Bill Text: NY A07923 | 2015-2016 | General Assembly | Introduced

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Bill Title: Computes sales and compensation use tax on retail sales of motor fuel and diesel motor fuel at a rate of cents per gallon.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2016-06-15 - held for consideration in ways and means [A07923 Detail]

Download: New_York-2015-A07923-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7923
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 1, 2015
                                      ___________
       Introduced  by M. of A. PALUMBO -- read once and referred to the Commit-
         tee on as
       AN ACT to amend the tax law, in relation to computing sales and  compen-
         sating  use tax on retail sales of motor fuel and diesel motor fuel at
         a rate of cents per gallon
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision (m) of section 1111 of the tax law is amended
    2  by adding a new paragraph 8 to read as follows:
    3    (8) THE SALES AND COMPENSATING USE TAXES IMPOSED BY SUBPART B OF  PART
    4  ONE  OF ARTICLE TWENTY-NINE OF THIS CHAPTER IN REGARD TO RETAIL SALES OF
    5  MOTOR FUEL AND DIESEL MOTOR FUEL SHALL BE COMPUTED, AS DETERMINED  QUAR-
    6  TERLY BY THE COMMISSIONER, AT A RATE OF CENTS PER GALLON, ROUNDED TO THE
    7  NEAREST CENT, MULTIPLIED BY THE COST OF THE FUEL.
    8    S  2. Paragraph 2 of subdivision (e) of section 1111 of the tax law is
    9  amended by adding a new subparagraph (iv) to read as follows:
   10    (IV) WHERE MOTOR FUEL IS IMPORTED, MANUFACTURED OR SOLD IN, OR  DIESEL
   11  MOTOR FUEL IS SOLD OR USED IN THIS STATE, THE SALES AND COMPENSATING USE
   12  TAXES  IMPOSED  BY  SUBPART B OF PART ONE OF ARTICLE TWENTY-NINE OF THIS
   13  CHAPTER AS COMPUTED PURSUANT TO SUBDIVISION (M) OF THIS SECTION SHALL BE
   14  PREPAID PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE  ON  EACH
   15  GALLON OF FUEL.
   16    S  3. This act shall take effect on the first day of a sales tax quar-
   17  terly period, as described in subdivision (b) of section 1136 of the tax
   18  law, next commencing at least ninety days after the date this act  shall
   19  have  become  a  law  and  shall apply in accordance with the applicable
   20  transitional provisions of sections 1106 and 1217 of the tax law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10467-03-5