senate Bill S7974

2019-2020 Legislative Session

Relates to codifying existing guidance on the application of sales and use tax

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Budget And Revenue Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2020 referred to budget and revenue

Co-Sponsors

S7974 (ACTIVE) - Details

See Assembly Version of this Bill:
A10091
Law Section:
Tax Law
Laws Affected:
Amd §1101, Tax L

S7974 (ACTIVE) - Summary

Codifies existing guidance on the application of sales and use tax and amends the definition of receipt to include consideration received by a vendor from third parties in certain circumstances.

S7974 (ACTIVE) - Sponsor Memo

S7974 (ACTIVE) - Bill Text download pdf


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

                                  7974

                            I N  S E N A T E

                              March 5, 2020
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Budget and Revenue

AN ACT to amend the tax law, in relation to codifying existing  guidance
  on the application of sales and use tax

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

  Section 1. Paragraph 3 of subdivision (b) of section 1101 of  the  tax
law,  as  amended  by  section 21 of part Y of chapter 63 of the laws of
2000, is amended to read as follows:
  (3) Receipt. (I) The amount of the sale price of any property and  the
charge for any service taxable under this article, including gas and gas
service  and electricity and electric service of whatever nature, valued
in money, whether received in money or otherwise, including  any  amount
for  which credit is allowed by the vendor to the purchaser, without any
deduction for expenses or early payment discounts and also including any
charges by the vendor to the purchaser for shipping  or  delivery,  and,
with  respect  to  gas  and  gas  service  and  electricity and electric
service, any charges by the vendor for transportation,  transmission  or
distribution,  regardless  of whether such charges are separately stated
in the written contract, if  any,  or  on  the  bill  rendered  to  such
purchaser  and regardless of whether such shipping or delivery or trans-
portation, transmission, or distribution is provided by such vendor or a
third party, but excluding any credit  for  tangible  personal  property
accepted  in  part  payment  and  intended for resale. For special rules
governing computation of receipts, see section eleven hundred eleven  OF
THIS ARTICLE.
  (II)  RECEIPT  SHALL INCLUDE CONSIDERATION RECEIVED BY THE VENDOR FROM
THIRD PARTIES IF:
  (A) THE VENDOR RECEIVES CONSIDERATION FROM  A  PARTY  OTHER  THAN  THE
PURCHASER AND THE CONSIDERATION IS DIRECTLY RELATED TO A PRICE REDUCTION
OR DISCOUNT ON THE SALE;
  (B)  THE VENDOR HAS AN OBLIGATION TO PASS THROUGH TO THE PURCHASER THE
PRICE REDUCTION OR DISCOUNT;

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

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