2023 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.