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Assembly Bill A5723

2009-2010 Legislative Session

Exempts from sales and compensating use taxes waste containers, compactors and portable toilets sold to persons performing waste removal or portable toilet services

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A5723 - Details

Current Committee:
Assembly Ways And Means

2009-A5723 - Summary

Exempts from sales and compensating use taxes containers, compactors, portable toilets sold to and for use by persons performing waste removal or portable toilet services.

2009-A5723 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5723

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the  tax  law,  in  relation  to  exempting  containers,
  compactors  and  portable  toilets  sold  to  persons performing waste
  removal or portable toilet service from  sales  and  compensating  use
  taxes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (ee) of section 1115 of the tax law,  as  added
by  section  1 of part C of chapter 2 of the laws of 2005, is relettered
subdivision (gg) and a new subdivision (hh) is added to read as follows:
  (HH) (1) RECEIPTS FROM EVERY SALE OF COMPACTORS, CONTAINERS AND  PORT-
ABLE TOILETS TO AND THE USE BY PERSONS PERFORMING WASTE REMOVAL OR PORT-
ABLE  TOILET  SERVICES  SHALL  BE EXEMPT FROM SALES AND COMPENSATING USE
TAXES IMPOSED BY THIS ARTICLE.
  (2) FOR THE PURPOSES OF THIS SUBDIVISION, "COMPACTORS"  AND  "CONTAIN-
ERS"  SHALL  MEAN  RECEPTACLES USED FOR HOLDING AND/OR COMPACTING WASTE,
REFUSE, SLUDGE, COMPOST OR RECYCLABLE GOODS, AND  SHALL  INCLUDE  CARTS,
BINS, BAGS AND OTHER TYPES OF CONTAINERS AND COMPACTORS.
  S  2. This act shall take effect September 1, 2010; provided, however,
that the amendment to subdivision (gg) of section 1115 of  the  tax  law
made  by  section  one  of  this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09028-01-9

2009-A5723A (ACTIVE) - Details

Current Committee:
Assembly Ways And Means

2009-A5723A (ACTIVE) - Summary

Exempts from sales and compensating use taxes containers, compactors, portable toilets sold to and for use by persons performing waste removal or portable toilet services.

2009-A5723A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5723--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Ways and Means -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  tax  law,  in relation to exempting containers,
  compactors and portable  toilets  sold  to  persons  performing  waste
  removal  or  portable  toilet  service from sales and compensating use
  taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision (ee) of section 1115 of the tax law, as added
by section 1 of part C of chapter 2 of the laws of 2005,  is  relettered
subdivision (gg) and a new subdivision (hh) is added to read as follows:
  (HH)  (1) RECEIPTS FROM EVERY SALE OF COMPACTORS, CONTAINERS AND PORT-
ABLE TOILETS TO AND THE USE BY PERSONS PERFORMING WASTE REMOVAL OR PORT-
ABLE TOILET SERVICES SHALL BE EXEMPT FROM  SALES  AND  COMPENSATING  USE
TAXES IMPOSED BY THIS ARTICLE.
  (2)  FOR  THE PURPOSES OF THIS SUBDIVISION, "COMPACTORS" AND "CONTAIN-
ERS" SHALL MEAN RECEPTACLES USED FOR HOLDING  AND/OR  COMPACTING  WASTE,
REFUSE,  SLUDGE,  COMPOST  OR RECYCLABLE GOODS, AND SHALL INCLUDE CARTS,
BINS, BAGS AND OTHER TYPES OF CONTAINERS AND COMPACTORS.
  S 2. This act shall take effect September 1, 2009; provided,  however,
that  the  amendment  to subdivision (gg) of section 1115 of the tax law
made by section one of this act shall not  affect  the  repeal  of  such
subdivision and shall be deemed to be repealed therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09028-02-9

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