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This entry was published on 2014-09-22
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SECTION 427
Requirement and content of invoice on the sale of liquors
Tax (TAX) CHAPTER 60, ARTICLE 18
§ 427. Requirement and content of invoice on the sale of liquors. 1.
Every sale of liquors, except a sale at retail of ninety liters or less,
shall be evidenced by and recorded on an individual, serially numbered
invoice, and, with respect to each such sale, the seller therein shall
make and complete such invoice which shall contain the information
required by this section and give the same to the purchaser at the time
of delivery. The seller shall sign and date the invoice required by this
section and certify the entire content of such invoice.

2. Each invoice required by subdivision one of this section shall
state separately thereon:

(a) the identifying number of such invoice;

(b) the name of the seller;

(c) the current state liquor authority number of the seller and, if
registered as a distributor, the registration number (certificate
number) assigned to such seller by the department must also be set
forth;

(d) the address of the licensed premises of the seller and, if
different from such premises, the address of the premises from which the
liquors listed on such invoice were removed for delivery to the
purchaser;

(e) the name of the purchaser;

(f) the current state liquor authority number of the purchaser;

(g) the date of the delivery of the liquors;

(h) the address of the licensed premises of the purchaser and, if
different from such premises, the address of the premises to which the
liquors listed on such invoice are to be delivered by the seller;

(i) the size (in liters) and number of bottles of liquors sold, and
its description, by brand name and price; and

(j) a certification with respect to tax payment to the effect that:

(i) in the case of a transaction with respect to which a city tax
imposed pursuant to section four hundred forty-five of this article
applies, that is, where the sale is made to a purchaser whose licensed
premises are within such city or is completed by delivery to a purchaser
in such city:

(A) if the seller is a distributor of liquors registered under this
article, that the seller has assumed payment of or has paid all New York
state and city alcoholic beverage taxes with respect to the liquors
which are the subject of such transaction; or

(B) if such seller is not a registered distributor under this article,
that such taxes have been assumed by or paid by an identified
distributor registered under this article as evidenced by an invoice
received by the seller pursuant to this section with respect to the
liquors being sold and accepted in good faith by such seller; or

(C) where either or both New York state and city alcoholic beverage
taxes have not been paid, the seller shall set forth this fact and, if
applicable, a statement of the exemption from tax which applies to such
sale; and

(ii) with respect to a transaction to which subparagraph (i) of this
paragraph does not apply:

(A) if the seller is a distributor of liquors registered under this
article, that such seller has assumed payment of or has paid all New
York state alcoholic beverage taxes imposed under this article with
respect to the liquors which are the subject of such transaction; or

(B) if such seller is not a registered distributor, that the taxes
have been assumed by or paid by an identified distributor registered
under this article as evidenced by an invoice given to the seller
pursuant to this section with respect to the liquors being sold and
accepted in good faith by such seller; or

(C) where the state alcoholic beverage taxes imposed under this
article have not been paid with respect to such liquors, the seller
shall set forth this fact and, if applicable, a statement of the
exemption from tax which applies to such sale; or

(iii) in the case of a transaction which is the first sale of liquors
in this state where the seller is a distiller or the exclusive agent of
a distiller and both such seller and the purchaser are distributors of
liquor registered under this article, the commissioner may provide that
such distiller or exclusive agent need not set forth the certification
required by this paragraph on the invoice required by this section.

3. Notwithstanding any provision to the contrary, every seller shall
keep a duplicate original of the invoice required to be made and given
to the purchaser for the period returns are required to be retained
pursuant to this article.

4. Notwithstanding any provision to the contrary, every purchaser
shall keep the invoice given by the seller pursuant to this section for
the period returns are required to be retained pursuant to this article.

5. For purposes of this chapter, where the invoice required under this
section is not furnished by the seller at the time of delivery, or where
a person in possession of liquors does not possess such invoice with
respect to such liquors, it shall be presumed that the taxes imposed by
or pursuant to this article have not been assumed or paid by a
distributor registered as such under this article. Such presumption may
be rebutted by the introduction of substantial evidence to the contrary.
In addition to any other civil and criminal penalties which may apply,
any person who purchases alcoholic beverages without receiving an
invoice from the seller as required by this section shall be jointly and
severally liable to pay the taxes imposed by or pursuant to this article
with respect to such beverages.