NY State Senate Bill 2017-S3664A

Senate Bill S3664A

2017-2018 Legislative Session

Provides sales and use tax exemption for services rendered for the maintenance of certain trucks

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2018	reported and committed to finance
Feb 06, 2018	print number 3664a
Feb 06, 2018	amend and recommit to energy and telecommunications
Jan 03, 2018	referred to energy and telecommunications
Jan 25, 2017	referred to energy and telecommunications

Votes

- Mar 21, 2018 - Energy And Telecommunications Committee Vote
  S3664A
  
  7
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Mar 21, 2018
      
      aye (7)
      
      Comrie
      
      Croci
      
      Griffo
      
      Kennedy
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      aye wr (4)
      
      Dilan
      
      Little
      
      Parker
      
      Peralta

Bill Amendments

Original

A (Active)

2017-S3664 - Details

See Assembly Version of this Bill:: A5051
Current Committee:: Senate Finance
Law Section:: Tax Law
Laws Affected:: Amd §§1105, 1107, 1108, 1109, 1115 & 1210, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6617
2011-2012: A5984
2013-2014: A6476
2015-2016: A3567
2019-2020: S836, A6216
2021-2022: S1694

2017-S3664 - Summary

Exempts services rendered with respect to the maintenance and repair of trucks having a gross weight exceeding 33,000 pounds from the state portion of the sales and compensating use tax.

2017-S3664 - Sponsor Memo

                                 BILL NUMBER:  S3664

 TITLE OF BILL :  An act to amend the tax law, in relation to sales
and use tax exemption for services rendered with respect to the
maintenance and repair of trucks having a gross weight exceeding
33,000 pounds

 PURPOSE :

To provide a sales and use tax exemption from the State portion of
such tax to the sales, lease, maintenance and repair of trucks.

 SUMMARY OF PROVISIONS :

Section 1 exempts maintenance and repair services performed on certain
trucks from the state sales tax.

Sections 2 through 4 provide that the exception added by Section 1 and

Section 5 of this act do not apply to any local sales tax imposed to
retire MAC bonds pursuant to sections 1107 and 1108 of the Tax Law,
nor to the additional sales tax for a metropolitan commuter
transportation district imposed pursuant to section 1109 of the Tax
Law.

Section 5 adds a new paragraph 44 to subdivision (a) of section 1115

of the Tax Law to exempt from the State portion of the sales and use
tax the purchase or lease of trucks in excess of 33,000 pounds, and
the parts, equipment and other property used to maintain or repair
such trucks.

Section 6 provides that the exception added by Section 1 and Section 5
of this act does not apply to city and county taxes imposed pursuant
to section 1210 of the Tax Law.

Section 7 sets forth the effective date.

 JUSTIFICATION :

Chapter 755 of 1987 exempted the purchase, lease and repair of heavy
tractors, trailers and semitrailers from State and local sales and use
taxes, used in combinations with gross vehicle weights of over 26,000
pounds, and the property installed thereon for their equipping,
maintenance or repair. The purposes of Chapter 755 were to increase
the competitiveness of New York's interstate trucking industry by
providing a sales tax exemption similar to that given in large
neighboring states, to remove the incentive for performing maintenance
outside New York and to encourage the purchase and use of newer, more
productive and safer equipment in New York. Chapter 755 did not,
however, provide these exemptions for other heavy trucks that are not
tractor-trailer combinations.

These trucks, such as heavy delivery or dump trucks or vehicles
engaged in a roll off business, pay the same road and fuel taxes, are
subject to the same permits as all tractor and trailer combinations
and otherwise are treated the same as tractor and trailer
combinations, but do not enjoy the same sales tax exempt status. The
arguments in support of Chapter 755 apply equally to all trucks in New
York. This bill levels the competitive playing field for New York
State-based truck operators and thereby will encourage the development
and expansion of the trucking industry in this State.

 LEGISLATIVE HISTORY :

2015-16: A.3567 Held for consideration in Ways and Means
2013-14: A.6476 Died in Ways and Means Committee
2011-12: A.5984 Held for consideration in Ways and Means
2009-10: A.6617 Died in Ways and Means Committee
2007-08: A.5130 Died in Ways and Means Committee
2005-06: A.6313 Died in Ways and Means Committee
2003-04: A.3690 Died in Ways and Means Committee
2001-02: A.4480 Died in Ways and Means Committee
1999-00: A.4820 Died in Ways and Means Committee

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect December 1, 2017; provided however, that
the exemption and exception provided for in sections one through six
of this act shall apply to retail sales or uses occurring on or after
December 1, 2017.

2017-S3664 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3664
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the tax law, in relation to sales and use tax exemption
   for services rendered with respect to the maintenance  and  repair  of
   trucks having a gross weight exceeding 33,000 pounds

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 3 of subdivision (c) of section 1105 of  the  tax
 law is amended by adding a new subparagraph (xii) to read as follows:
   (XII)  SUCH  SERVICES  RENDERED  WITH  RESPECT  TO THE MAINTENANCE AND
 REPAIR OF TRUCKS AND PROPERTY USED BY OR PURCHASED FOR SUCH  TRUCKS,  AS
 SUCH TRUCKS AND PROPERTY ARE SPECIFIED IN PARAGRAPH FORTY-FOUR OF SUBDI-
 VISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE.
   §  2.  Clause  1 of subdivision (b) of section 1107 of the tax law, as
 amended by chapter 472 of the laws  of  2000,  is  amended  to  read  as
 follows:
   (1) The exemptions provided for in PARAGRAPH FORTY-FOUR OF SUBDIVISION
 (A)  AND subdivision (c) of section eleven hundred fifteen OF THIS ARTI-
 CLE AND THE EXCEPTION PROVIDED FOR IN SUBPARAGRAPH  (XII)  OF  PARAGRAPH
 THREE  OF  SUBDIVISION  (C)  OF SECTION ELEVEN HUNDRED FIVE OF THIS PART
 shall not apply to fuel, gas, electricity, refrigeration and steam,  and
 gas,  electric,  refrigeration  and steam service of whatever nature for
 use or consumption directly and exclusively in the  production  of  gas,
 electricity, refrigeration or steam.
   §  3.  Subdivision  (b)  of  section 1108 of the tax law is amended by
 adding a new paragraph 6 to read as follows:
   (6) THE EXEMPTION PROVIDED FOR IN PARAGRAPH FORTY-FOUR OF  SUBDIVISION
 (A)  OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE AND THE EXCEPTION
 PROVIDED FOR IN SUBPARAGRAPH (XII) OF PARAGRAPH THREE OF SUBDIVISION (C)
 OF SECTION ELEVEN HUNDRED FIVE OF THIS PART SHALL NOT APPLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05862-01-7

 S. 3664                             2
 
   § 4. Subdivision (a) of section 1109 of the tax  law,  as  amended  by
 section  1  of  part BB of chapter 61 of the laws of 2005, is amended to
 read as follows:
   (a)  General.  In  addition  to  the  taxes imposed by sections eleven
 hundred five and eleven hundred ten of this  [article]  PART,  there  is
 hereby  imposed within the territorial limits of the metropolitan commu-
 ter transportation district created and established pursuant to  section
 twelve  hundred sixty-two of the public authorities law, and there shall
 be paid, additional taxes, at the rate of three-eighths of one  percent,
 which shall be identical to the taxes imposed by sections eleven hundred
 five  and  eleven  hundred  ten of this [article] PART, EXCEPT THAT WITH
 RESPECT TO THE TAX IMPOSED BY THIS SECTION THE EXEMPTION PROVIDED FOR IN
 PARAGRAPH FORTY-FOUR  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN  HUNDRED
 FIFTEEN  OF  THIS ARTICLE AND THE EXCEPTION PROVIDED FOR IN SUBPARAGRAPH
 (XII) OF PARAGRAPH THREE OF SUBDIVISION (C) OF  SECTION  ELEVEN  HUNDRED
 FIVE  OF  THIS  PART SHALL NOT APPLY.  Such sections ELEVEN HUNDRED FIVE
 AND ELEVEN HUNDRED TEN OF THIS PART and the other sections of this arti-
 cle, including the definition and THE OTHER exemption provisions,  shall
 apply  for  purposes  of  the  taxes imposed by this section in the same
 manner and with the same force and effect as if the  language  of  those
 sections  had  been  incorporated  in  full  into  this  section and had
 expressly referred to the taxes imposed by this section.
   § 5. Subdivision (a) of section 1115 of the  tax  law  is  amended  by
 adding a new paragraph 44 to read as follows:
   (44)  TRUCKS,  AS  SUCH  TERM IS DEFINED IN SECTION ONE HUNDRED FIFTY-
 EIGHT OF THE VEHICLE AND TRAFFIC LAW, WHETHER PURCHASED OR  LEASED,  AND
 PROPERTY  INSTALLED ON SUCH VEHICLES FOR THEIR EQUIPPING, MAINTENANCE OR
 REPAIR, PROVIDED SUCH VEHICLES HAVE A GROSS VEHICLE WEIGHT WHICH EXCEEDS
 THIRTY-THREE THOUSAND POUNDS.
   § 6. The opening paragraph  of  paragraph  1  of  subdivision  (a)  of
 section 1210 of the tax law, as amended by section 2 of part WW of chap-
 ter 60 of the laws of 2016, is amended to read as follows:
   Either,  all  of  the  taxes described in article twenty-eight of this
 chapter, at the same uniform rate, as to which taxes all  provisions  of
 the  local  laws, ordinances or resolutions imposing such taxes shall be
 identical, except as to rate and except as otherwise provided, with  the
 corresponding  provisions  in  such  article twenty-eight, including the
 definition and exemption provisions of such  article,  EXCEPT  THAT  THE
 EXEMPTION PROVIDED IN PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER AND THE EXCEPTION PROVIDED FOR IN
 SUBPARAGRAPH  (XII)  OF  PARAGRAPH  THREE  OF SUBDIVISION (C) OF SECTION
 ELEVEN HUNDRED FIVE OF THIS CHAPTER SHALL  NOT  APPLY,  so  far  as  the
 provisions  of  such  article twenty-eight can be made applicable to the
 taxes imposed by such city or  county  and  with  such  limitations  and
 special  provisions  as are set forth in this article. The taxes author-
 ized under this subdivision may not be  imposed  by  a  city  or  county
 unless  the  local law, ordinance or resolution imposes such taxes so as
 to include all portions and all types of  receipts,  charges  or  rents,
 subject  to  state  tax  under  sections  eleven hundred five and eleven
 hundred ten of this chapter, except as otherwise provided.
   § 7. This act shall take effect December 1,  2017;  provided  however,
 that  the  exemption  and exception provided for in sections one through
 six of this act shall apply to retail sales  or  uses  occurring  on  or
 after December 1, 2017.

2017-S3664A (ACTIVE) - Details

See Assembly Version of this Bill:: A5051
Current Committee:: Senate Finance
Law Section:: Tax Law
Laws Affected:: Amd §§1105, 1107, 1108, 1109, 1115 & 1210, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6617
2011-2012: A5984
2013-2014: A6476
2015-2016: A3567
2019-2020: S836, A6216
2021-2022: S1694

2017-S3664A (ACTIVE) - Summary

Exempts services rendered with respect to the maintenance and repair of trucks having a gross weight exceeding 33,000 pounds from the state portion of the sales and compensating use tax.

2017-S3664A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3664A

SPONSOR: GALLIVAN
 
TITLE OF BILL:  An act to amend the tax law, in relation to sales and
use tax exemption for services rendered with respect to the maintenance
and repair of trucks having a gross weight exceeding 33,000 pounds

 
PURPOSE:

To provide a sales and use tax exemption from the State portion of such
tax to the sales, lease, maintenance and repair of trucks.

 
SUMMARY OF PROVISIONS:

Section 1 exempts maintenance and repair services performed on certain
trucks from the state sales tax.

Sections 2 through 4 provide that the exception added by Section 1 and

Section 5 of this act do not apply to any local sales tax imposed to
retire MAC bonds pursuant to sections 1107 and 1108 of the Tax Law, nor

to the additional sales tax for a metropolitan commuter transportation
district imposed pursuant to section 1109 of the Tax Law.

Section 5 adds a new paragraph 44 to subdivision (a) of section 1115 of
the Tax Law to exempt from the State portion of the sales and use tax
the purchase or lease of trucks in excess of 33,000 pounds, and the
parts, equipment and other property used to maintain or repair such
trucks.

Section 6 provides that the exception added by Section 1 and Section 5
of this act does not apply to city and county taxes imposed pursuant to
section 1210 of the Tax Law.

Section 7 sets forth the effective date.

 
JUSTIFICATION:

Chapter 755 of 1987 exempted the purchase, lease and repair of heavy
tractors, trailers and semitrailers from State and local sales and use
taxes, used in combinations with gross vehicle weights of over 26,000
pounds, and the property installed thereon for their equipping, mainte-
nance or repair. The purposes of Chapter 755 were to increase the
competitiveness of New York's interstate trucking industry by providing
a sales tax exemption similar to that given in large neighboring states,
to remove the incentive for performing maintenance outside New York and
to encourage the purchase and use of newer, more productive and safer
equipment in New York. Chapter 755 did not, however, provide these
exemptions for other heavy trucks that are not tractor-trailer combina-
tions.

These trucks, such as heavy delivery or dump trucks or vehicles engaged
in a roll off business, pay the same road and fuel taxes, are subject to
the same permits as all tractor and trailer combinations and otherwise
are treated the same as tractor and trailer combinations, but do not
enjoy the same sales tax exempt status. The arguments in support of
Chapter 755 apply equally to all trucks in New York. This bill levels
the competitive playing field for New York State-based truck operators

and thereby will encourage the development and expansion of the trucking
industry in this State.

 
LEGISLATIVE HISTORY:

2015-16: A.3567 Held for consideration in Ways and Means
2013-14: A.6476 Died in Ways and Means Committee
2011-12: A.5984 Held for consideration in Ways and Means
2009-10: A.6617 Died in Ways and Means Committee
2007-08: A.5130 Died in Ways and Means Committee
2005-06: A.6313 Died in Ways and Means Committee
2003-04: A.3690 Died in Ways and Means Committee
2001-02: A.4480 Died in Ways and Means Committee
1999-00: A.4820 Died in Ways and Means Committee

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect December 1, 2019; provided however, that the
exemption and exception provided for in sections one through six of this
act shall apply to retail sales or uses occurring on or after December
1, 2019.

2017-S3664A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3664--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  recommitted  to  the Committee on Energy and Telecommuni-
   cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the tax law, in relation to sales and use tax exemption
   for services rendered with respect to the maintenance  and  repair  of
   trucks having a gross weight exceeding 33,000 pounds
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 3 of subdivision (c) of section 1105 of  the  tax
 law is amended by adding a new subparagraph (xii) to read as follows:
   (XII)  SUCH  SERVICES  RENDERED  WITH  RESPECT  TO THE MAINTENANCE AND
 REPAIR OF TRUCKS AND PROPERTY USED BY OR PURCHASED FOR SUCH  TRUCKS,  AS
 SUCH TRUCKS AND PROPERTY ARE SPECIFIED IN PARAGRAPH FORTY-FIVE OF SUBDI-
 VISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE.
   §  2.  Clause  1 of subdivision (b) of section 1107 of the tax law, as
 amended by chapter 472 of the laws  of  2000,  is  amended  to  read  as
 follows:
   (1) The exemptions provided for in PARAGRAPH FORTY-FIVE OF SUBDIVISION
 (A)  AND subdivision (c) of section eleven hundred fifteen OF THIS ARTI-
 CLE AND THE EXCEPTION PROVIDED FOR IN SUBPARAGRAPH  (XII)  OF  PARAGRAPH
 THREE  OF  SUBDIVISION  (C)  OF SECTION ELEVEN HUNDRED FIVE OF THIS PART
 shall not apply to fuel, gas, electricity, refrigeration and steam,  and
 gas,  electric,  refrigeration  and steam service of whatever nature for
 use or consumption directly and exclusively in the  production  of  gas,
 electricity, refrigeration or steam.
   §  3.  Subdivision  (b)  of  section 1108 of the tax law is amended by
 adding a new paragraph 6 to read as follows:
   (6) THE EXEMPTION PROVIDED FOR IN PARAGRAPH FORTY-FIVE OF  SUBDIVISION
 (A)  OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE AND THE EXCEPTION
 PROVIDED FOR IN SUBPARAGRAPH (XII) OF PARAGRAPH THREE OF SUBDIVISION (C)
 OF SECTION ELEVEN HUNDRED FIVE OF THIS PART SHALL NOT APPLY.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05862-02-8

 S. 3664--A                          2
 
   § 4. Subdivision (a) of section 1109 of the tax  law,  as  amended  by
 section  1  of  part BB of chapter 61 of the laws of 2005, is amended to
 read as follows:
   (a)  General.  In  addition  to  the  taxes imposed by sections eleven
 hundred five and eleven hundred ten of this  [article]  PART,  there  is
 hereby  imposed within the territorial limits of the metropolitan commu-
 ter transportation district created and established pursuant to  section
 twelve  hundred sixty-two of the public authorities law, and there shall
 be paid, additional taxes, at the rate of three-eighths of one  percent,
 which shall be identical to the taxes imposed by sections eleven hundred
 five  and  eleven  hundred  ten of this [article] PART, EXCEPT THAT WITH
 RESPECT TO THE TAX IMPOSED BY THIS SECTION THE EXEMPTION PROVIDED FOR IN
 PARAGRAPH FORTY-FIVE  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN  HUNDRED
 FIFTEEN  OF  THIS ARTICLE AND THE EXCEPTION PROVIDED FOR IN SUBPARAGRAPH
 (XII) OF PARAGRAPH THREE OF SUBDIVISION (C) OF  SECTION  ELEVEN  HUNDRED
 FIVE  OF  THIS  PART SHALL NOT APPLY.  Such sections ELEVEN HUNDRED FIVE
 AND ELEVEN HUNDRED TEN OF THIS PART and the other sections of this arti-
 cle, including the definition and THE OTHER exemption provisions,  shall
 apply  for  purposes  of  the  taxes imposed by this section in the same
 manner and with the same force and effect as if the  language  of  those
 sections  had  been  incorporated  in  full  into  this  section and had
 expressly referred to the taxes imposed by this section.
   § 5. Subdivision (a) of section 1115 of the  tax  law  is  amended  by
 adding a new paragraph 45 to read as follows:
   (45)  TRUCKS,  AS  SUCH  TERM IS DEFINED IN SECTION ONE HUNDRED FIFTY-
 EIGHT OF THE VEHICLE AND TRAFFIC LAW, WHETHER PURCHASED OR  LEASED,  AND
 PROPERTY  INSTALLED ON SUCH VEHICLES FOR THEIR EQUIPPING, MAINTENANCE OR
 REPAIR, PROVIDED SUCH VEHICLES HAVE A GROSS VEHICLE WEIGHT WHICH EXCEEDS
 THIRTY-THREE THOUSAND POUNDS.
   § 6. The opening paragraph  of  paragraph  1  of  subdivision  (a)  of
 section 1210 of the tax law, as amended by section 2 of part WW of chap-
 ter 60 of the laws of 2016, is amended to read as follows:
   Either,  all  of  the  taxes described in article twenty-eight of this
 chapter, at the same uniform rate, as to which taxes all  provisions  of
 the  local  laws, ordinances or resolutions imposing such taxes shall be
 identical, except as to rate and except as otherwise provided, with  the
 corresponding  provisions  in  such  article twenty-eight, including the
 definition and exemption provisions of such  article,  EXCEPT  THAT  THE
 EXEMPTION PROVIDED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER AND THE EXCEPTION PROVIDED FOR IN
 SUBPARAGRAPH  (XII)  OF  PARAGRAPH  THREE  OF SUBDIVISION (C) OF SECTION
 ELEVEN HUNDRED FIVE OF THIS CHAPTER SHALL  NOT  APPLY,  so  far  as  the
 provisions  of  such  article twenty-eight can be made applicable to the
 taxes imposed by such city or  county  and  with  such  limitations  and
 special  provisions  as are set forth in this article. The taxes author-
 ized under this subdivision may not be  imposed  by  a  city  or  county
 unless  the  local law, ordinance or resolution imposes such taxes so as
 to include all portions and all types of  receipts,  charges  or  rents,
 subject  to  state  tax  under  sections  eleven hundred five and eleven
 hundred ten of this chapter, except as otherwise provided.
   § 7. This act shall take effect December 1,  2019;  provided  however,
 that  the  exemption  and exception provided for in sections one through
 six of this act shall apply to retail sales  or  uses  occurring  on  or
 after December 1, 2019.

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