N.Y. Tax Law Section 47*3
Suspension of certain taxes on motor fuel and Diesel motor fuel


* § 47. Suspension of certain taxes on motor fuel and Diesel motor fuel.

(a)

Definitions. For purposes of this section:

(1)

“Distributor” shall have the same meaning as that term is defined in subdivision one of § 282 (Definitions)section two hundred eighty-two of this chapter;

(2)

“Motor fuel” shall have the same meaning as that term is defined in subdivision two of § 282 (Definitions)section two hundred eighty-two of this chapter;

(3)

“Diesel motor fuel” shall mean “highway diesel motor fuel” as defined in subdivision sixteen-a of § 282 (Definitions)section two hundred eighty-two of this chapter;

(4)

The terms “retail sale”, “sale” and “use” shall have the same meanings as those terms are defined in § 1101 (Definitions)section eleven hundred one of this chapter.

(b)

Notwithstanding any other law to the contrary, the following taxes shall be suspended beginning on June first, two thousand twenty-two and ending on December thirty-first, two thousand twenty-two:

(1)

the taxes imposed on Diesel motor fuel by subdivision one of section two hundred eighty-two-a, and sections two hundred eighty-two-b and two hundred eighty-two-c of this chapter;

(2)

the taxes imposed on motor fuel by sections two hundred eighty-four, two hundred eighty-four-a and two hundred eighty-four-c of this chapter; and

(3)

the prepaid sales taxes imposed on motor fuel and Diesel motor fuel by subdivision (a) of § 1102 (Prepayment of sales tax on motor fuel and diesel motor fuel)section eleven hundred two of this chapter.

(c)

Notwithstanding any other law to the contrary, beginning on June first, two thousand twenty-two and ending on December thirty-first, two thousand twenty-two, the state sales and use taxes imposed by sections eleven hundred five, eleven hundred nine and eleven hundred ten of this chapter shall not apply to sales or uses of motor fuel or Diesel motor fuel, and the provisions of subdivision (e), and paragraphs one and two of subdivision (m) of § 1111 (Special rules for computing receipts and consideration)section eleven hundred eleven of this chapter shall be suspended. Nothing in this subdivision shall affect the application of the taxes imposed pursuant to the authority of article 29 (Taxes Authorized For Cities, Counties and School Districts)article twenty-nine of this chapter to motor fuel or Diesel motor fuel.

(d)

The taxes described in subdivisions (b) and (c) of this section shall not be included in the price of motor fuel or Diesel motor fuel sold for the period beginning on June first, two thousand twenty-two and ending on December thirty-first, two thousand twenty-two. Any retailer that purchases motor fuel or Diesel motor fuel during such period upon which such taxes were previously paid and included in the price paid by such retailer shall be entitled to a refund or credit of such taxes.

(e)

Notwithstanding any other law to the contrary, beginning on June first, two thousand twenty-two and ending on December thirty-first, two thousand twenty-two, the composite rates of tax applicable for purposes of subdivision two of section five hundred three-a and subdivision (b) of § 523 (Fuel use tax)section five hundred twenty-three of this chapter shall be determined without reference to the suspension of the taxes described by subdivisions (b) and (c) of this section, but shall be computed using the respective rates in effect on May thirty-first, two thousand twenty-two.

(f)

Notwithstanding any other provision of law to the contrary, on or before the fifth day each month for the period beginning July, two thousand twenty-two and ending January, two thousand twenty-three, the comptroller shall, in consultation with the director of the division of the budget, transfer from the general fund to the mass transportation operating assistance fund created by State Finance Law § 88-A (Mass transportation operating assistance fund)section eighty-eight-a of the state finance law, the dedicated highway and bridge trust fund established by section eighty-nine-b of such law, and the dedicated mass transportation trust fund established by section eighty-nine-c of such law, amounts equal to the revenue distributed to such funds from the taxes described in subdivisions (b) and (c) of this section in state fiscal year two thousand twenty-one--two thousand twenty-two, adjusted by the change in such amounts projected for state fiscal year two thousand twenty-two--two thousand twenty-three as if the suspension of such taxes had not occurred, as reflected in the state fiscal year two thousand twenty-two--two thousand twenty-three enacted budget.

(g)

Every person engaged in the retail sale of motor fuel or Diesel motor fuel or a distributor of such fuels, shall comply with the provisions of this section by reducing the prices charged for motor fuel and Diesel motor fuel in an amount equal to any reduction in taxes prepaid by the distributor or imposed on retail customers resulting from the suspension of taxes on motor fuel and Diesel motor fuel under this section. * NB There are 3 § 47’s

Source: Section 47*3 — Suspension of certain taxes on motor fuel and Diesel motor fuel, https://www.­nysenate.­gov/legislation/laws/TAX/47*3 (updated Apr. 29, 2022; accessed May 4, 2024).

1
Short title
2
Definitions
3
Exemption from certain taxes granted to certain corporations engaged in the operation of vessels in foreign commerce
4
Exemption from certain excise and sales taxes granted to the United Nations
5
Obtaining and furnishing taxpayer identification information
5‑A
Certification of registration to collect sales and compensating use taxes by certain contractors, affiliates and subcontractors
6
Filing of warrants in the department of state
7
Inapplicability of certain money judgment enforcement procedures
8
Exemption from taxes granted to REMICs
9
Electronic funds transfer by certain taxpayers remitting withholding taxes
10
Electronic funds transfer by certain taxpayers remitting sales and compensating use taxes, prepaid sales and compensating use taxes on mo...
11
Certified capital companies
12
Internet
13
Exemption from taxation for victims or targets of Nazi persecution
14
Empire zones program
14‑A
IMB credit for energy taxes
15
QEZE credit for real property taxes
16
QEZE tax reduction credit
17
Empire zones tax benefits report
18
Low-income housing credit
19
Green building credit
20
Credit for transportation improvement contributions
21
Brownfield redevelopment tax credit
21*2
Disclosure of taxpayer information in cases involving abandoned property
22
Tax credit for remediated brownfields
23
Environmental remediation insurance credit
24
Empire state film production credit
24‑A
Musical and theatrical production credit
24‑B
Television writers’ and directors’ fees and salaries credit
24‑C
New York city musical and theatrical production tax credit
25
Disclosure of certain transactions and related information
26
Security training tax credit
27
Suspension of tax-exempt status of terrorist organizations
28
Empire state commercial production credit
28*2
Biofuel production credit
29
Mandatory electronic filing and payment
30
Bad check or failed electronic funds withdrawal fee
31
Excelsior jobs program credit
31*2
Empire state film post production credit
32
Registration of tax return preparers
33
Correction periods for electronic tax documents and payments
33*2
Temporary deferral of certain tax credits
34
Tax return preparers and software companies not to charge separately for New York e-file services
34*2
Temporary deferral payout credits
35
Use of electronic means of communication
35*2
Economic transformation and facility redevelopment program tax credit
36
Empire state jobs retention program credit
37
Alcoholic beverage production credit
38
New York innovation hot spot program tax benefits
38*2
Minimum wage reimbursement credit
39
Tax benefits for businesses located in tax-free NY areas and employees of such businesses
39‑A
Penalties for fraud in the START-UP NY program
40
The tax-free NY area tax elimination credit
41
Limitations on tax credit eligibility
42
Farm workforce retention credit
42‑A
Farm employer overtime credit
43
Life sciences research and development tax credit
43*2
Single member limited liability companies and eligibility for tax credits
44
Employer-provided child care credit
45
Empire state digital gaming media production credit
46
Restaurant return-to-work tax credit
46‑A
Additional restaurant return-to-work tax credit
47
COVID-19 capital costs tax credit
47*2
Grade no
47*3
Suspension of certain taxes on motor fuel and Diesel motor fuel
48
Child care creation and expansion tax credit
49
Newspaper and broadcast media jobs tax credit
49*2
Commercial security tax credit

Accessed:
May 4, 2024

Last modified:
Apr. 29, 2022

§ 47*3’s source at nysenate​.gov

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