Section 315. Practice and procedure


Latest version.
  • --(a) The provisions of subsections (g)
      and (j)  of  section  one  thousand  ninety-two,  section  one  thousand
      ninety-three  and  article  twelve-A  of  this  chapter, including those
      provisions of such article twelve-A relating to  penalty  and  interest,
      shall  apply  to the administration of and procedure with respect to the
      tax imposed under this article in the same  manner  and  with  the  same
      force  and  effect  as  if the language of such subsections (g) and (j),
      section  one  thousand  ninety-three  and  article  twelve-A  had   been
      incorporated in full into this article and had expressly referred to the
      tax  under this article, except to the extent that any such provision is
      either inconsistent with a provision of this article or is not  relevant
      to  this  article  or  that  the provisions of such article twelve-A are
      inconsistent with the provisions of such subsections (g) and (j) or with
      such section one thousand ninety-three.
        (b) Joint administration of taxes.  In addition to the powers  granted
      to  the  commissioner  in  this  chapter,  the  commissioner  is  hereby
      authorized to make provisions for the joint administration, in whole  or
      in  part, of the taxes imposed by articles twelve-A and twenty-eight and
      pursuant to the authority of article twenty-nine of  this  chapter  upon
      automotive  fuel  and  the  taxes imposed by this article, including the
      joint reporting, assessment, collection,  determination  and  refund  of
      such  taxes,  and  for  that  purpose  to  prescribe  that  any  of  the
      commissioner's functions under such articles, and  any  returns,  forms,
      statements, documents or information to be submitted to the commissioner
      under  such  articles,  any books and records to be kept for purposes of
      the taxes imposed or authorized to be  imposed  by  such  articles,  any
      schedules   of   amounts  to  be  collected  under  such  articles,  any
      registration required under such articles,  and  the  payment  of  taxes
      under such articles, shall be on a joint basis with respect to the taxes
      imposed  by or pursuant to such articles.  Provided, notwithstanding any
      provision of this article to the contrary, in the furtherance  of  joint
      administration, the provisions of subdivision one of section two hundred
      eighty-five-a  and  subdivision one of section two hundred eighty-nine-c
      of this chapter shall apply to the taxes imposed under this article with
      the same force and effect as if those provisions  specifically  referred
      to  the  taxes  imposed  hereunder  and all the products with respect to
      which the taxes are imposed under this article.   Provided,  further,  a
      reimbursement  (or  credit) of taxes imposed under this article shall be
      available to subsequent purchasers of motor fuel, diesel motor  fuel  or
      residual   petroleum   product  under  the  circumstances  specified  in
      subdivision eight of section two hundred eighty-nine-c of  this  chapter
      with  respect  to  the  export  of such products.   In addition, all the
      provisions of subdivision one of section two hundred eighty-six of  this
      chapter  shall  be  applicable  to  all  of the products included in the
      measure of the tax imposed  by  this  article  and  the  powers  of  the
      commissioner  in  administering  the  tax  imposed by this article shall
      include  these  set  forth  in  such   subdivision.      Moreover,   the
      commissioner,  in  order to preserve the revenue from the tax imposed by
      this article,  shall,  by  regulation,  require  that  the  movement  of
      residual  petroleum  product  into  or in this state be accompanied by a
      tracking document.  Such manifest or other tracking  document  shall  be
      prescribed  only  after consultation with the state motor fuels taxation
      advisory council (created by section forty-one of chapter forty-four  of
      the laws of nineteen hundred eighty-five) as to its form and content and
      as  to  whether  an  existing  industry  document (or a modified version
      thereof) may adequately serve the tracking purpose so that such existing
      industry document may be prescribed as the tracking document.  Also, the
      commissioner may require (i) that  any  returns,  forms,  statements  or
    
      other  document with respect to motor fuel or diesel motor fuel required
      of transporters or terminal operators under  such  article  twelve-A  of
      this   chapter   apply  with  the  same  force  and  effect  to  persons
      transporting or storing residual petroleum product, (ii) a certification
      that  particular  gallonage of motor fuel, diesel motor fuel or residual
      petroleum product has been included in the measure of the tax imposed by
      this  article  and  such  tax  has  been  paid,  and  (iii)   that   the
      certification  required pursuant to section two hundred eighty-five-a or
      two hundred eighty-five-b of this chapter be expanded to include the tax
      imposed by this article.