2023 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 part four
of article twenty-eight 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.