S T A T E O F N E W Y O R K
________________________________________________________________________
7162
2011-2012 Regular Sessions
I N A S S E M B L Y
April 14, 2011
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Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to computation of sales and
compensating use taxes when the price paid reflects a discount
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1111 of the tax law is amended by adding a new
subdivision (r) to read as follows:
(R) WITH RESPECT TO THE SALE OR USE OF ANY GOODS OR THE SALE OF ANY
SERVICES SUBJECT TO TAXATION UNDER THIS ARTICLE THE SALES TAX IMPOSED
UNDER SECTION ELEVEN HUNDRED FIVE OF THIS PART AND THE COMPENSATING USE
TAX IMPOSED UNDER SECTION ELEVEN HUNDRED TEN OF THIS PART SHALL BE
COMPUTED ON THE PRICE ACTUALLY PAID BY THE CONSUMER AFTER THE LISTED
PURCHASE PRICE HAS BEEN REDUCED, IF AT ALL, BY ANY DISCOUNT, REBATE,
CREDIT, OR OTHER ABATEMENT OF THE LISTED PURCHASE PRICE, WHETHER SUCH
DISCOUNT, REBATE, CREDIT, OR OTHER ABATEMENT IS DERIVED FROM A MANUFAC-
TURER, DISTRIBUTOR, WHOLESALER, RETAILER, OR ANY ENTITY IN PRIVITY WITH
ANY MANUFACTURER, DISTRIBUTOR, WHOLESALER, OR RETAILER.
S 2. This act shall take effect on the first day of a sales tax quar-
terly period, as such period is described in subdivision (b) of section
1136 of the tax law, beginning at least 60 days after the date this act
shall have become a law and shall apply to sales made on or after that
date although rendered or made under a prior contract.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08218-01-1