S T A T E O F N E W Y O R K
________________________________________________________________________
4595
2025-2026 Regular Sessions
I N S E N A T E
February 10, 2025
___________
Introduced by Sen. FERNANDEZ -- 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 establishing an excise tax
on alcoholic beverages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 424 of the tax law is amended by adding a new
subdivision 1-a to read as follows:
1-A. IN ADDITION TO ANY OTHER TAX IMPOSED BY THIS CHAPTER OR OTHER
LAW, THERE IS HEREBY IMPOSED A TAX OF FIVE PERCENT OF THE AMOUNT CHARGED
FOR THE SALE OR TRANSFER OF ALCOHOLIC BEVERAGES TO A RETAIL CUSTOMER BY
A PERSON WHO SELLS ALCOHOLIC BEVERAGES FOR ON THE PREMISES OR OFF THE
PREMISES AT RETAIL. THIS TAX IS IMPOSED ON THE PERSON WHO SELLS ALCOHOL-
IC BEVERAGES ON THE PREMISES OR OFF THE PREMISES AT RETAIL AND SHALL
ACCRUE AT THE TIME OF SUCH SALE OR TRANSFER.
§ 2. Section 435 of the tax law, as added by chapter 69 of the laws of
1978, is amended to read as follows:
§ 435. Deposit and disposition of revenue. 1. All taxes, interest and
penalties collected or received by the tax commission under the taxes
imposed by this article, EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, shall be deposited and disposed of pursuant to the provisions
of section one hundred seventy-one-a of this chapter.
2. ALL TAXES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE
COMMISSIONER UNDER THE TAXES IMPOSED BY SUBDIVISION ONE-A OF SECTION
FOUR HUNDRED TWENTY-FOUR OF THIS ARTICLE LESS ANY AMOUNT DETERMINED BY
THE COMMISSIONER TO BE RESERVED BY THE COMPTROLLER FOR REFUNDS OR
REIMBURSEMENTS SHALL BE PAID BY THE COMPTROLLER TO THE NEW YORK STATE
DRUG TREATMENT AND PUBLIC EDUCATION FUND CREATED PURSUANT TO SECTION
NINETY-NINE-JJ OF THE STATE FINANCE LAW.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09240-01-5