NY Tax L § 1135 (2021)
2021 New York Laws TAX - Tax Article 28 - Sales and Compensating Use Taxes Part 4 - Administrative Provisions 1135 - Records to Be Kept.

§  1135.  Records to be kept. (a) (1) Every person required to collect tax shall keep records of every sale or amusement  charge  or  occupancy and  of  all amounts paid, charged or due thereon and of the tax payable thereon, in such form as the commissioner of taxation and finance may by regulation require. Such records shall include a true copy of each sales slip, invoice, receipt, statement or memorandum upon  which  subdivision (a) of section eleven hundred thirty-two requires that the tax be stated separately.  (2) In addition to the records required to be kept by paragraph one of this subdivision, retail food stores and other participants approved for participation in the federal food stamp program under or pursuant to the federal  food  stamp  act  of nineteen hundred seventy-seven (7 U.S.C. § 2011 et seq.), as amended, whose receipts may be  subject  to  exemption afforded  by  subdivision  (k)  of section eleven hundred fifteen, shall keep  (A)  true  and  complete  copies  of  applications,   updates   of applications,  redemption certificates, returns and reports furnished to or by the United States government or this state or  their  agencies  in order  to  participate  in  the  food stamp program or to redeem coupons issued under or pursuant  to  such  federal  act,  and  (B)  records  of receipts  indicating  whether  payment  is  by  coupons  issued under or pursuant to such act.  (b) Every show promoter shall keep a record of the date and  place  of each  show  and the name, address and certificate of authority number of every person whom he permits to display for sale  or  to  sell  tangible personal property or services subject to tax at such show.  (c)  Every  entertainment promoter shall keep a record of the date and place of each entertainment event and the name, address and  certificate of  authority number of every person authorized by such promoter to make taxable sales of tangible personal property at such event.  (d) Every  person  selling  or  holding  large  volumes  of  petroleum products  shall  keep  records  for  such  periods  and  in  the  manner prescribed by the commissioner pursuant to rules and  regulations.  Such records  shall  show  (1)  the  number  of gallons of petroleum products purchased, the price paid therefor, the amount of tax paid  pursuant  to the provisions of section eleven hundred two of this article and (2) the number of gallons sold, and the price paid by the purchaser to whom such person  sells  the petroleum products, and the amount of tax included in such price pursuant to the provisions of section eleven hundred  two  of this  article and the amount of tax collected pursuant to the provisions of subdivision (a) of  section  eleven  hundred  five  of  this  article applicable to such sale together with such additional information as the commissioner shall require. The amount of tax shall be calculated in the manner set forth in section eleven hundred eleven of this article.  (e)  Every person selling or possessing large quantities of cigarettes shall keep records for such periods and in the manner prescribed by  the commissioner  pursuant to rules and regulations. Such records shall show (1) the number of cigarettes purchased, the  price  paid  therefor,  the person  from  whom such cigarettes were purchased, and the amount of tax paid pursuant to the provisions of section eleven hundred three of  this article  and  (2) the number of cigarettes sold, the person to whom such cigarettes are sold (other than a retail purchaser) and the  price  paid by  the  purchaser  to  whom  such  person sells the cigarettes, and the amount of tax included in such  price  pursuant  to  the  provisions  of section  eleven  hundred  three  of  this  article  or the amount of tax collected pursuant to the  provisions  of  subdivision  (a)  of  section eleven  hundred  five  of this article applicable to such sale, together with such additional information as the commissioner shall require.  (f) Every materialman described in paragraph two of subdivision (a) of section eleven hundred thirty-two of this part shall, in addition to the records required to be kept by paragraph one of subdivision (a) of  this section,  keep  the  following  records  with  respect  to  each sale of building  materials  or  services  described  in  such  paragraph two of subdivision (a) of section eleven hundred thirty-two of this part  to  a contractor,  subcontractor  or repairman: (1) the date of such sale; (2) proof that the sale meets the qualifications described in such paragraph two; (3) the amount of credit, if any, extended by such  materialman  to such  contractor, subcontractor or repairman for each such sale; (4) the terms for payment of the purchase price or repayment of any such credit; and (5) the date or dates on which such purchase price is paid  or  such credit  is repaid, in part or whole, and the amount of each such payment or repayment. Notwithstanding the provisions of subdivision (g) of  this section,  the records referred to in this subdivision shall be preserved by such materialman for a period of three years from the date the tax on each such sale is paid over  to  the  commissioner  in  full;  provided, however,  that  the commissioner may consent to their destruction within that period or may require that they be kept longer.  (g) Such records shall be available for inspection and examination  at any  time upon demand by the tax commission or its duly authorized agent or employee and shall be preserved for a period of three  years,  except that  the  tax  commission  may consent to their destruction within that period or may require that they be kept longer. Such records may be kept within the meaning of this section when reproduced on any  photographic, photostatic,  microfilm,  micro-card,  miniature  photographic  or other process which actually reproduced the original record.  (h) Notwithstanding the provisions of section three hundred  five  and three  hundred  nine  of  the state technology law or any other law, the commissioner may require any person who has elected to  maintain  in  an electronic  format  any portion of the records required to be maintained by that person under  this  article,  to  make  the  electronic  records available  and  accessible to the commissioner, notwithstanding that the records are also maintained in a hard copy format.