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 561.9 - Refunds and credits of prepaid tax-general

Universal Citation: 20 NY Comp Codes Rules and Regs ยง 561.9

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

(a) Pursuant to section 561.10 of this Part, a refund or credit of prepaid tax will be allowed under certain circumstances to the party which has paid or had passed through to it such prepaid tax.

(b) A refund of prepaid tax will be allowed only to the extent that the prepaid tax which has been paid by or passed through to the claimant with respect to particular motor fuel exceeds the liability for tax incurred by the claimant on the retail sale or use of such motor fuel.

(c) A claim for a credit of prepaid tax may not exceed the amount of such tax actually paid by or passed through to the claimant with respect to particular motor fuel.

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