LegalFix

301-H - Tax Relating to Carriers.

NY Tax L § 301-H (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(2) The rate of the tax imposed by this section shall be equal to the motor fuel and highway diesel motor fuel rate set by subdivision (e) of section three hundred one-a plus the rate of the supplemental tax imposed by section three hundred one-j of this article as such rates are specified therein and as they may be adjusted as provided in such provisions.

(3) The tax and tax surcharge shall be upon the carrier, as defined for purposes of the tax imposed by article twenty-one-A of this chapter, except that where the carrier is not the owner of such qualified motor vehicle, the tax shall be a joint and several liability upon both the carrier and the owner. The term "qualified motor vehicle" shall mean such term as defined for the purposes of the tax imposed by such article twenty-one-A. The exemptions provided by section five hundred twenty-five of such article twenty-one-A shall apply to the tax imposed by this section.

(b) Procedures. Any provision of section three hundred fifteen or any other provision of this article to the contrary notwithstanding, the provisions of sections five hundred twenty-six through five hundred twenty-eight of this chapter, including those provisions of article twenty-one-A of this chapter relating to penalty and interest, shall apply to the administration of and procedures with respect to the tax imposed by this section in the same manner and with the same force and effect as if the language of such sections had been incorporated in full into this section and had expressly referred to the tax under this section, except to the extent that any such provision is either inconsistent with a provision of this section or is not relevant to this section.

(c) Joint administration. The commissioner shall jointly administer the taxes imposed by article twenty-one-A of this chapter and the tax imposed by this section, including the joint reporting and payment, assessment, collection, determination and refund or credit of such taxes. For purposes of the joint administration of taxes, the commissioner's functions under such article twenty-one-A and any returns, forms, statements, documents or information to be submitted to the commissioner under such article, any books and records to be kept for purposes of the taxes imposed by such article, any schedules of amounts to be collected under such article, and the payment of taxes under such article, shall apply to the tax imposed by this section and shall be on a joint basis with respect to such tax imposed by this section and the taxes imposed by such article.

(d) Disposition. Any provision of this article to the contrary notwithstanding, the full amount of tax, as well as interest and penalties relating thereto, collected or received by the commissioner under this section shall be deposited and disposed of pursuant to the provisions of section one hundred seventy-one-a of this chapter. Beginning on April first, two thousand one, all the moneys received by the commissioner pursuant to the provisions of this section shall be deposited in the dedicated fund accounts pursuant to subdivision (d) of section three hundred one-j of this article.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
301-H - Tax Relating to Carriers.