Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Diplomatic missions. Permanent missions to the United Nations and foreign
embassies and consulates are hereinafter referred to as diplomatic
missions.
(b) Diplomatic personnel.
Foreign embassy and consular officials, certain foreign embassy and consular
employees, certain officers and employees of the United Nations, of
international organizations and of permanent missions to the United Nations and
certain employees of the Coordination Council for North American Affairs are
hereinafter referred to as diplomatic personnel.
(c) Exemption federally determined.
Diplomatic missions and diplomatic personnel are exempt from sales and use
taxes when they are the purchaser, consumer or user of tangible personal
property or services or when they are the occupant of hotel rooms or a patron
at a place of amusement, club, roof garden, cabaret or similar place only to
the extent of the exemption granted to them by the United States Department of
State or pursuant to the authority granted to the American Institute in
Taiwan.
(d) Nature and extent of
exemption generally.
(1) Diplomatic missions
and diplomatic personnel seeking exemption from State and local sales and use
taxes should apply to the United States Department of State or, in the case of
employees of the Coordination Council for North American Affairs, to the
American Institute in Taiwan for the appropriate tax exemption card or other
proper documentation evidencing their entitlement to and the extent of their
exemption.
(2) The United States
Department of State or the American Institute in Taiwan will issue the
appropriate tax exemption card or other proper documentation to diplomatic
missions and diplomatic personnel evidencing their entitlement to and the
extent of their exemption.
(3) Tax
exemption cards and other documentation evidencing entitlement to exemption
issued to diplomatic missions and diplomatic personnel by the United States
Department of State or the American Institute in Taiwan will specifically
identify the extent of the exemption to be allowed. In general:
(i) A tax exemption card with a blue stripe
will entitle the individual authorized thereon to exemption at time of purchase
from all sales and use taxes, including hotel room taxes.
(ii) A tax exemption card with a green stripe
will entitle the individual authorized thereupon to exemption at time of
purchase from all sales and use taxes except hotel room taxes.
(iii) A tax exemption card with a red stripe
will entitle the individual authorized thereon to exemption at time of purchase
from sales and use taxes, including hotel room taxes, on purchases greater than
the amount specified on the card (e.g., $50, $100, $150, $200, etc.).
(iv) Tax exemption cards may not be used by
diplomatic missions and diplomatic personnel to purchase motor fuel or diesel
motor fuel exempt from State and local sales and use taxes and motor fuel or
diesel motor fuel tax at the time of purchase. Diplomatic missions and
diplomatic personnel entitled to exemption from such taxes will receive
exemption as described in subdivision (i) of this section.
(4) Diplomatic missions and diplomatic
personnel who are not holders of tax exemption cards but who are otherwise
determined by the United States Department of State or American Institute in
Tiawan to be eligible for exemption from sales and use taxes imposed upon
purchase of certain tangible personal property or services shall pay tax at the
time of purchase and apply directly to the New York State Department of
Taxation and Finance for a refund of such taxes paid. See subdivision (k) of
this section concerning refund procedures.
(e) Purchases of tangible personal property
and services by diplomatic missions and diplomatic personnel.
(1) Except as otherwise specifically provided
in subdivision (i) of this section with respect to the purchase of motor fuel
and diesel motor fuel and in subdivision (j) with respect to the purchase of
utility services, the following rules are applicable to purchases of tangible
personal property and services by diplomatic missions and diplomatic
personnel.
(2) Diplomatic missions
and diplomatic personnel must be the direct purchaser, occupant or patron of
record and payer of record in order to exercise their entitlement to exemption
from sales and use taxes. Direct purchaser, occupant or patron of record for
purposes of this section means:
(i) the holder
of a valid tax exemption card issued by the United States Department of State;
or the American Institute in Taiwan and whose photograph appears on such card;
or
(ii) the holder of such other
proper documentation evidencing entitlement to exemption as provided by the
United States Department of State if any such other documentation is so
provided, and does not include any agent or employee of either such cardholder
or holder of other proper documentation.
A diplomatic mission or the diplomatic personnel is the
direct payer of record where payment is made by the holder of such card or
other proper documentation or by the diplomatic mission to which the holder is
attached, if any, or from the mission's funds, directly to the vendor.
(3) To make a purchase
exempt from tax at the time of sale, the holder of a tax exemption card is
required to:
(i) furnish the vendor with a
properly completed certificate of sales tax exemption for diplomatic missions
and personnel--single purchase certificate or, in the case of charge purchases
by holders of a tax exemption card with a blue stripe or green stripe, a
blanket purchase certificate (see subdivision [g] of this section regarding
proper completion of such certificates);
(ii) display to the vendor at the time of
purchase the tax exemption card so that the vendor may (a) record the following
information on every invoice: name of purchaser entitled to exemption, tax
exemption number on the tax exemption card of the purchaser, (b) verify that
the tax exemption card has not expired, and (c) verify that a purchaser making
a charge purchase holds a tax exemption card with a blue stripe or green
stripe; and
(iii) sign the invoice
at the time of purchase in the presence of the vendor.
Diplomatic missions and diplomatic personnel must
personally issue a certificate of sales tax exemption for diplomatic missions
and personnel to the vendor and must allow the vendor to compare the
information on the issuer's tax exemption card to the information on the
certificate presented. See section
532.4
of this Title regarding use of exemption certificates and purchaser's and
vendor's liabilities.
(4)
(i)
Diplomatic missions and diplomatic personnel who hold a tax exemption card with
either a blue stripe or green stripe should furnish vendors with a certificate
of sales tax exemption for diplomatic missions and personnel-- blanket purchase
certificate covering the first and subsequent purchase transactions when the
method of payment is by a charge either to an in-house charge account, such as
an account established with a department store for its customers, or by a
charge to a third-party charge account, such as that provided by a bank or
financial services company. Even when a blanket purchase certificate is on file
with the vendor, however, each purchase must meet the requirements of
subparagraphs (3)(ii)-(iii) of this subdivision.
(ii) Possession of a tax exemption card with
a green stripe shall not be the basis for exemption from the tax imposed by Tax
Law, section
1105(e) on rent for
occupancy of a room or rooms in a hotel, motel or similar
establishment.
(iii) Holders of a
tax exemption card with a red stripe may not issue a certificate of sales tax
exemption for diplomatic missions and personnel-- blanket purchase certificate
under any circumstances.
(iv) A
certificate of sales tax exemption for diplomatic missions and
personnel--blanket purchase certificate expires on the date that the issuer's
tax exemption card expires.
(v) A
holder of an expired tax exemption card must obtain a new tax exemption card
before such holder may issue any new certificate of sales tax exemption for
diplomatic missions and personnel to make purchases exempt from tax.
(5) If the method of payment is by
cash or cash-equivalent, such as by check or travelers check, a separate,
properly completed certificate of sales tax exemption for diplomatic missions
and personnel--single purchase certificate must be given to the vendor for
every purchase transaction, including cash or cash-equivalent purchase
transactions by the holder of a tax exemption card with a green or blue stripe
who has previously furnished the vendor with a blanket purchase certificate in
accordance with paragraph (4) of this subdivision. However, see subdivision (j)
of this section with regard to the use of a single purchase certificate for the
purchase of utility services by holders of a tax exemption card with a red
stripe or a diplomat identification card.
(f) Purchase transaction defined. For
purposes of this section, a purchase transaction means a purchase in one
calendar day of one or more items or services from a single vendor, whether or
not the services are to be performed in a single day, and covered by a single
invoice or bill. See section
532.4
of this Title regarding use of exemption certificates and purchaser's and
vendor's liabilities.
(g) Proper
completion and use of exemption certificates.
(1) The certificate of sales tax exemption
for diplomatic missions and personnel is properly completed when it includes
the:
(i) name of the mission;
(ii) name of the authorized
individual;
(iii) tax exemption
number on the tax exemption card;
(iv) expiration date of tax exemption
card;
(v) type of tax exemption
card issued by the United States Department of State or American Institute in
Taiwan (blue stripe, green stripe or red stripe with dollar
restriction);
(vi) signature of
issuer;
(vii) date
prepared;
(viii) amount of
purchase, if a single purchase certificate; and
(ix) vendors name.
(2) Certificates of sales tax exemption for
diplomatic missions and personnel may not be used to purchase motor fuel or
diesel motor fuel exempt from taxes, regardless of the type of tax exemption
card held by the diplomatic mission or personnel. See subdivision (i) of this
section for special provisions related to purchases of motor fuel and diesel
motor fuel.
(h) Vendor
requirements.
(1) A vendor may not make sales
exempt from tax to diplomatic missions or diplomatic personnel unless (i) the
purchaser displays a valid tax exemption card, issues to the vendor a properly
completed certificate of sales tax exemption for diplomatic missions and
personnel and signs the invoice at the time of sale in the presence of the
vendor; and (ii) the vendor at the time of sale records on each invoice the
name and address of the purchaser entitled to exemption, tax exemption number
of the purchaser, and date of sale and verifies that the purchaser is the same
individual whose photograph appears on the tax exemption card and that the tax
exemption card has not expired. In addition to the foregoing, a vendor may not
make charge sales exempt from tax to diplomatic missions and personnel unless
the purchaser displays a valid tax exemption card with a blue or green
stripe.
(2) A vendor must receive a
separate certificate of sales tax exemption for diplomatic missions and
personnel--single purchase certificate for every cash or cash-equivalent
purchase transaction, even if the diplomatic mission or diplomatic personnel
holds a tax exemption card with a green or blue stripe and such mission or
person has previously issued a certificate of sales tax exemption for
diplomatic missions and personnel--blanket purchase certificate to that
vendor.
(3) At the time of
accepting a certificate of sales tax exemption for diplomatic missions and
personnel, each vendor must, for verification purposes, (i) compare the
photograph on the tax exemption card of the issuer of the certificate to the
individual presenting such certificate, and find them to be the same and (ii)
check the expiration date on the tax exemption card. If the vendor finds from
such comparison that the individual presenting the certificate is not the
person whose photograph appears on the tax exemption card, or if the vendor
finds that the tax exemption card has expired, the vendor should not accept the
certificate or make sales exempt from tax to such person.
(4) Each vendor accepting a certificate of
sales tax exemption for diplomatic missions and personnel must, for
verification purposes, maintain a method of associating sales made to
diplomatic missions and diplomatic personnel with the certificate of sales tax
exemption for diplomatic missions and personnel furnished to the vendor
concerning such sales.
(5) Each
vendor making a sale to diplomatic missions or diplomatic personnel exempt from
tax pursuant to this section must retain, for the full period required by
section
533.2 of this
Title, a copy of the invoice, sales slip, statement and any other original
sales document as well as the exemption certificate issued by the purchaser to
verify all transactions claimed exempt, including sales where the method of
payment is by charge to a third-party charge account, such as that provided by
a bank or other financial services company.
(6) Vendors have the same obligations to
retain records relating to sales to diplomatic missions and diplomatic
personnel as they do with regard to other tax exempt sales. See Part 533 of
this Title with regard to vendor's obligations.
(i) Retail purchases and sales of motor fuel
and diesel motor fuel.
(1)
(i) Diplomatic missions and diplomatic
personnel may not purchase motor fuel or diesel motor fuel exempt from tax at
the retail level at the time of sale regardless of the type of tax exemption
card held by such mission or person. Vendors of motor fuel or diesel motor fuel
may not sell motor fuel or diesel motor fuel to diplomatic missions or
personnel exempt from the taxes on such fuels at the time of sale.
(ii) In order for diplomatic missions and
diplomatic personnel to receive exemption from the taxes imposed on the retail
purchase of motor fuel or diesel motor fuel, (a) the United States Department
of State or American Institute in Taiwan must certify to a major oil company
which issues credit cards that the diplomatic mission or personnel is exempt
from sales and motor fuel or diesel motor fuel taxes and (b) the diplomatic
mission or personnel must obtain a credit card from such an oil company and
purchase the motor fuel or diesel motor fuel with such credit card. Retail
purchases of motor fuel and diesel motor fuel charged to such authorized credit
cards will be billed to such diplomatic missions and diplomatic personnel
exclusive of sales and use taxes and motor fuel or diesel motor fuel tax as the
case may be.
(iii) Notwithstanding
any other provision in this Part, no tax exemption shall be provided nor shall
a refund be granted where diplomatic missions or diplomatic personnel purchase
motor fuel or diesel motor fuel by any means other than through the use of an
authorized oil company credit card in accordance with this
subdivision.
(iv) Diplomatic
missions and diplomatic personnel purchasing tangible personal property other
than motor fuel or diesel motor fuel, such as tires, batteries, oil, windshield
washer fluid or antifreeze or services such as repairs, from a vendor of such
fuels must comply with all provisions of this section with respect to the
purchase of tangible personal property in order to make such purchases exempt
from tax, whether such purchase is made with an authorized oil company credit
card or otherwise.
(2)
(i) Vendors which are issuers of oil company
credit cards may, in agreement with the United States Department of State or
the American Institute in Taiwan, issue authorized credit cards to diplomatic
missions and diplomatic personnel, open credit card accounts for such missions
and personnel, sell motor fuel or diesel motor fuel to such credit card
accountholders, and bill such missions and personnel exclusive of the sales and
motor fuel or diesel motor fuel taxes imposed on such purchases through such
credit cards. Such vendors shall be entitled to a refund or credit of such
taxes in the amount (a) which they have reimbursed directly or indirectly the
retail vendor of such fuel or (b) for which they themselves may be liable to
remit directly to the Department of Taxation and Finance.
(ii) Such refunds or credits shall otherwise
be taken or allowed in accordance with the provisions of Part 560 of this
Title.
(iii) Vendors which sell
motor fuel or diesel motor fuel shall maintain records so as to verify the
amounts of refunds and credits for sales and motor fuel or diesel motor fuel
tax claimed and in accordance with the requirements of paragraph (h)(6) of this
section and Part 533 of this Title.
(3)
(i) The
following provisions of this section do not apply to purchases of motor fuel
and diesel motor fuel made in accordance with this subdivision: subparagraphs
(e)(13)(i)-(ii), the concluding undesignated paragraph of such paragraph (3);
subparagraphs (e)(4)(i), (ii) and (iv); paragraph (e)(5) and paragraphs
(h)(1)-(5) of this section.
(ii)
The other provisions of this section are applicable to purchases of motor fuel
and diesel motor fuel to the extent not inconsistent with this
subdivision.
(j) Utility services.
(1) Diplomatic missions and diplomatic
personnel which have been duly accredited by the United States Department of
State shall be exempt from the tax imposed by subdivision (b) of section
1105 of the Tax Law upon certain utility
services in accordance with the provisions of this subdivision and the other
provisions of this section not inconsistent with this subdivision. The
Department of State will furnish a list of such duly accredited diplomatic
missions and personnel to providers of utility services and to the Department
of Taxation and Finance.
(2)
(i) Diplomatic missions and personnel, to
establish the tax exempt status of their account with a provider of utility
services, must display to the provider of such service a valid tax exemption
card of a diplomatic identification card issued by the United States Department
of State Office of Protocol. Holders of a tax exemption card with a blue stripe
or green strip should also furnish such vendors a certificate of sales tax
exemption for diplomatic missions and personnel--blanket purchase certificate.
Holders of either a tax exemption card with a red stripe or of a diplomat
identification card should also furnish such vendors a certificate of sales tax
exemption for diplomatic missions and personnel--single purchase certificate,
which shall be treated as a blanket purchase certificate for purposes of this
subdivision only.
(ii) The holder
of a tax exemption card with a red stripe is exempt from payment of the tax
imposed upon utility services regardless of any monetary restrictions noted on
said card and regardless of the amount of any single purchase transaction of
utility services.
(3)
(i) The provisions of subparagraphs
(e)(4)(i), (ii) and (iv) and paragraph (e)(5) of this section are not
applicable to purchases of utility services.
(ii) A certificate of sales tax exemption for
diplomatic missions and personnel issued by the holder of a tax exemption card
with a red stripe or of a diplomat identification card for the purchase of
utility services may be accepted by the vendor of the utility services as a
blanket purchase certificate regardless of whether payment for such services is
by cash or cash-equivalent or otherwise.
(iii) Vendors of utility services, in order
to accord exempt status to diplomatic missions and personnel for the purchase
of utility services, must verify (a) that the purchaser's name has been
furnished to the vendor on a list of duly accredited diplomatic missions and
personnel provided by the United States Department of State or the Department
of Taxation and Finance and (b) that the purchaser is an authorized holder of a
tax exemption card or a diplomat identification card which has not expired as
of the date of such diplomatic mission or diplomatic personnel opens an account
and initiates purchase of such services. Once and account has been properly
established as exempt from tax, the provider of utility services may continue
to provide such service exempt from tax on its periodic billings to such
diplomatic missions and diplomatic personnel until notified in writing by the
account holder, the United States Department of State, the American Institute
in Taiwan or the Department of Taxation and Finance that the diplomatic mission
or personnel is no longer entitled to such exemption.
(4) Diplomatic missions and diplomatic
personnel which have been duly accredited by the United States Department of
State to be exempt from the tax on utility services but whose name has not yet
been furnished by such Department to the provider of utility services shall be
entitled to a refund of taxes paid to such provider from the time of such
accreditation upon proper application to the New York State Department of
Taxation and Finance. Any such application for refund should be accompanied by
a copy of the tax exemption card or diplomat identification card issued by the
United States Department of State evidencing entitlement to exemption or
refund. See subdivision (k) of this section regarding refund
procedures.
(k) Refund
procedures. Diplomatic missions and diplomatic personnel which have been issued
documentation evidencing entitlement to exemption other than a tax exemtion
card or diplomat identification card on certain purchases must pay the tax to
the vendor at the time of purchase and apply directly to the Department of
Taxation and Finance for a refund of such taxes paid. Diplomatic missions and
personnel entitled to exemption at the time of purchase but who pay tax
erroneously may also apply to the department for refund of such taxes paid in
error. Any such application for refund should be accompanied by a copy of the
tax exemption card, diplomat identification card or other documentation issued
by the United States Department of State or American Institute in Taiwan
evidencing entitlement to exemption or authorizing such refund of tax paid upon
particular purchase transactions, together with copies of pertinent sales
documents to verify the transaction and amount of tax paid. See Part 534 of
this Title concerning refunds.
(l)
Nondiplomatic activities. Any diplomatic missions and diplomatic personnel
engaged in a trade, business, occupation or profession beyond their diplomatic
activities are subject to tax in the same manner as any other person engaged in
a trade, business, occupation or profession within this State with respect to
such activities.
(m) Foreign
government-owned enterprises and agencies.
(1)
Foreign government-owned enterprises and agencies are not exempt from sales and
use taxes or motor fuel and diesel motor fuel taxes unless so determined by the
United States Department of State or pursuant to the authority granted to the
American Institute in Taiwan. Where foreign government-owned enterprises and
agencies are determined exempt from tax, the provisions of this section shall
apply as far as such provisions can be made applicable to such foreign
government-owned enteprises and agencies and the vendors from whom they make
purchases with such modifications as are necessary in order to adapt such
language to such enterprises, agencies and vendors.
(2) However, unless otherwise prohibited by
the United State Department of State, such enterprises and agencies are
entitled to the other exemptions and exclusions generally provided in the Tax
Law.
Example 1:A foreign government tourist or travel office
which furnishes in formation, booklets, pamphlets, etc., about its country
and/or acts as a full service travel agency (booking reservations on
transportation and accommodations) is not exempt from sales and use taxes,
unless so determined by the United States Department of State.
Example 2:A foreign government-owned steamship line or
airline is generally not exempt from the sales and use taxes on its purchases,
unless so determined by the United States Department of State, but may
otherwise qualify for the exemptions for commercial vessels and commercial
airlines provided for by section 1115 of the Sales Tax Law.