New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter I - Franchise and Certain Business Taxes
Subchapter I - Cigarette Tax, Cigarette Marketing Standards And Tobacco Products Tax
Article 2 - Cigarette Marketing Standards
Part 86 - Determination Of Cost
Section 86.1 - Evidence considered in determining costs

Current through Register Vol. 45, No. 52, December 27, 2023

Tax Law, § 485(a)(1)

In determining the cost of the agent, the cost of the CMSA wholesale dealer and the cost of the CMSA retail dealer, as such terms are described in Part 82 of this Title, the Department of Taxation and Finance or a court shall receive and consider as bearing on the bona fides of such costs, evidence tending to show that any person against whom a complaint has been made under any of the provisions of article 20-A of the Tax Law purchased cigarettes, with respect to the sale of which such complaint was made, at a fictitious price, or upon such terms or in such a manner or under such invoices as to conceal the true costs, discounts or terms or purchase. The department or court shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or State.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.