Section 11-1608. Exemptions  


Latest version.
  • 1.  The  following  shall  be exempt from the
      payment of the tax imposed by this chapter:
        (a) The state of New York, or any of its agencies,  instrumentalities,
      public  corporations (including a public corporation created pursuant to
      agreement  or  compact  with  another  state  or  Canada)  or  political
      subdivisions where it is the purchaser, user or consumer;
        (b)  The  United  States  of  America,  and  any  of  its agencies and
      instrumentalities insofar as it is immune from taxation where it is  the
      purchaser, user or consumer;
        (c)  The  United Nations or other international organizations of which
      the United States of America is a member; and
        (d) Any corporation, or association, or  trust,  or  community  chest,
      fund  or  foundation,  organized and operated exclusively for religious,
      charitable, or educational purposes, or for the prevention of cruelty to
      children or animals, and no part of the net earnings of which inures  to
      the benefit of any private shareholder or individual, and no substantial
      part  of the activities of which is carrying on propaganda, or otherwise
      attempting to influence legislation; provided, however, that nothing  in
      this  paragraph  shall  include an organization operated for the primary
      purpose of carrying on a trade or business for profit,  whether  or  not
      all of its profits are payable to one or more organizations described in
      this paragraph.
        2.  The  following  containers shall be exempt from the tax imposed by
      this chapter:
        a. Containers sold or furnished containing products intended  for  use
      in manufacturing processes and not for final retail sale.
        b.  Containers used as receptacles for food, food products, beverages,
      dietary foods and health supplements, sold for human consumption but not
      including: (i) candy and confectionery, (ii) fruit drinks which  contain
      less  than  seventy  percent  of natural fruit juice, (iii) soft drinks,
      sodas and beverages such as are ordinarily dispensed at  soda  fountains
      or  in  connection therewith (other than coffee, tea and cocoa) and (iv)
      beer, wine or other alcoholic beverages.