2007 Rule making actions

December 11, 2007

Adoption of amendments to update sections 533.3(d) and (g)(1) of the Sales and Use Taxes Regulations by deleting obsolete information and better reflecting the current policies of the Department concerning annual sales and use tax returns. The amendments were adopted and signed by Acting Commissioner Billet. Adoption

Adoption of amendments to the Tobacco Products Tax Regulations relating to requiring tobacco products wholesale dealers to file new informational returns that detail their purchases, sales, and prices of cigars and other tobacco products. The amendments were adopted and signed by Acting Commissioner Billet. Adoption

Proposal of amendments to the Sales and Use Taxes Regulations to repeal section 532.6, "Out-of-state resale permit," and related references to the obsolete section. The amendments were proposed and signed by Acting Commissioner Billet. Proposal

Adoption of amendments to the Business Corporation Franchise Tax Regulations relating to repurchase agreements and securities lending agreements held by registered securities brokers and dealers. The amendments provide that repurchase agreements and securities lending agreements held by registered securities brokers or dealers may not be considered investment capital so that the income and expenses from these agreements must be included in the computation of business income for such taxpayers. The amendments were adopted and signed by Acting Commissioner Billet. Adoption

November 13, 2007

Adoption of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the fourth quarter of 2007.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax.  The amendments were adopted and signed by Acting Commissioner Billet. Adoption

Proposal of amendments to the Business Corporation Franchise Tax Regulations and the Personal Income Tax Regulations regarding eligibility for the handicapped-accessible taxicabs and livery service vehicles credit.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal

Proposal of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the first quarter of 2008.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal

Proposal of amendments to the Cigarette Tax and Cigarette Marketing Standards Regulations to delete obsolete references to the 75 cent cigarette tax stamp and packages of 10 cigarettes.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal

October 9, 2007

Proposal of amendments to the Business Corporation Franchise Tax Regulations relating to repurchase agreements and securities lending agreements held by registered securities brokers and dealers.  The amendments provide that repurchase agreements and securities lending agreements held by registered securities brokers or dealers may not be considered investment capital so that the income and expenses from these agreements must be included in the computation of business income for such taxpayers.  The amendments were proposed and signed by Deputy Commissioner and Counsel Smirlock. Proposal

October 3, 2007

Proposal of amendments to section 60.1 of the Alcoholic Beverage Tax Regulations relating to filing requirements for certain distributors of wine registered under Article 18 of the Tax Law.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal

Proposal of amendments to the Tobacco Products Tax Regulations relating to tobacco products wholesale dealers to file new informational returns that detail their purchases, sales, and prices of cigars and other tobacco products.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal

September 17, 2007

Proposal of amendments to update sections 533.3(d) and (g)(1) of the Sales and Use Taxes Regulations by deleting obsolete information and better reflecting the current policies of the Department concerning annual sales and use tax returns.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal

August 21, 2007

Adoption of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the third quarter of 2007.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax. The amendments were adopted and signed by Acting Commissioner Billet. Adoption

Proposal of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the fourth quarter of 2007.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax. The amendments were proposed and signed by Acting Commissioner Billet. Proposal

July 17, 2007

Adoption of amendments to Part 561 and repeal of Part 562 of Sales and Use Taxes Regulations relating to the regional average retail prices of motor fuel and diesel motor fuel, to reflect statutory amendments.  The amendments were adopted and signed by Acting Commissioner Billet Adoption

Adoption of amendments to Part 415 of the Motor Fuel Tax Regulations to reflect statutory amendments extending the period for applying for a refund, credit or reimbursement from two years to three years.  The amendments were adopted and signed by Acting Commissioner Billet. Adoption

May 15, 2007

Adoption of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the second quarter of 2007.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax. The amendments were adopted and signed by Acting Commissioner Billet. Adoption 

Proposal of amendments to Part 561 and repeal of Part 562 of Sales and Use Taxes Regulations relating to the regional average retail prices of motor fuel and diesel motor fuel, to reflect statutory amendments.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal

Proposal of amendments to Part 415 of the Motor Fuel Tax Regulations to reflect statutory amendments extending the period for applying for a refund, credit or reimbursement from two years to three years. The amendments were proposed and signed by Acting Commissioner Billet. Proposal

Proposal of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the third quarter of 2007.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax. The amendments were proposed and signed by Acting Commissioner Billet. Proposal

February 14, 2007

Adoption of amendments to the Business Corporation Franchise Tax Regulations, the Franchise Tax on Banking Corporations Regulations, and the Personal Income Tax Regulations of Title 20 NYCRR.  The amendments set forth a credit proration rule for the Security Training Tax Credit where a qualified security officer is not employed for a full year.  The amendments were adopted and signed by Acting Commissioner Billet. Adoption 

Adoption of amendments to Part 530 of the Sales and Use Taxes Regulations.  The amendments update and simplify Part 530 by eliminating obsolete and unnecessary sales and use tax rates that are set by and pursuant to the Tax Law, and by eliminating redundant provisions of Part 530.  The amendments were adopted and signed by Acting Commissioner Billet. Adoption

Adoption of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the first quarter of 2007.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax.  The amendments were adopted and signed by Acting Commissioner Billet. Adoption

Proposal of amendments to the Fuel Use Tax Regulations to set the sales tax component and the composite rate per gallon of the Fuel Use Tax on motor fuel and diesel motor fuel for the second quarter of 2007.  This regulation also reflects the aggregate rate per gallon for purposes of the joint administration of the Fuel Use Tax and Article 13-A carrier tax.  The amendments were proposed and signed by Acting Commissioner Billet. Proposal