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 561.16 - Fuel used for residential or other heating purposes
Current through Register Vol. 46, No. 12, March 20, 2024
Tax Law, § 1101(b)(4)(ii)
(a) Kerosene, propane and fuel oil which are used for residential or other heating purposes are not deemed to be motor fuel for purposes of this Part. The prepaid tax is not required to be paid on such fuels by distributors.
(b)
(c) Upon the sale of any such fuels to a purchaser which does not purchase such fuel for resale, where such sale is not otherwise exempted from the taxes imposed by article 28 and pursuant to the authority of article 29 of the Tax Law, the vendor selling such fuel shall collect the applicable State and local sales tax imposed upon the receipts from the sale of such fuel.