subd. [c]) shall be made to the accounting period in which the date of adoption falls.
(b)The charge arising out of the application of the over-all contribution rate (§ 1640-8.1, subd. [d]) shall be spread over the accounting periods, beginning with the date of adoption, to which such payrolls apply, and shall be in proportion to the various payrolls.
(c)The charge of the Comptroller for the cost of determining the accrued liability of the local agency as of the end of the first year after adoption (§ 1640-8.1 subd. [e]) shall be made to the accounting period in which charge is made by the Comptroller.
(d)The charge of the Comptroller for the cost of determining a tentative special deficiency contribution rate prior to the end of the first year after adoption (§ 1640-8.1, subd. [e]) shall be made to the accounting period in which the charge is made by the Comptroller.
(e)No accruals for employee retirement benefit charges or costs in connection therewith shall be made to apply to any accounting period which is prior to the date of adoption.
(f)Development cost account 1410.9, Employees Retirement Fund, and operating expense account 4715, Pension and Other Funds, are provided for all charges in connection with employees' retirement benefits.

9 NYCRR 1640-9.1 - Per annum employment

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Subdivision 1 of section 32 of the Public Housing Law states a local housing authority may employ a general manager, a secretary, technical experts and such other officers, agents and employees as it may require and that employment shall be subject to the provisions of the Civil Service Law applicable to the municipality in which it is established. The compensation of such employees is, further, subject to the approval of the local legislative body. The authority's table of organization and the rates of compensation it pays are further subject to the limitations imposed by the development cost and operating budgets which must have division approval. Division approval of the employment of specific individuals is required. The positions to be filled must have been provided for in an approved budget in order for the compensation to be charged to State-aided projects and no compensation in excess of those provided for the respective positions in the approved budgets shall be charged to development costs or operating expenses of State-aided projects. In its periodic examinations, the division will therefore look for the certification of the local civil service commission with respect to appointments, the approval of the local legislative body with respect to compensation, and conformity with the approved development cost and operating budgets. Division policy is that employees must take vacations. They may not be paid for accrued vacation time in lieu of taking vacation.

9 NYCRR 1640-9.2 - Per diem employment

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Sep 15, 2021

No work is to be done by an authority other than by contract or by maintenance personnel regularly employed in accordance with the law, without specific authorization thereof in advance by the division. When prior approval has been received and the work is to be done by per diem employees, the following procedures shall be strictly observed:

(a)The employment of all such per diem personnel must be cleared through the local civil service commission.
(b)The employee must be advised before he is employed as to whether social security payments will or will not be deducted or paid, and that unemployment insurance will not be paid by the authority in relation to his employment.
(c)Pay checks issued by the authority to the employee must have written or imprinted by rubber stamp on the back of the check at the top just above the employee's endorsement a clause reading as follows: “No deductions have been made for Social Security and no payments made for Unemployment Insurance” or “No payments made for Unemployment Insurance”, as the case may be.
(d)The per diem employee will prepare an employees weekly time sheet, Exhibit 7 of Appendix S-6, and will present the time sheet to his foreman weekly, for his certification. The foreman will turn in the employees time sheets to the project office for the manager's certification and to support payment to the per diem employee.
(e)The project staff will prepare weekly, a summary of the per diem employees time sheets on the form shown as Exhibit 8 of Appendix S-6, project's weekly recapitulation of payroll for per diem employees. This form will be retained by the project and submitted to the Division of Housing representative supervising the work being done during his periodic visit for his approval. The project should retain the approved recapitulation for their files.

9 NYCRR 1640-9.3 - Contracts for personal services

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

Prior division approval is required for all contracts entered into with respect to personal services.

9 NYCRR 1640-10.1 - Travel regulations

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

The commissioner has established the following regulations as of April 1, 1956 with regard to the maximum traveling expense chargeable to State-aided projects.

(a)Travel outside the local area or involving subsistence allowance must have the prior approval of the division. For this purpose, the term local area shall mean generally the area within 25 miles of the local agency's office.
(b)Officials and agents of a local agency, serving without compensation, may be allowed a per diem allowance not in excess of $21 per day (exclusive of transportation) in lieu of the submission of an itemized travel claim. The division may allow amounts in excess of $21 per day, limited however, to a maximum of $25 per day, wherever a municipality in which the authority is situate has adopted rules regulating travel by officials and agents of the said municipality wherein higher allowances are provided for. In such cases the authority will be required to submit a certified copy of such rules and regulations to the division for its files. Similarly, any future amendments or changes in the municipality's rules and regulations are to be submitted to the division.
(c)Paid employees and agents of a local agency (such as lawyers and architects) may be allowed actual expenses not in excess of $14.50 per day (exclusive of transportation and incidentals) upon the submission of a signed and itemized travel claim supported by lodging receipt, approved by the local agency.
(d)
(1)A day consists of three meals and lodging commencing with the first expense incurred in the form of subsistence after leaving official station, including meals and sleeping accommodations en route. For the purpose of breaking down the per diem allowance to officials and agents of a local agency, serving without compensation, when the travel does not cover a full day, the following lump sum amounts may be allowed.

Lodging (including sleeping accommodations en route) $12.00

Over the breakfast hour 1.50

Over the lunch hour 2.50

Over the dinner hour 5.00

(2)The per diem allowance includes all incidentals such as taxis, carfares, telephone and telegraph, transfer of baggage, etc.
(e)Those claiming the per diem allowance must submit a signed claim for travel expense approved by the local agency, showing the purpose of the trip, place visited, and time of departure and return.
(f)The use of personally owned cars in travel should be restricted to those cases where it is to the advantage of the local agency. If travel by personally owned car has been properly authorized, by the local agency, a rate of not more than 10 cents per mile will be allowed for mileage on official business. Charges for insurance, garage, parking, gasoline, accessories, repairs, depreciation, alcohol, towage and other similar expenditures will not be allowed. Employees are expected to travel from their residence to their official station, and return, at their own expense.
(g)The foregoing regulations are intended to limit the travel expense chargeable to State-aided projects and are further subject to the budget allowance. Any local agency may further limit the maximum rates below those specified herein and the vouchers will be audited accordingly.
(h)
(1)The maximum rates specified have been established in the light of present day costs and may be amended if subsequent conditions warrant.
(2)Counsel for a local agency is classified as a paid agent of the local agency and is subject to the travel regulations governing paid employees and agents of the local agency.
(3)For the purpose of breaking down the maximum actual expenses (exclusive of transportation and incidentals) which may be allowed to paid employees and agents of the local agency when the travel does not cover a full day, the following shall govern:

Lodging (including sleeping accommodations en route) $7.00

Over the breakfast hour 1.50

Over the lunch hour 2.00

Over the dinner hour 4.00

(4)With respect to what constitutes the breakfast, lunch and dinner hours, the following time limits shall govern, unless sufficient and justifiable reasons are given by the traveler for exception thereto:
Travel byTravel by
Common CarrierAutomobile
DepartureArrivalDepartureArrival
beforeafterbeforeafter
Breakfast8:00 a.m.7:00 a.m.7:00 a.m.8:00 a.m.
Lunch12:30 p.m.1:00 p.m.11:30 a.m.2:00 p.m.
Dinner7:00 p.m.6:00 p.m.6:00 p.m.7:00 p.m.
(5)Exhibit 6 of Appendix S-6 illustrates a travel expense voucher form which has been prepared for the convenience of the local housing authority. The details for meals and lodging required by items (1) and (3) of the form need not be furnished by officials or agents of the housing authority serving without compensation who are entitled to a per diem allowance. For such persons, the number of days involved and the per diem allowance should be listed under item (4), where whole days are involved. Where a portion of a day is involved, the applicable allowances for such officials and agents (as described under subd. [d] above) should be listed under items (1) and (3) of the enclosed form.
(6)The voucher should be prepared and approved by the local agency in duplicate, and both copies forwarded to the division for approval of the travel, subject to the audit of the cost thereof. The original copy will be returned to the local agency to support payment of the person authorized to travel.

9 NYCRR 1640-10.2 - Bonding of officers and employees

Later State Register activity may affect this section.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

The attention of local agencies is called to the standard provision in contracts for State aid requiring local agencies to obtain fidelity bonds covering its officers, agents or employees. The division's requirements for fidelity bond coverage are contained in Part 1630 of this Chapter.

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