NY Tax L § 496-B (2021)
2021 New York Laws TAX - Tax Article 20-C - Tax on Adult-Use Cannabis Products 496-B - Administrative Provisions.

* §  496-b.  Administrative  provisions. (a) The provisions of article twenty-seven of this chapter shall apply to the taxes imposed by section four hundred ninety-three of this article in the same  manner  and  with the  same  force  and effect as if the language of such article had been incorporated in full into this section and had expressly referred to the tax imposed by this article, except to the extent that any provision  of such  article is either inconsistent with a provision of this article or is not relevant to this article.  (b)(1) All taxes, interest, and penalties collected or received by the commissioner under this article  shall  be  deposited  and  disposed  of pursuant  to the provisions of section one hundred seventy-one-a of this chapter, provided that an amount equal to one hundred percent  collected under  this article less any amount determined by the commissioner to be reserved by the comptroller for refunds or reimbursements shall be  paid by   the  comptroller  to  the  credit  of  the  cannabis  revenue  fund established by section ninety-nine-ii of the state finance law.  Of  the total  revenue collected or received under this article, the comptroller shall retain such  amount  as  the  commissioner  may  determine  to  be necessary  for  refunds.  The commissioner is authorized and directed to deduct from the registration fees under subdivision (a) of section  four hundred  ninety-four  of  this article, before deposit into the cannabis revenue  fund  designated  by  the  comptroller,  a  reasonable   amount necessary  to  effectuate refunds of appropriations of the department to reimburse the department for the costs incurred to administer,  collect, and distribute the taxes imposed by this article.  (2)  All  taxes,  interest, and penalties collected or received by the commissioner under subdivision (c) of section four hundred  ninety-three of  this  article  shall  be  deposited  and disposed of pursuant to the provisions  of  section  one  hundred  seventy-one-a  of  this  chapter, provided  that  an  amount  equal to one hundred percent collected under such subdivision (c), less any amount determined by the commissioner  to be  reserved  by the comptroller for refunds or reimbursements, shall be paid to the comptroller  and  the  commissioner  shall  certify  to  the comptroller  the  amount of tax, penalties, and interest attributable to retail sales within a city with a population of a million  or  more  and counties (other than a county wholly within such city). Such amount will be  distributed  by the comptroller to such city and such counties. Such counties shall be entitled to retain twenty-five percent of  the  monies so   distributed.   Such   counties   shall   distribute  the  remaining seventy-five percent of such monies to the towns, villages,  and  cities within such county in which a retail dispensary is located in proportion to  the  sales of adult-use cannabis products by the retail dispensaries in such towns, villages and cities as reported by a seed-to-sale system, provided, however, where a retail dispensary is  located  in  a  village within  a  town  that both permit cannabis retail sales, then the county shall distribute the monies attributable to such  retail  dispensary  to such  town  and  village in such proportion as may be agreed upon by the elective governing body of such town and of  such  village  or,  in  the absence  of  such  an agreement, shall evenly divide such monies between such town  and  village.  Such  counties  shall  distribute  the  monies received  for  each  quarter  ending  on  the last day of February, May, August or November to such towns, villages and cities no later than  the thirtieth day after receipt of such monies from the comptroller.   * NB Effective April 1, 2022