Sec. 2402.1. Taxpayer'soption to choose a record retention format

(a) Taxpayer'soption to choose.

Notwithstanding any otherprovision of this Title and unless specifically provided for otherwiseby law, any record that is required to be retained by a taxpayer maybe retained pursuant to the provisions of this Part in either hard-copyformat or electronic format (or both) at the discretion of the taxpayer.For examples of statutory exceptions to allowing the retention ofrecords electronically, see section 307 of the State Electronic Signaturesand Records Act (New York State Technology Law, section 301 etseq.) and section 7003 of the Federal Electronic Signatures inGlobal and National Commerce Act (15 USCS, section 7001 et seq.).

(b) Application ofthis Part.

(1) The provisions ofthis Part apply only to the format in which taxpayer records are tobe maintained. The nature, content, retention periods, and other specificdetails concerning records are discussed elsewhere in the Tax Law,other applicable laws concerning matters under the jurisdiction ofthe Commissioner of Taxation and Finance, and this Title.

(2) This Part does notapply to any activities conducted with the Department of Taxationand Finance, such as the filing of returns or the payment of taxes.See, for example, Part 2396 of this Title concerning the ElectronicFiling and Funds Transfer Program for certain taxpayers remittingwithholding tax.

(3) This Part does notapply to any warning, notice, disclosure, or other record that isrequired to be posted, displayed, or publicly affixed. Examples ofthese records include the certificates of registration that are requiredto be publicly displayed by retail dealers of cigarettes pursuantto section 480-a of the Tax Law, decals that are required to be displayedon qualified motor vehicles pursuant to section 522 of the Tax Law,and certificates of authority that are required to be prominentlydisplayed by sales tax vendors pursuant to section 1134 of the TaxLaw.