|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to investigations and government operations|
|Feb 03, 2011||referred to investigations and government operations|
senate Bill S2924
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2924 - Details
S2924 - Sponsor Memo
BILL NUMBER:S2924 TITLE OF BILL: An act to amend the tax law, in relation to exempting dyed Diesel motor fuel used in farming or manufacturing PURPOSE: The purpose of this bill is to address an unintended taxation consequence on farms and other small businesses due to the recent implementation of federal regulations regarding the use of dyed non-highway, locomotive or marine (NRLM) diesel fuel. SUMMARY OF PROVISIONS: Section one makes changes to section 282-a of tax law to allow those fuel vendors with a direct pay permit to purchase qualified dyed diesel motor fuel tax free from a fuel importer. In order to qualify for this exemption, the end use of the fuel needs to be either in farming or in manufacturing, processing or assembly. Section two through five make technical changes regarding permit requirements and conforming definitions necessary to implement this policy change. Section six establishes an effective date.
S2924 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2924 2011-2012 Regular Sessions I N S E N A T E February 3, 2011 ___________ Introduced by Sen. VALESKY -- 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 dyed Diesel motor fuel used in farming or manufacturing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 3 of section 282-a of the tax law, as added by chapter 302 of the laws of 2006, is amended to read as follows: (c) Limited exemptions for dyed Diesel motor fuel. (i) The tax imposed by this section shall not apply to: (A) the sale of dyed Diesel motor fuel by the importer to a purchaser under the circumstances and subject to the terms and conditions as follows: (1) the importer and purchaser are each registered under this article as a full Diesel motor fuel distributor; (2) such importer has imported the enhanced Diesel motor fuel, which is the subject of the sale, into the state and has dyed such fuel to comply with the provisions of 26 USC S 4082(a) and the regu- lations thereunder, as may be amended from time to time; (3) the purchaser is a holder of a currently valid direct payment permit issued pursuant to section two hundred eighty-three-d of this article; and (4)(I) such purchaser is primarily engaged in the retail heating oil business and such dyed Diesel motor fuel will be sold by such purchaser in a retail sale to a consumer for use [solely as] BY THAT CONSUMER DIRECTLY AND EXCLUSIVELY FOR residential or commercial heating [oil], OR (II) SUCH DYED DIESEL MOTOR FUEL WILL BE SOLD BY SUCH PURCHASER IN A RETAIL SALE TO A CONSUMER FOR USE BY THAT CONSUMER DIRECTLY AND EXCLU- SIVELY IN THE PRODUCTION OF TANGIBLE PERSONAL PROPERTY FOR SALE BY FARM- ING, BUT ONLY IF ALL OF THAT FUEL IS DELIVERED ON THE FARMING SITE AND IS CONSUMED OTHER THAN ON THE HIGHWAYS OF THIS STATE (EXCEPT FOR USE OF THE HIGHWAY TO REACH ADJACENT FARMLANDS); PROVIDED, HOWEVER, THAT A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08917-01-1
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