The strongest protection against prosecution is contained in voluntary compliance agreements, which do not involve a limited repayment period. A voluntary disclosure and compliance agreement based on full disclosure has the following benefits: No New York Attorney or District Attorney may prosecute the applicant for taxes paid under the program; and the tax authority cannot share the disclosure that the applicant makes with another agency or use it against the applicant as evidence in an act or criminal proceeding against the applicant. However, the tax authority has the right to forward your tax returns to the Internal Revenue Department or any other qualified organization. You must file your outstanding tax returns for all periods and types of taxes covered by the agreement. 5. (a) Where the subject and the tax debt are eligible under the voluntary advertising and compliance program, the delegate is authorized to enter into a voluntary advertising and compliance agreement with the subject. A voluntary publicity and compliance agreement is entered into in a form to be established by the Commissioner and contains conditions that the Commissioner can reasonably require to meet the taxpayer`s public tax obligations and allow the subject to comply with and compel the taxpayer to comply with tax legislation in the future. The taxpayer must pay the tax and related interest that is the subject of the voluntary publicity and compliance agreement when the agreement is implemented or within the time limit set on a bill issued by the Commissioner of the Subject. If the agent is satisfied that the insured cannot immediately pay the full amount of the disclosed tax debt, the delegate may enter into a staggered payment program with the subject to pay the tax and interest due. The delegate may request a financial disclosure containing information on the insured`s assets, liabilities, income and other financial information before entering into a staggered payment plan with the subject. In addition to all other information and conditions that the Commissioner deems appropriate, the Voluntary Disclosure and Compliance Agreement provides that, if the terms of the compliance agreement are met, the taxpayer will not be prosecuted in New York State for the conduct disclosed by the subject.
3. Under the voluntary advertising and compliance program, the Commissioner waives any applicable penalties (including the additional interest rate provided in Section 1405 of this chapter) for: 1) non-payment of such a tax debt after the implementation of a voluntary advertising and compliance agreement by the legitimate subject and the Commissioner; (2) no reporting or reporting of such a tax debt; and (3) Non-payment of the estimated tax. In addition, no criminal action or proceedings will be initiated against a subject eligible for assistance with respect to the tax debt covered by the agreement.