NY Tax L § 308 (2021)
2021 New York Laws TAX - Tax Article 13-A - Tax on Petroleum Businesses 308 - Returns and Payment of Tax.

§  308.  Returns  and  payment  of tax.--(a) General.--Every petroleum business subject to tax under this article shall monthly, on  or  before the  twentieth  day  following  the  close  of its taxable month, file a return which shall state  (i)  the  number  of  gallons  of  motor  fuel imported or caused to be imported into this state for use, distribution, storage  or  sale  in  the  state  or produced, refined, manufactured or compounded in the state during the preceding calendar  month,  (ii)  the number  of gallons of diesel motor fuel sold or used or, with respect to gallonage which prior thereto has not been included in  the  measure  of the  tax imposed by this article, delivered by the petroleum business to a filling station or into the fuel tank connecting with the engine of  a motor  vehicle  for  use  in  the operation thereof during the preceding calendar month, (iii) the  number  of  gallons  of,  and  the  resultant product  produced, manufactured or blended, using diesel motor fuel as a component of such resultant product and  the  sales  of  such  resultant product,  and  (iv)  the number of gallons of residual petroleum product sold or used in this state and the  sales  of  such  residual  petroleum product,  for  the  period  covered by such return. A residual petroleum business shall include in its reports the number of gallons of  residual petroleum  product  imported  into the state or purchased in this state, the number of gallons of diesel motor fuel purchased in this  state  and the   number   of  gallons  of,  and  the  resultant  product  produced, manufactured or blended by such petroleum business, using  diesel  motor fuel  as  a  component  of  such  resultant product. The commissioner of taxation and finance may permit the filing of a return  on  a  quarterly basis  in  the  case  of  a petroleum business which only makes sales of diesel motor fuel solely for residential heating purposes and  which  is registered under article twelve-A of this chapter as a diesel motor fuel distributor   under  a  limited  registration  applicable  only  to  the importation, sale and distribution of diesel motor fuel for the purposes described in subparagraph (i) of paragraph (b) of subdivision  three  of section  two  hundred  eighty-two-a  of this chapter or in the case of a petroleum business registered as a "distributor of kero-jet  fuel  only" pursuant  to  the  provisions  of subdivision two of section two hundred eighty-two-a of this chapter. In the case of such returns  permitted  to be  filed on a quarterly basis, the adjustments to the rates of tax then in effect, as provided for in sections three  hundred  one-a  and  three hundred  one-e  of  this  article, which take effect on the first day of January of each year shall, with respect to such quarterly return,  take effect  on  the first day of the next succeeding March. Returns shall be filed with the commissioner in a form prescribed  by  the  commissioner, setting  forth such other information as the commissioner may prescribe. Every petroleum business shall also transmit such other returns and such facts  and  information  as  the  commissioner  may   require   in   the administration  of  this  article.  Every  petroleum business which is a corporation subject to tax  under  this  article  and  which  ceases  to exercise  its  franchise  or  to  be  subject to the tax imposed by this article shall transmit to the commissioner a return on the date of  such cessation,  or  at  such  other  time  as  the commissioner may require, covering each month or period for which no return was theretofore filed. The commissioner may, if the commissioner deems it necessary in order to insure the payment of the tax imposed by this article,  require  returns to  be  made at such times and covering such periods as the commissioner may deem necessary. Notwithstanding the  foregoing  provisions  of  this subdivision,   the   commissioner   may   require   any  corporation  or unincorporated  business  which  engages   in   transactions   involving petroleum  or  similar  products,  including  aviation  fuels, to file a monthly  return,  which  shall  contain  any  data  specified  by   him,  regardless  of  whether  such  corporation or unincorporated business is subject to tax under this article.  (b)  Payment  of  tax.  Each  petroleum  business  shall  pay  to  the commissioner of taxation and finance with the filing of  the  return  or returns the tax imposed by this article during the period covered by the return.   Such  tax  imposed  on  any  petroleum  business  which  is  a corporation and which ceases to exercise its franchise or to be  subject to  the tax imposed by this article shall be payable to the commissioner at the time the return is required to be filed, provided such tax  of  a petroleum  business  which is a domestic corporation and which continues to  possess  its  franchise  shall  be  subject  to  adjustment  as  the circumstances  may  require;  all  other  taxes  of  any  such petroleum business, which pursuant to the foregoing  provisions  of  this  section would  otherwise  be  payable  subsequent  to  the  time  such return is required to be filed, shall nevertheless be payable at such time.  (c) Special provisions regarding sole  proprietorships.--With  respect to any petroleum business which is a sole proprietorship:  (1)  the  return  for such petroleum business where the proprietor has died shall be made and filed by his executor,  administrator,  or  other person charged with his property, and  (2)  the  return  for  such petroleum business where the proprietor is unable to make a return by reason of a  disability  shall  be  made  and filed  by  his conservator, committee, fiduciary or other person charged with the care of his person  or  property  (other  than  a  receiver  in possession  of  only  a part of his property), or by his duly authorized agent.  (d) Estates and trusts.--The return for a petroleum business which  is an estate or trust shall be made and filed by the fiduciary.  (e)  Joint fiduciaries.--If two or more fiduciaries are acting jointly on behalf of a petroleum business, the return may be made by any one  of them.  (f) Notice of qualification as receiver, etc.--Every receiver, trustee in  bankruptcy, assignee for benefit of creditors of, or other fiduciary for a petroleum business shall give notice of his qualification as  such to  the  commissioner  of  taxation  and  finance, as may be required by regulation.  (g)  Certification.--Every  return  shall  have  annexed   thereto   a certification  by  the  president,  vice-president, treasurer, assistant treasurer,  chief  accounting  officer  or  any  other  officer  of  the petroleum  business  duly  authorized  so  to  act  where such petroleum business  is  a  corporation,  or  of  the  individual  or  one  of  the individuals,  or  members  of  the partnership making the same where the petroleum business is an unincorporated business, to the effect that the statements contained therein are true. The  fact  that  an  individual's name  is  signed  on  a certification of the return shall be prima facie evidence that such individual is authorized  to  sign  and  certify  the return on behalf of the petroleum business. Blank forms of returns shall be   furnished   by   the  commissioner  of  taxation  and  finance,  on application, but failure to secure such a blank shall  not  release  any petroleum  business from the obligation of making any return required by this article.  (h) Action by attorney general.--An action may be brought at any  time by  the attorney general at the instance of the commissioner of taxation and finance, in the name of the state, to compel the filing  of  returns due under this article.  (i)  Returns  and records.--Returns shall be preserved for five years, and thereafter until the commissioner of  taxation  and  finance  orders them to be destroyed. Every petroleum business subject to tax under this  article  shall keep the records and documents referred to in subdivision one of section two hundred eighty-six of this  chapter  and  such  other records  of  its  business in such form as the commissioner may require; moreover,  the  records  required of transporters and storers under such subdivision shall apply with the same force and effect  to  transporters and storers of any product included in the measure of the tax imposed by this  article. All such records shall be preserved for a period of three years, except that the commissioner may  consent  to  their  destruction within that period or may require that they be kept longer.