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 561 - Motor Fuel
Section 561.13 - Registration, returns and reports
Universal Citation: 20 NY Comp Codes Rules and Regs ยง 561.13
Current through Register Vol. 46, No. 12, March 20, 2024
Tax Law, §§ 1134, 1135, 1136
(a) Registration.
Every person selling motor fuel must register as a vendor for sales tax purposes by filing a certificate of registration with the Department of Taxation and Finance. No person may sell motor fuel in this State unless such person has filed a certificate of registration on the form prescribed therefor and has been issued a certificate of authority by the Department of Taxation and Finance.
(b) Returns and reports.
(1) Sales and use tax return. Every person
selling motor fuel must file a quarterly sales and use tax return except
persons qualified pursuant to section
533.3(d)
of this Title to file an annual return. In addition to filing a quarterly
return, any person whose sales of automotive fuel total 100,000 gallons or more
in any quarter of the preceding four quarters, or whose receipts from sales of
motor fuel and taxable receipts, amusement charges and rents total $300,000 or
more in any quarter of the preceding four quarters, shall file a part quarterly
sales and use tax return monthly in accordance with Part 533 of this Title. All
returns and any related schedules must be prepared in accordance with
instructions provided by the Department of Taxation and Finance and must be
completed in full.
(2) Prepaid
sales tax reports. Every distributor of motor fuel and every person selling
motor fuel not exclusively at retail must file, in addition to any other
required sales tax return or report, a report of sales tax prepayment on motor
fuel on the form prescribed therefor. Such report must be filed monthly within
20 days after the end of the preceding month to which the report applies. All
reports and any related schedules must be prepared in accordance with
instructions provided by the Department of Taxation and Finance and must be
completed in full. The reports of distributors must be accompanied by payment
of the full amount of prepaid sales tax due.
(3) Inventory report of retail service
stations. Every retail vendor purchasing, selling or using motor fuel must
file, in addition to any other required sales tax returns or reports, a report
of motor fuel inventory in accordance with the instructions provided. Such
report must be filed quarterly within 25 days of the end of the sales tax
quarter covered by the report.
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