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This entry was published on 2014-09-22
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SECTION 506
Payment of tax
Tax (TAX) CHAPTER 60, ARTICLE 21
§ 506. Payment of tax. 1. At the time of filing a return, as required
by this article, each carrier shall pay to the tax commission the tax
imposed by this article for the period covered by such return. Such tax
shall be due and payable at the time of filing the return or, if a
return is not filed when due, on the last day on which the return is
required to be filed. The tax commission may grant a reasonable
extension of time for paying the tax whenever good cause exists.

2. The fees, taxes, penalties and interest accruing under this article
shall constitute a lien upon all motor vehicles and vehicular units
which are owned by such carrier or of which he has the lawful use or
control. The lien shall attach at the time of operation of any such
motor vehicle or vehicular unit within this state and shall remain
effective until the fees, taxes, penalties and interest are paid, or the
motor vehicle or vehicular unit is sold for the payment thereof. Such
liens shall be paramount to all prior liens or encumbrances of any
character and to the rights of any holder of the legal title in or to
any such motor vehicle or vehicular unit, provided, however, that:

a. No lien for any additional tax assessed pursuant to this article
shall be enforceable against any motor vehicle or vehicular unit which
prior to such assessment had been transferred in good faith to a bona
fide transferee for value.

b. The lien of such tax shall be subject to the lien of any
indebtedness secured by a chattel mortgage or conditional sales
agreement existing against such motor vehicle or vehicular unit previous
to the time when such tax became a lien, if:

(1) Such indebtedness was incurred in good faith to secure a portion
of the purchase price of such motor vehicle or vehicular unit, and

(2) Such indebtedness is secured by a chattel mortgage or conditional
sales agreement duly filed as required by law, and

(3) Such chattel mortgage or conditional sales agreement was not
given, directly or indirectly, to any officer or stockholder of the
corporation owning or having the lawful use or control of such motor
vehicle or vehicular unit, whether as a purchase money mortgage or
otherwise.

The lien of such tax shall be enforceable, however, as to any equity
after the encumbrance of such chattel mortgage or conditional sales
agreement. In the event a motor vehicle or vehicular unit subject to
such tax lien is repossessed by a chattel mortgagee or a conditional
vendor such motor vehicle or vehicular unit shall not be sold at public
or private sale unless at least five days notice of the time and place
of such sale is served by registered mail upon the tax commission in
Albany.