2020 New York Laws
TAX - Tax
Article 24 - Employer Compensation Expense Program
851 - Employer Election.

§  851.  Employer  election.  (a)  Any  employer  who  employs covered
employees in the state shall be allowed to make an annual election to be
taxed under this article.
  (b) In order to be effective, the annual election must be made by  (1)
if  the  employer  is  not a corporation, by any member, owner, or other
individual with authority to bind the entity or  sign  returns  required
pursuant  to  section six hundred fifty-three of this chapter; or (2) if
the employer is a  for-profit  or  not-for-profit  corporation,  by  any
officer  or  manager  of the employer who is authorized under the law of
the state where the corporation is incorporated or under the  employer's
organizational  documents  to  make  the  election and who represents to
having such authorization under  penalty  of  perjury;  or  (3)  if  the
employer is a trust, by the unanimous consent of all trustees; or (4) if
the employer is a governmental entity, by the chief executive officer of
such governmental entity.
  (c)  The  annual  election  must  be  made  by  December first of each
calendar year and  will  take  effect  for  the  immediately  succeeding
calendar  year.    If  an  election  is  made  after December first of a
calendar year, it will  first  take  effect  in  the  second  succeeding
calendar year.
  (d)  If  an  employer  determines  that  the election made pursuant to
subsection (b) of this section was in error and such employer  does  not
wish  to  participate in the program for the calendar year and has taken
no action to comply with the requirements of this article, the  employer
may  revoke the election to participate in the program. For the calendar
year two thousand twenty, such revocation of the employer  election  may
be  made on or before April fifteenth, two thousand twenty. For calendar
years beginning two thousand twenty-one and thereafter, such  revocation
of the employer election must be made no later than January fifteenth of
the immediately succeeding calendar year after the employer election was
made.