State Codes and Statutes

Statutes > New-york > Tax > Article-12-a > 286

§  286. Records to be kept by distributors and others. 1. Every person  who imports or causes to be imported into this state, or  who  produces,  refines,  manufactures  or compounds within this state, or who purchases  or sells in this state motor fuel or diesel motor  fuel  or  ingredients  which  may be manufactured or compounded into motor fuel or diesel motor  fuel, or engages in the enhancement of diesel motor fuel, shall  keep  a  complete  and  accurate record of all purchases and sales, uses or other  dispositions thereof and a complete and accurate record of the number of  gallons of motor fuel or  diesel  motor  fuel  or  such  ingredients  so  imported, produced, refined, manufactured, compounded or enhanced. Every  person  who stores motor fuel or diesel motor fuel shall keep a complete  and accurate record of the identity of the person for whom such fuel  is  stored,  the  quantity  and  type of fuel so stored, the identity of the  person to whom such fuel is released from storage and the  quantity  and  type of fuel so released. Such records shall be in such form and contain  such  other  information  as  the  commissioner  shall  prescribe.  Said  commissioner, by rule or regulation, also may require  the  delivery  of  statements to purchasers with consignments of motor fuel or diesel motor  fuel  or  such  ingredients,  and  prescribe the matters to be contained  therein.  Such  records  and  statements,   unless   required   by   the  commissioner to be preserved for a longer period, shall be preserved for  a  period of three years and shall be offered for inspection at any time  upon oral or written demand by such commissioner or  the  commissioner's  duly authorized agents. The commissioner is hereby further authorized to  examine the equipment of any such person pertaining to the storage, sale  or  delivery  of  such  fuels, as well as the stock of such fuels in the  possession or control of such person. To verify the amount  of  tax  due  under  this article, each such person is hereby directed and required to  give  to  the  commissioner  or  the  commissioner's   duly   authorized  representatives,   the   means,  facilities  and  opportunity  for  such  examinations as are herein provided for and required.  Nothing  in  this  section contained shall be construed to require the keeping for purposes  of  this  article  of  a  record  of purchases or sales of motor fuel or  diesel motor fuel or such ingredients  at  retail  in  small  quantities  (less  than  thirty  gallons)  or  of  motor  fuel  or diesel motor fuel  imported into this state in the tank of a motor vehicle  which  supplies  the fuel for its operation.    2.  The  commissioner  of  taxation  and  finance  may, by regulation,  provide for the filing of monthly information returns  by  every  person  required  to  maintain such records, as prescribed in subdivision one of  this  section,  which  shall  in  all  material  respects  reflect   the  information required to be contained in such records. Such returns shall  be  in  such form and contain such other information as the commissioner  shall require. In addition, such commissioner  shall  be  authorized  to  require  by  regulation  the  keeping  of  records  and  the  filing  of  information returns or reports by any person  registered  as  the  owner  under  the vehicle and traffic law of a motor vehicle using diesel motor  fuel which is operated on the public highways  of  this  state  and  the  person  having  a  registration  issued pursuant to section four hundred  fifteen of the vehicle and traffic law in the case of  a  motor  vehicle  operated under such registration.    3.   The   commissioner  shall  provide  for  the  filing  of  monthly  information returns by every distributor and every person registered  as  a  "retail  seller  of  aviation  gasoline"  required  to  maintain such  records, as prescribed in subdivision one of this section,  which  shall  in  all  material  respects  reflect  the  information  required  to  be  contained in such records. Such  returns  shall  be  in  such  form  and  contain  such  other  information  as  the  commissioner  shall require,provided, the commissioner shall permit the filing of such return  on  a  quarterly  basis  by  distributors whose only sales of diesel motor fuel  are sales to consumers solely for the purposes described in subparagraph  (i)  of  paragraph  (b)  of  subdivision  three  of  section two hundred  eighty-two-a of this  article  and  by  persons  registered  under  this  article as distributors of kero-jet fuel only.

State Codes and Statutes

Statutes > New-york > Tax > Article-12-a > 286

§  286. Records to be kept by distributors and others. 1. Every person  who imports or causes to be imported into this state, or  who  produces,  refines,  manufactures  or compounds within this state, or who purchases  or sells in this state motor fuel or diesel motor  fuel  or  ingredients  which  may be manufactured or compounded into motor fuel or diesel motor  fuel, or engages in the enhancement of diesel motor fuel, shall  keep  a  complete  and  accurate record of all purchases and sales, uses or other  dispositions thereof and a complete and accurate record of the number of  gallons of motor fuel or  diesel  motor  fuel  or  such  ingredients  so  imported, produced, refined, manufactured, compounded or enhanced. Every  person  who stores motor fuel or diesel motor fuel shall keep a complete  and accurate record of the identity of the person for whom such fuel  is  stored,  the  quantity  and  type of fuel so stored, the identity of the  person to whom such fuel is released from storage and the  quantity  and  type of fuel so released. Such records shall be in such form and contain  such  other  information  as  the  commissioner  shall  prescribe.  Said  commissioner, by rule or regulation, also may require  the  delivery  of  statements to purchasers with consignments of motor fuel or diesel motor  fuel  or  such  ingredients,  and  prescribe the matters to be contained  therein.  Such  records  and  statements,   unless   required   by   the  commissioner to be preserved for a longer period, shall be preserved for  a  period of three years and shall be offered for inspection at any time  upon oral or written demand by such commissioner or  the  commissioner's  duly authorized agents. The commissioner is hereby further authorized to  examine the equipment of any such person pertaining to the storage, sale  or  delivery  of  such  fuels, as well as the stock of such fuels in the  possession or control of such person. To verify the amount  of  tax  due  under  this article, each such person is hereby directed and required to  give  to  the  commissioner  or  the  commissioner's   duly   authorized  representatives,   the   means,  facilities  and  opportunity  for  such  examinations as are herein provided for and required.  Nothing  in  this  section contained shall be construed to require the keeping for purposes  of  this  article  of  a  record  of purchases or sales of motor fuel or  diesel motor fuel or such ingredients  at  retail  in  small  quantities  (less  than  thirty  gallons)  or  of  motor  fuel  or diesel motor fuel  imported into this state in the tank of a motor vehicle  which  supplies  the fuel for its operation.    2.  The  commissioner  of  taxation  and  finance  may, by regulation,  provide for the filing of monthly information returns  by  every  person  required  to  maintain such records, as prescribed in subdivision one of  this  section,  which  shall  in  all  material  respects  reflect   the  information required to be contained in such records. Such returns shall  be  in  such form and contain such other information as the commissioner  shall require. In addition, such commissioner  shall  be  authorized  to  require  by  regulation  the  keeping  of  records  and  the  filing  of  information returns or reports by any person  registered  as  the  owner  under  the vehicle and traffic law of a motor vehicle using diesel motor  fuel which is operated on the public highways  of  this  state  and  the  person  having  a  registration  issued pursuant to section four hundred  fifteen of the vehicle and traffic law in the case of  a  motor  vehicle  operated under such registration.    3.   The   commissioner  shall  provide  for  the  filing  of  monthly  information returns by every distributor and every person registered  as  a  "retail  seller  of  aviation  gasoline"  required  to  maintain such  records, as prescribed in subdivision one of this section,  which  shall  in  all  material  respects  reflect  the  information  required  to  be  contained in such records. Such  returns  shall  be  in  such  form  and  contain  such  other  information  as  the  commissioner  shall require,provided, the commissioner shall permit the filing of such return  on  a  quarterly  basis  by  distributors whose only sales of diesel motor fuel  are sales to consumers solely for the purposes described in subparagraph  (i)  of  paragraph  (b)  of  subdivision  three  of  section two hundred  eighty-two-a of this  article  and  by  persons  registered  under  this  article as distributors of kero-jet fuel only.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-12-a > 286

§  286. Records to be kept by distributors and others. 1. Every person  who imports or causes to be imported into this state, or  who  produces,  refines,  manufactures  or compounds within this state, or who purchases  or sells in this state motor fuel or diesel motor  fuel  or  ingredients  which  may be manufactured or compounded into motor fuel or diesel motor  fuel, or engages in the enhancement of diesel motor fuel, shall  keep  a  complete  and  accurate record of all purchases and sales, uses or other  dispositions thereof and a complete and accurate record of the number of  gallons of motor fuel or  diesel  motor  fuel  or  such  ingredients  so  imported, produced, refined, manufactured, compounded or enhanced. Every  person  who stores motor fuel or diesel motor fuel shall keep a complete  and accurate record of the identity of the person for whom such fuel  is  stored,  the  quantity  and  type of fuel so stored, the identity of the  person to whom such fuel is released from storage and the  quantity  and  type of fuel so released. Such records shall be in such form and contain  such  other  information  as  the  commissioner  shall  prescribe.  Said  commissioner, by rule or regulation, also may require  the  delivery  of  statements to purchasers with consignments of motor fuel or diesel motor  fuel  or  such  ingredients,  and  prescribe the matters to be contained  therein.  Such  records  and  statements,   unless   required   by   the  commissioner to be preserved for a longer period, shall be preserved for  a  period of three years and shall be offered for inspection at any time  upon oral or written demand by such commissioner or  the  commissioner's  duly authorized agents. The commissioner is hereby further authorized to  examine the equipment of any such person pertaining to the storage, sale  or  delivery  of  such  fuels, as well as the stock of such fuels in the  possession or control of such person. To verify the amount  of  tax  due  under  this article, each such person is hereby directed and required to  give  to  the  commissioner  or  the  commissioner's   duly   authorized  representatives,   the   means,  facilities  and  opportunity  for  such  examinations as are herein provided for and required.  Nothing  in  this  section contained shall be construed to require the keeping for purposes  of  this  article  of  a  record  of purchases or sales of motor fuel or  diesel motor fuel or such ingredients  at  retail  in  small  quantities  (less  than  thirty  gallons)  or  of  motor  fuel  or diesel motor fuel  imported into this state in the tank of a motor vehicle  which  supplies  the fuel for its operation.    2.  The  commissioner  of  taxation  and  finance  may, by regulation,  provide for the filing of monthly information returns  by  every  person  required  to  maintain such records, as prescribed in subdivision one of  this  section,  which  shall  in  all  material  respects  reflect   the  information required to be contained in such records. Such returns shall  be  in  such form and contain such other information as the commissioner  shall require. In addition, such commissioner  shall  be  authorized  to  require  by  regulation  the  keeping  of  records  and  the  filing  of  information returns or reports by any person  registered  as  the  owner  under  the vehicle and traffic law of a motor vehicle using diesel motor  fuel which is operated on the public highways  of  this  state  and  the  person  having  a  registration  issued pursuant to section four hundred  fifteen of the vehicle and traffic law in the case of  a  motor  vehicle  operated under such registration.    3.   The   commissioner  shall  provide  for  the  filing  of  monthly  information returns by every distributor and every person registered  as  a  "retail  seller  of  aviation  gasoline"  required  to  maintain such  records, as prescribed in subdivision one of this section,  which  shall  in  all  material  respects  reflect  the  information  required  to  be  contained in such records. Such  returns  shall  be  in  such  form  and  contain  such  other  information  as  the  commissioner  shall require,provided, the commissioner shall permit the filing of such return  on  a  quarterly  basis  by  distributors whose only sales of diesel motor fuel  are sales to consumers solely for the purposes described in subparagraph  (i)  of  paragraph  (b)  of  subdivision  three  of  section two hundred  eighty-two-a of this  article  and  by  persons  registered  under  this  article as distributors of kero-jet fuel only.