New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter IV - Sales And Use And Other Miscellaneous Taxes
Subchapter A - Sales And Use Taxes
Part 530 - Amount To Be Collected
Section 530.1 - Collection of tax

Universal Citation: 20 NY Comp Codes Rules and Regs ยง 530.1

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

Tax Law, §§ 1111(d), 1132(b)

(a) Every person required to collect the tax shall collect the tax due from the customer, with respect to any receipt, gallon of motor fuel or diesel motor fuel, amusement charge, or hotel room rent subject to tax under article 28 or pursuant to article 29 of the Tax Law. When necessary, tax due shall be rounded up or down. Generally, where the tax to be paid includes a fraction of one cent, the fraction shall not be paid where it is less than one-half cent and a full cent shall be paid where the fraction is one-half cent or more. However, no tax shall be collected from the customer upon sales of tangible personal property which produce a combined State and local tax of five mills or less as stated in section 1132(b) of the Tax Law.

(b) With respect to the collection of tax on receipts from the retail sale of motor fuel and diesel motor fuel at a retail gas station as described in section 1111(m) of the Tax Law, the department may make available charts or schedules showing the amount of tax due per gallon based on pump prices per gallon and tax rates.

"Cross-reference:" See Part 532 of this Title for more information about collection of tax.

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