1109 - Sales and compensating use taxes for the metropolitan commuter transportation district.
§ 1109. Sales and compensating use taxes for the metropolitan commuter transportation district. (a) General. In addition to the taxes imposed by sections eleven hundred five and eleven hundred ten of this article, there is hereby imposed within the territorial limits of the metropolitan commuter 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. Such sections and the other sections of this article, including the definition and 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. (b) Transitional provisions. (1) With respect to the one-fourth percent rate imposed effective September first, nineteen hundred eighty-one, the transitional provisions contained in subdivisions (a), (b), (c) and (d) of section eleven hundred six of this article shall apply to the taxes imposed by this section, except that all references in such subdivisions (a), (b), (c) and (d) to August first, nineteen hundred sixty-five shall be read as referring to September first, nineteen hundred eighty-one, all references in such subdivision (a) to April first, nineteen hundred sixty-five shall be read as referring to May first, nineteen hundred eighty-one, and the reference in such subdivision (b) to July thirty-first, nineteen hundred sixty-five shall be read as referring to August thirty-first, nineteen hundred eighty-one. (2) With respect to the one-eighth percent rate imposed effective June first, two thousand five, the transitional provisions contained in subdivisions (a), (b), (c) and (d) of section eleven hundred six of this article shall apply to the taxes imposed by this section, except that all references in such subdivisions (a), (b), (c) and (d) to August first, nineteen hundred sixty-five, shall be read as referring to June first, two thousand five, all references in such subdivision (a) to April first, nineteen hundred sixty-five, shall be read as referring to February first, two thousand five, and the reference in such subdivision (b) to July thirty-first, nineteen hundred sixty-five, shall be read as referring to May thirty-first, two thousand five. (c) Deliveries outside the district; deliveries within the district of property sold or serviced elsewhere. Where a sale of tangible personal property or services, including an agreement therefor, is made in the district in which the taxes imposed by this section apply, but the property sold, the property upon which the services were performed or such service is or will be delivered to the purchaser elsewhere, such sale will not be subject to taxes imposed by this section. However, if delivery occurs or will occur in the district where the tax imposed by this section applies, a vendor will be required to collect from the purchaser the sales or compensating use taxes imposed by this section. For the purposes of this section, delivery shall be deemed to include transfer of possession to the purchaser and the receiving of the property or of the service by the purchaser. The provisions of section twelve hundred fourteen of this chapter shall be applicable to this section, but any reference in that section to a local sales or use tax imposed by a city, county or school district shall mean the additional taxes imposed by this section. (d) Deposit and disposition of revenue. (1) The taxes, interest and penalties imposed pursuant to this section and received by the taxcommission, after deducting the amount which the commissioner of taxation and finance shall determine to be necessary for reasonable costs of the tax commission in administering, collecting and distributing such taxes, shall be deposited daily with such responsible banks, banking houses or trust companies, as may be designated by the comptroller, to the credit of the comptroller. Such an account may be established in one or more of such depositories. Such deposits shall be kept separate and apart from all other money in the possession of the comptroller. The comptroller shall require adequate security from all such depositories. Of the total revenue collected or received under this section, the comptroller shall retain in his hands such amount as the commissioner of taxation and finance may determine to be necessary for refunds under this section. (2) On or before the twelfth day of each month, after reserving such amount for such refunds and such costs, the commissioner of taxation and finance shall certify to the comptroller the amount of all revenues so received during the prior month as a result of the taxes, interest and penalties so imposed and in addition on or before the last day of June the commissioner shall certify the amount of such revenues received during and including the first twenty-five days of June. The amount of revenues so certified shall be deposited by the comptroller in the mass transportation operating assistance fund established by section eighty-eight-a of the state finance law to the credit of the metropolitan mass transportation operating assistance account therein. (e) The provision for a refund or credit contained in clause six of subdivision (a) of section eleven hundred nineteen shall not apply. (f) The exemption contained in paragraph thirty of subdivision (a) of section eleven hundred fifteen of this article shall not apply. (g) Notwithstanding any other provision of state or local law, ordinance or resolution to the contrary: (1) In the event that a county, city or school district located in the metropolitan commuter transportation district imposes taxes pursuant to the authority of subpart B of part I of article twenty-nine of this chapter and elects to provide the clothing and footwear exemption authorized in paragraph one of subdivision (a) of section twelve hundred ten of this chapter, or the taxes provided for in section eleven hundred eight of this article are in effect in a city located in such district, the exemption provided by paragraph thirty of subdivision (a) of section eleven hundred fifteen of this article shall be applicable in such portion of the metropolitan commuter transportation district in which such county, city or school district which elects to provide the clothing and footwear exemption authorized in paragraph one of subdivision (a) of section twelve hundred ten of this chapter is located, or where the taxes provided for in section eleven hundred eight of this part are in effect in a city located in such district. The commissioner shall determine and certify to the comptroller the amount of revenue forgone at the rate of three-eighths of one percent under this section in such county, city or school district on account of sales of clothing and footwear in such county, city or school district. (2) Commencing with the sales tax quarterly period which commences on March first, two thousand, the commissioner shall make such determinations and certifications on the twelfth day of the month following the month in which sales tax quarterly returns are due under section eleven hundred thirty-six of this article with respect to such quarterly period for as long as such clothing and footwear exemptions from such taxes imposed pursuant to the authority of article twenty-nine of this chapter or by section eleven hundred eight of this part are in effect. Neither the commissioner nor the comptroller shall be heldliable for any inaccuracy in such determinations and certifications. Such determinations and certifications may be based on such information as may be available to the commissioner at the time such determinations and certifications must be made under this subdivision and may be estimated on the basis of percentages or other indices calculated from distributions from prior periods. The commissioner shall be authorized to require such information as the commissioner deems necessary to comply with the requirements of this subdivision from persons required to file returns under such section eleven hundred thirty-six of this article. (3) By the fifteenth day of the month in which the commissioner has made the certifications to the comptroller described in paragraph two of this subdivision, the comptroller shall bill any county, city or school district in such metropolitan commuter transportation district which provides such clothing and footwear exemption, and any city in such district in which the taxes imposed by section eleven hundred eight of this part are in effect, an amount equal to one-half of the amount certified to the comptroller by the commissioner in respect of such county, city or school district; and such county, city or school district shall pay the amount of such bill to the comptroller by the twenty-fifth day of such month. The comptroller shall deposit any such amounts received in the mass transportation operating assistance fund established by section eighty-eight-a of the state finance law to the credit of the metropolitan mass transportation operating assistance account therein. (4) In the event that a county, city or school district imposing tax pursuant to the authority of subpart B of part I of article twenty-nine of this chapter does not pay in full a bill described in paragraph three of this subdivision by the twenty-fifth day of the month described in paragraphs two and three of this subdivision, the comptroller shall deduct any amount not paid from the amount of the next payment or payments due such county, city or school district pursuant to subdivision (c) of section twelve hundred sixty-one of this chapter until such amount not paid has been recovered. The comptroller shall deposit the amounts so deducted and recovered in the mass transportation operating assistance fund to be credited as provided in paragraph three of this subdivision. (5) In the event that a city in which the taxes imposed by section eleven hundred eight of this article are in effect does not pay in full a bill described in paragraph three of this subdivision by the twenty-fifth day of the month described in paragraphs two and three of this subdivision, the comptroller shall deduct any amount not paid from the amount of any other moneys due such city from the comptroller, not otherwise pledged, dedicated or encumbered pursuant to other state law, until such amount not paid has been recovered. The comptroller shall deposit the amounts so deducted and recovered in the mass transportation operating assistance fund to be credited as provided in paragraph three of this subdivision. (6) The commissioner shall certify the amount of any over calculation or under calculation of any certification required to be made to the comptroller under paragraph three of this subdivision as soon after its discovery as reasonably possible and subsequent bills to a city, county or school district to which the over calculation or under calculation relates shall be adjusted accordingly, provided that the comptroller may adjust such number of subsequent bills as the comptroller shall consider reasonable in view of the amount of the adjustment and all other facts and circumstances.(7) On the same date that the comptroller is required to bill a county, city or school district an amount as provided in paragraph three of this subdivision, the comptroller shall, after having first made any deposits required by section ninety-two-r of the state finance law and only to the extent that there are moneys remaining after having made such required deposits, withdraw from the state treasury, to the debit of the general fund, an amount equal to the total of the amounts required to be billed to counties, cities and school districts pursuant to such subdivision three and deposit such total amount in the mass transportation operating assistance fund to be credited as provided in such paragraph three. The amount of any over calculation or under calculation determined in paragraph six of this subdivision shall likewise be applied to the amounts required to be deposited under this paragraph, so that the amounts deposited under this paragraph equal the total of the amounts required to be billed to counties, cities and school districts under such paragraph three, as adjusted, pursuant to paragraph six of this subdivision. * (8) Notwithstanding the foregoing provisions of this subdivision or other provisions of law: (i) For the period commencing October first, two thousand ten, and ending March thirty-first, two thousand eleven, there shall be no exemption for clothing and footwear from the taxes imposed by this section, and the commissioner shall not determine or certify any amount of revenue foregone under the foregoing provisions of this subdivision and the comptroller shall not bill any county, city, or school district located in such district that exempts for clothing and footwear from its taxes imposed pursuant to the authority of subpart B of part one of article twenty-nine of this chapter. (ii) For the period commencing April first, two thousand eleven, and ending March thirty-first, two thousand twelve, while the exemption for clothing and footwear described in subparagraph (i) of paragraph thirty of subdivision (a) of section eleven hundred fifteen of this article applies to the taxes imposed by this section, the comptroller shall, after having first made any deposits required by section ninety-two-r of the state finance law and only to the extent that there are moneys remaining after having made such required deposits, withdraw from the state treasury, to the debit of the general fund, an amount equal to one hundred percent of the revenues foregone under this section on account of such exemption from the taxes imposed by this section, such amount of revenue foregone determined and calculated as provided in the foregoing provisions of this subdivision, and deposit such total amount in the mass transportation operating assistance fund established by section eighty-eight-a of the state finance law to the credit of the metropolitan mass transportation operating assistance account therein. However, if during such period a county, city, or school district located in such district provides the exemption for clothing and footwear described in either subparagraph (i) or (ii) of paragraph thirty of subdivision (a) of section eleven hundred fifteen of this article from its taxes imposed pursuant to the authority of subpart B of part one of article twenty-nine of this chapter, then the commissioner shall determine and calculate the amount of revenue foregone in such county, city or school district on account of the exemptions of both the state and the county, city or school district and the state and the county, city or school district shall each be responsible for fifty percent of such revenue foregone in accordance with the foregoing provisions of this subdivision. * NB Repealed April 1, 2012 (h) Notwithstanding any provision of law to the contrary:(1) The commissioner shall determine and certify to the comptroller the amount of revenue foregone as a result of the cents per gallon tax in paragraph two of subdivision (m) of section eleven hundred eleven of this part in lieu of tax at the rate provided in subdivision (a) of this section. (2) Commencing with the sales tax quarterly period beginning on June first, two thousand six, the commissioner shall make such determinations and certifications on the twelfth day of the month following the month in which sales tax quarterly returns are due under section eleven hundred thirty-six of this article with respect to such quarterly period. Such determinations and certifications may be based on such information as may be available to the commissioner at the time such determinations and certifications must be made under this subdivision. The commissioner shall be authorized to require such information as the commissioner deems necessary to comply with the requirements of this subdivision from persons required to file returns under such section eleven hundred thirty-six. (3) The comptroller shall, after having first made any deposits required by section ninety-two-r of the state finance law and only to the extent that there are moneys remaining after having made such required deposits, withdraw from the state treasury, to the debit of the general fund, and shall deposit the amount certified by the commissioner as such revenue foregone in the mass transportation operating assistance fund established by section eighty-eight-a of the state finance law to the credit of the metropolitan mass transportation operating assistance account therein. (4) Neither the commissioner nor the comptroller shall be held liable for any inaccuracy in such determinations and certifications. The commissioner shall certify the amount of any over calculation or under calculation of any certification required to be made to the comptroller under this subdivision as soon after its discovery as reasonably possible.