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 3 - Tobacco Products Tax
Part 90 - Wholesale Dealers
Section 90.1 - Wholesale dealer's informational returns

Universal Citation: 20 NY Comp Codes Rules and Regs ยง 90.1

Current through Register Vol. 46, No. 12, March 20, 2024

Tax Law, §§ 474 and 475

(a)

(1) Every licensed wholesale dealer of tobacco products must file with the Department of Taxation and Finance a quarterly informational return on a form prescribed by the department for such purpose. Wholesale dealers that are also distributors of tobacco products will not be required to file separate informational returns. Information comparable to that required by this section will be included on the returns required to be filed by distributors pursuant to section 473-a of the Tax Law.

(2) The informational return must be filed on or before the 20th day of March, June, September and December for the quarterly periods ending on the last day of February, May, August and November of each year, respectively, and must reflect the wholesale dealer's activities for the preceding quarter, or fraction thereof. Such return must show, in additional to any other information that the department may require:
(i) the quantity, by number of cigars and number of pounds of other tobacco products, on hand at the beginning of the preceding quarter;

(ii) the name, address, and Federal employer identification number of every person from whom cigars and other tobacco products have been purchased or otherwise acquired and the quantity and purchase price of the cigars and other tobacco products purchased or acquired from each such person during the preceding quarter;

(iii) the name, address, and Federal employer identification number of every person, other than consumers of the subject cigars and other tobacco products, to whom cigars and other tobacco products have been sold or transferred and the quantity and selling price of the cigars and other tobacco products sold or transferred to each such person during the preceding quarter;

(iv) the quantity of cigars and other tobacco products otherwise disposed of, including, but not limited to, those that were not suitable for sale, destroyed, or stolen during the preceding quarter; and

(v) the quantity of cigars and other tobacco products on hand at the end of the preceding quarter.

(b) In accordance with section 474 of the Tax Law, the wholesale dealer must maintain complete and accurate records to support the information reported on the informational returns required to be filed by subdivision (a) of this section.

(c) The wholesale dealer's informational returns must be prepared and filed in accordance with the instructions provided by the department. Every return filed by or on behalf of a wholesale dealer must contain a certification to the effect that the statements in the return are true, correct and complete. The fact that a person's name is signed on the certification of the return is prima facie evidence for all purposes that such person is authorized to sign and certify the return on behalf of the dealer and that the return was actually signed by such person.

(d) The department may, if its deems necessary in order to insure the revenue under article 20 of the Tax Law, require returns (from all wholesale dealers or from any particular wholesale dealer) to be made at such other times and covering such other periods as it may determine.

(e) In accordance with section 480 of the Tax Law, the license of any wholesale dealer of tobacco products may be cancelled or suspended for such dealer's failure to comply with the provisions of this Part.

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