Senate Bill S6472

2009-2010 Legislative Session

Exempts wholesalers from filing annual information returns with the commissioner of taxation and finance for sales made to farm wineries

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S6472 (ACTIVE) - Details

See Assembly Version of this Bill:
A9107
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §1136, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S1759, A1788

2009-S6472 (ACTIVE) - Summary

Exempts wholesalers from filing annual information returns with the commissioner of taxation and finance for sales made to and from farm wineries.

2009-S6472 (ACTIVE) - Sponsor Memo

2009-S6472 (ACTIVE) - Bill Text download pdf

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

                                  6472

                            I N  S E N A T E

                            January 19, 2010
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to exempting  wholesalers  from
  filing  annual  information  returns with the commissioner of taxation
  and finance for sales made to and from farm wineries

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

  Section  1.  Subparagraph  (C)  of  paragraph  1 of subdivision (i) of
section 1136 of the tax law, as added by section 1 of subpart G of  part
V-1 of chapter 57 of the laws of 2009, is amended to read as follows:
  (C)  Every  wholesaler,  as  defined by section three of the alcoholic
beverage control law, if it has made a sale of an alcoholic beverage, as
defined by section four hundred twenty of this chapter, without collect-
ing sales or use tax during the period covered by the return, except (i)
a sale to a person that has furnished an exempt organization certificate
to the wholesaler for that sale; or (ii) a sale  to  another  wholesaler
whose license under the alcoholic beverage control law does not allow it
to make retail sales of the alcoholic beverage.  For each vendor, opera-
tor,  or  recipient  to  whom  the  wholesaler  has  made a sale without
collecting sales or compensating use tax, the return  must  include  the
total  value of those sales made during the period covered by the return
(excepting the sales described in clauses (i) and (ii) of this  subpara-
graph) and the vendor's, operator's or recipient's state liquor authori-
ty  license number, along with the information required by paragraph two
of this subdivision.   THE PROVISIONS OF  THIS  SUBPARAGRAPH  SHALL  NOT
APPLY  TO  A  FARM  WINERY  AS DEFINED IN SECTION THREE OF THE ALCOHOLIC
BEVERAGE CONTROL LAW.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14576-05-0


              

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