N.Y.
Tax Law Section 286
Records to be kept by distributors and others
1.
Every person who imports or causes to be imported into this state, or who produces, refines, manufactures or compounds within this state, or who purchases or sells in this state motor fuel or diesel motor fuel or ingredients which may be manufactured or compounded into motor fuel or diesel motor fuel, shall keep a complete and accurate record of all purchases and sales, uses or other dispositions thereof and a complete and accurate record of the number of gallons of motor fuel or diesel motor fuel or such ingredients so imported, produced, refined, manufactured or compounded. Every person who stores motor fuel or diesel motor fuel shall keep a complete and accurate record of the identity of the person for whom such fuel is stored, the quantity and type of fuel so stored, the identity of the person to whom such fuel is released from storage and the quantity and type of fuel so released. Such records shall be in such form and contain such other information as the commissioner shall prescribe. Said commissioner, by rule or regulation, also may require the delivery of statements to purchasers with consignments of motor fuel or diesel motor fuel or such ingredients, and prescribe the matters to be contained therein. Such records and statements, unless required by the commissioner to be preserved for a longer period, shall be preserved for a period of three years and shall be offered for inspection at any time upon oral or written demand by such commissioner or the commissioner’s duly authorized agents. The commissioner is hereby further authorized to examine the equipment of any such person pertaining to the storage, sale or delivery of such fuels, as well as the stock of such fuels in the possession or control of such person. To verify the amount of tax due under this article, each such person is hereby directed and required to give to the commissioner or the commissioner’s duly authorized representatives, the means, facilities and opportunity for such examinations as are herein provided for and required. Nothing contained in this section shall be construed to require the keeping for purposes of this article of a record of purchases or sales of motor fuel or diesel motor fuel or such ingredients at retail in small quantities (less than thirty gallons) or of motor fuel or diesel motor fuel imported into this state in the tank of a motor vehicle which supplies the fuel for its operation.2.
The commissioner of taxation and finance may, by regulation, provide for the filing of monthly information returns by every person required to maintain such records, as prescribed in subdivision one of this section, which shall in all material respects reflect the information required to be contained in such records. Such returns shall be in such form and contain such other information as the commissioner shall require. In addition, such commissioner shall be authorized to require by regulation the keeping of records and the filing of information returns or reports by any person registered as the owner under the vehicle and traffic law of a motor vehicle using diesel motor fuel which is operated on the public highways of this state and the person having a registration issued pursuant to Vehicle & Traffic Law § 415 (Registration of manufacturers, dealers, repairmen and others)section four hundred fifteen of the vehicle and traffic law in the case of a motor vehicle operated under such registration.3.
The commissioner shall provide for the filing of monthly information returns by every distributor and every person registered as a “retail seller of aviation gasoline” required to maintain such records, as prescribed in subdivision one of this section, which shall in all material respects reflect the information required to be contained in such records. Such returns shall be in such form and contain such other information as the commissioner shall require, provided, the commissioner shall permit the filing of such return on a quarterly basis by distributors whose only sales of diesel motor fuel are sales to consumers solely for the purposes described in subparagraph (i) of paragraph (b) of subdivision three of § 282-A (Imposition of excise tax on Diesel motor fuel)section two hundred eighty-two-a of this article and by persons registered under this article as distributors of kero-jet fuel only.
Source:
Section 286 — Records to be kept by distributors and others, https://www.nysenate.gov/legislation/laws/TAX/286 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
