New York lawmakers recently introduced two bills to expand the application of the New York State False Claims Act (āFCAā).Ā The first intends to require the FCA to apply to non-filers, the second to remove theĀ scienterĀ element (i.e., no longer imposing a āknowingā requirement).Ā Although both bills are retroactive and concerning, removing theĀ scienterĀ element should put all businesses on high alert as enforcement of the tax laws could now be in the hands of opportunistic whistleblowers and/or the New York State Office of the Attorney General (AG).
On 7 October 2020, the Baker McKenzie State and Local Tax (SALT) Subpractice Group covered the latest coast-to-coast state and local tax developments.