New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter III - Fuel and Carrier Taxes
Subchapter B - Petroleum Business Tax
Part 450 - Petroleum Business Bond Or Other Security
Section 450.2 - Determination of the need for an amount of bond or other security
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Prior to the approval of an application for registration of a petroleum business or during any review of a registered petroleum business, the Tax Commission may require such petroleum business to file a bond or other security with such department. With its application for registration, and at any time subsequent to registration upon the request of the Department of Taxation and Finance, a petroleum business must submit to the Department of Taxation and Finance:
(b) In determining the amount and the need for the requirement of a bond or other security, the department will review the following:
(c) Generally, if the net worth of a petroleum business is equal to or greater than one and one-half times the estimated tax liability for the current year computed on an annual basis due to New York State pursuant to article 13-A of the Tax Law, a bond or other security will not be required. Generally, if the net worth of a petroleum business is less than one and one half times the estimated tax liability for the current year computed on an annual basis due to New York State pursuant to article 13-A of the Tax Law, a bond or other security may be required for the difference between the net worth and such one and one-half times the estimated tax liability. For purposes of this calculation, net worth less than zero will not be recognized. Notwithstanding the provisions of this subdivision relating to the financial condition of the applicant or petroleum business i.e.,net worth, etc.), the amount of bond or other security may be increased or decreased or a bond or other security may be required at any time when such amount or such bond or other security is necessary as a protection to the revenues under article 13-A of the Tax Law.
(d)
(e) The requirements of this section shall be coordinated whenever possible with the requirements of Part 414 of this Title.