§ 301. Imposition of tax.-- (a) (1) General.--Notwithstanding any other provision of this chapter, or of any other law, for taxable years commencing on or after the first day of April, nineteen hundred eighty-four, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which commences with the first day of April, nineteen hundred eighty-four, and ending with (but not including) taxable years commencing on and after the first day of September, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which terminates with the thirty-first day of August, nineteen hundred ninety, there is hereby imposed upon every petroleum business, for the privilege of engaging in business, doing business, employing capital, owning or leasing property, or maintaining an office in this state, for all or any part of each of its taxable years, an annual tax equal to two and three-quarters per centum, provided that for taxable years commencing on or after the first day of June, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which commences with the first day of June, nineteen hundred ninety, the annual tax shall be equal to seven and two-tenths per centum, of (i) its gross receipts from sales of petroleum where shipments are made to points within the state, (ii) the consideration given or contracted to be given by it for petroleum (other than aviation fuel) which it imported or caused to be imported (by a person other than one which is subject to tax under this article) into this state for consumption by it in this state, and (iii) the consideration given or contracted to be given by it for aviation fuel consumed by it in this state. In no event shall the tax imposed by this article be less than two hundred fifty dollars. For the purpose of the tax imposed by this section, any taxable year commencing prior to the first day of September, nineteen hundred ninety but ending after the thirty-first day of August, nineteen hundred ninety shall be deemed terminated as of such thirty-first day of August and such year shall be brought to a close as of such thirty-first day of August. (2) Credit, refund or reimbursement. (A) An electric corporation, as defined in subdivision thirteen of section two of the public service service law, subject to the supervision of the department of public service shall be allowed a credit against the tax imposed by this section, or a refund or reimbursement, with respect to residual petroleum product or diesel motor fuel (which is not enhanced diesel motor fuel) used by such electric corporation to fuel generators for the purpose of manufacturing or producing electricity. Such credit or refund shall be applicable only to gallonage which is included in the return of such electric corporation and the consideration for which has been subjected to tax under this section on and after June first, nineteen hundred ninety at the rate of seven and two-tenths per centum; such reimbursement shall apply only to gallonage purchased in this state by such electric corporation on and after June first, nineteen hundred ninety wherein (i) with respect to such gallonage so purchased a tax under this section has been imposed at the rate of seven and two-tenths per centum and (ii) such electric corporation absorbed the entire amount of such tax in the purchase price of such fuel. The amount of such credit or refund shall be determined by multiplying the consideration given with respect to such eligible gallons of residual petroleum product and diesel product times four and forty-five hundredths percent. The amount of such reimbursement shall be equal to the result obtained by subtracting from the entire amount of the tax absorbed by suchelectric corporation the product of such entire amount of tax absorbed times two and seventy-five hundredths divided by seven and two-tenths. (B) An aviation fuel business shall be allowed a credit against the tax imposed by clause (iii) of paragraph (1) of this subdivision on and after June first, nineteen hundred ninety with respect to kero-jet fuel with respect to which a tax has been imposed at the rate of seven and two-tenths per centum and which was consumed in this state by such business in the operation of its aircraft. The amount of such credit shall be four and forty-five hundredths percent of the consideration given or contracted to be given by such business for such kero-jet fuel consumed by it in this state. (b) Doing business, etc.--Any petroleum business shall not be deemed to be doing business, engaging in business, employing capital, owning or leasing property, or maintaining an office in this state, for the purposes of this article, by reason of (i) the maintenance of cash balances with banks or trust companies in this state, or (ii) the ownership of shares of stock or securities kept in this state, if kept in a safe deposit box, safe, vault or other receptacle rented for the purpose, or if pledged as collateral security, or if deposited with one or more banks or trust companies, or brokers who are members of a recognized security exchange, in safekeeping or custody accounts, or (iii) the taking of any action by any such bank or trust company or broker, which is incidental to the rendering of safekeeping or custodian service to such petroleum business, or (iv) the maintenance of an office in this state by one or more officers or directors of the petroleum business (where such business is a corporation) who are not employees of the petroleum business if such petroleum business otherwise is not engaging in business or doing business in this state, and does not employ capital or own or lease property in this state, or (v) the keeping of books or records of a petroleum business in this state if such books or records are not kept by employees of such petroleum business and such petroleum business does not otherwise engage in business, do business, employ capital, own or lease property or maintain an office in this state, or (vi) any combination of the foregoing activities. (c) Vessel credit or refund. A petroleum business, which brings petroleum into this state in the fuel tank connecting with the engine of a vessel propelled by the use of such petroleum with respect to which there is imposed a consumption tax pursuant to subdivision (a) of this section, shall calculate the tax due on such gallonage according to the method prescribed in this subdivision. The tax liability for gallonage that a vessel consumes shall be the tax liability with respect to the positive difference between the gallonage consumed in this state during the reporting period and the gallonage purchased in this state (upon which the tax imposed by this section has been paid) during such period. A credit or refund shall be available for any excess of tax liability for gallonage purchased in this state during the period over tax liability on gallonage so consumed in this state during such period, which excess shall be presumed to have been used outside this state.
§ 301. Imposition of tax.-- (a) (1) General.--Notwithstanding any other provision of this chapter, or of any other law, for taxable years commencing on or after the first day of April, nineteen hundred eighty-four, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which commences with the first day of April, nineteen hundred eighty-four, and ending with (but not including) taxable years commencing on and after the first day of September, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which terminates with the thirty-first day of August, nineteen hundred ninety, there is hereby imposed upon every petroleum business, for the privilege of engaging in business, doing business, employing capital, owning or leasing property, or maintaining an office in this state, for all or any part of each of its taxable years, an annual tax equal to two and three-quarters per centum, provided that for taxable years commencing on or after the first day of June, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which commences with the first day of June, nineteen hundred ninety, the annual tax shall be equal to seven and two-tenths per centum, of (i) its gross receipts from sales of petroleum where shipments are made to points within the state, (ii) the consideration given or contracted to be given by it for petroleum (other than aviation fuel) which it imported or caused to be imported (by a person other than one which is subject to tax under this article) into this state for consumption by it in this state, and (iii) the consideration given or contracted to be given by it for aviation fuel consumed by it in this state. In no event shall the tax imposed by this article be less than two hundred fifty dollars. For the purpose of the tax imposed by this section, any taxable year commencing prior to the first day of September, nineteen hundred ninety but ending after the thirty-first day of August, nineteen hundred ninety shall be deemed terminated as of such thirty-first day of August and such year shall be brought to a close as of such thirty-first day of August. (2) Credit, refund or reimbursement. (A) An electric corporation, as defined in subdivision thirteen of section two of the public service service law, subject to the supervision of the department of public service shall be allowed a credit against the tax imposed by this section, or a refund or reimbursement, with respect to residual petroleum product or diesel motor fuel (which is not enhanced diesel motor fuel) used by such electric corporation to fuel generators for the purpose of manufacturing or producing electricity. Such credit or refund shall be applicable only to gallonage which is included in the return of such electric corporation and the consideration for which has been subjected to tax under this section on and after June first, nineteen hundred ninety at the rate of seven and two-tenths per centum; such reimbursement shall apply only to gallonage purchased in this state by such electric corporation on and after June first, nineteen hundred ninety wherein (i) with respect to such gallonage so purchased a tax under this section has been imposed at the rate of seven and two-tenths per centum and (ii) such electric corporation absorbed the entire amount of such tax in the purchase price of such fuel. The amount of such credit or refund shall be determined by multiplying the consideration given with respect to such eligible gallons of residual petroleum product and diesel product times four and forty-five hundredths percent. The amount of such reimbursement shall be equal to the result obtained by subtracting from the entire amount of the tax absorbed by suchelectric corporation the product of such entire amount of tax absorbed times two and seventy-five hundredths divided by seven and two-tenths. (B) An aviation fuel business shall be allowed a credit against the tax imposed by clause (iii) of paragraph (1) of this subdivision on and after June first, nineteen hundred ninety with respect to kero-jet fuel with respect to which a tax has been imposed at the rate of seven and two-tenths per centum and which was consumed in this state by such business in the operation of its aircraft. The amount of such credit shall be four and forty-five hundredths percent of the consideration given or contracted to be given by such business for such kero-jet fuel consumed by it in this state. (b) Doing business, etc.--Any petroleum business shall not be deemed to be doing business, engaging in business, employing capital, owning or leasing property, or maintaining an office in this state, for the purposes of this article, by reason of (i) the maintenance of cash balances with banks or trust companies in this state, or (ii) the ownership of shares of stock or securities kept in this state, if kept in a safe deposit box, safe, vault or other receptacle rented for the purpose, or if pledged as collateral security, or if deposited with one or more banks or trust companies, or brokers who are members of a recognized security exchange, in safekeeping or custody accounts, or (iii) the taking of any action by any such bank or trust company or broker, which is incidental to the rendering of safekeeping or custodian service to such petroleum business, or (iv) the maintenance of an office in this state by one or more officers or directors of the petroleum business (where such business is a corporation) who are not employees of the petroleum business if such petroleum business otherwise is not engaging in business or doing business in this state, and does not employ capital or own or lease property in this state, or (v) the keeping of books or records of a petroleum business in this state if such books or records are not kept by employees of such petroleum business and such petroleum business does not otherwise engage in business, do business, employ capital, own or lease property or maintain an office in this state, or (vi) any combination of the foregoing activities. (c) Vessel credit or refund. A petroleum business, which brings petroleum into this state in the fuel tank connecting with the engine of a vessel propelled by the use of such petroleum with respect to which there is imposed a consumption tax pursuant to subdivision (a) of this section, shall calculate the tax due on such gallonage according to the method prescribed in this subdivision. The tax liability for gallonage that a vessel consumes shall be the tax liability with respect to the positive difference between the gallonage consumed in this state during the reporting period and the gallonage purchased in this state (upon which the tax imposed by this section has been paid) during such period. A credit or refund shall be available for any excess of tax liability for gallonage purchased in this state during the period over tax liability on gallonage so consumed in this state during such period, which excess shall be presumed to have been used outside this state.
§ 301. Imposition of tax.-- (a) (1) General.--Notwithstanding any other provision of this chapter, or of any other law, for taxable years commencing on or after the first day of April, nineteen hundred eighty-four, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which commences with the first day of April, nineteen hundred eighty-four, and ending with (but not including) taxable years commencing on and after the first day of September, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which terminates with the thirty-first day of August, nineteen hundred ninety, there is hereby imposed upon every petroleum business, for the privilege of engaging in business, doing business, employing capital, owning or leasing property, or maintaining an office in this state, for all or any part of each of its taxable years, an annual tax equal to two and three-quarters per centum, provided that for taxable years commencing on or after the first day of June, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which commences with the first day of June, nineteen hundred ninety, the annual tax shall be equal to seven and two-tenths per centum, of (i) its gross receipts from sales of petroleum where shipments are made to points within the state, (ii) the consideration given or contracted to be given by it for petroleum (other than aviation fuel) which it imported or caused to be imported (by a person other than one which is subject to tax under this article) into this state for consumption by it in this state, and (iii) the consideration given or contracted to be given by it for aviation fuel consumed by it in this state. In no event shall the tax imposed by this article be less than two hundred fifty dollars. For the purpose of the tax imposed by this section, any taxable year commencing prior to the first day of September, nineteen hundred ninety but ending after the thirty-first day of August, nineteen hundred ninety shall be deemed terminated as of such thirty-first day of August and such year shall be brought to a close as of such thirty-first day of August. (2) Credit, refund or reimbursement. (A) An electric corporation, as defined in subdivision thirteen of section two of the public service service law, subject to the supervision of the department of public service shall be allowed a credit against the tax imposed by this section, or a refund or reimbursement, with respect to residual petroleum product or diesel motor fuel (which is not enhanced diesel motor fuel) used by such electric corporation to fuel generators for the purpose of manufacturing or producing electricity. Such credit or refund shall be applicable only to gallonage which is included in the return of such electric corporation and the consideration for which has been subjected to tax under this section on and after June first, nineteen hundred ninety at the rate of seven and two-tenths per centum; such reimbursement shall apply only to gallonage purchased in this state by such electric corporation on and after June first, nineteen hundred ninety wherein (i) with respect to such gallonage so purchased a tax under this section has been imposed at the rate of seven and two-tenths per centum and (ii) such electric corporation absorbed the entire amount of such tax in the purchase price of such fuel. The amount of such credit or refund shall be determined by multiplying the consideration given with respect to such eligible gallons of residual petroleum product and diesel product times four and forty-five hundredths percent. The amount of such reimbursement shall be equal to the result obtained by subtracting from the entire amount of the tax absorbed by suchelectric corporation the product of such entire amount of tax absorbed times two and seventy-five hundredths divided by seven and two-tenths. (B) An aviation fuel business shall be allowed a credit against the tax imposed by clause (iii) of paragraph (1) of this subdivision on and after June first, nineteen hundred ninety with respect to kero-jet fuel with respect to which a tax has been imposed at the rate of seven and two-tenths per centum and which was consumed in this state by such business in the operation of its aircraft. The amount of such credit shall be four and forty-five hundredths percent of the consideration given or contracted to be given by such business for such kero-jet fuel consumed by it in this state. (b) Doing business, etc.--Any petroleum business shall not be deemed to be doing business, engaging in business, employing capital, owning or leasing property, or maintaining an office in this state, for the purposes of this article, by reason of (i) the maintenance of cash balances with banks or trust companies in this state, or (ii) the ownership of shares of stock or securities kept in this state, if kept in a safe deposit box, safe, vault or other receptacle rented for the purpose, or if pledged as collateral security, or if deposited with one or more banks or trust companies, or brokers who are members of a recognized security exchange, in safekeeping or custody accounts, or (iii) the taking of any action by any such bank or trust company or broker, which is incidental to the rendering of safekeeping or custodian service to such petroleum business, or (iv) the maintenance of an office in this state by one or more officers or directors of the petroleum business (where such business is a corporation) who are not employees of the petroleum business if such petroleum business otherwise is not engaging in business or doing business in this state, and does not employ capital or own or lease property in this state, or (v) the keeping of books or records of a petroleum business in this state if such books or records are not kept by employees of such petroleum business and such petroleum business does not otherwise engage in business, do business, employ capital, own or lease property or maintain an office in this state, or (vi) any combination of the foregoing activities. (c) Vessel credit or refund. A petroleum business, which brings petroleum into this state in the fuel tank connecting with the engine of a vessel propelled by the use of such petroleum with respect to which there is imposed a consumption tax pursuant to subdivision (a) of this section, shall calculate the tax due on such gallonage according to the method prescribed in this subdivision. The tax liability for gallonage that a vessel consumes shall be the tax liability with respect to the positive difference between the gallonage consumed in this state during the reporting period and the gallonage purchased in this state (upon which the tax imposed by this section has been paid) during such period. A credit or refund shall be available for any excess of tax liability for gallonage purchased in this state during the period over tax liability on gallonage so consumed in this state during such period, which excess shall be presumed to have been used outside this state.
