Section 528. Procedure, administration and disposition of revenues


Latest version.
  • (a)
      General. The provisions of subdivision two of section five  hundred  six
      and  sections  five  hundred  seven through five hundred fifteen of this
      chapter (excluding sections five hundred eight, five hundred twelve  and
      five  hundred  thirteen)  shall  apply to the provisions of this article
      with the same force and effect as if the language  of  such  subdivision
      and  sections  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 or not relevant to
      this article or inconsistent with a provision of any agreement which the
      commissioner enters into pursuant to subdivision (b)  of  this  section,
      with such modification as may be necessary to adapt the language of such
      provisions  to  the  tax  imposed  by  this  article,  provided that (1)
      notwithstanding such section five hundred ten and  subdivision  four  of
      section  two  thousand six of this chapter, a determination, as provided
      in such section five hundred ten, relating to the tax  imposed  by  this
      article,  shall finally and conclusively fix such tax, unless the person
      against whom it is assessed shall, within thirty days after  the  giving
      of  notice  of  such determination, petition the division of tax appeals
      for a hearing, or unless the  commissioner  on  the  commissioner's  own
      motion  shall  redetermine the same; (2) the term "vehicular unit" shall
      be read as "qualified motor vehicle"; (3)  if  the  commissioner  enters
      into  a  cooperative  agreement  under  this  section,  the reference in
      section five hundred fourteen-a of this chapter  to  the  United  States
      postmark  shall  include a postmark made by the Canadian postal service;
      and (4) if the commissioner enters into a  cooperative  agreement  under
      this  section, for purposes of applying subdivision four of section five
      hundred fourteen of this chapter, the banks,  banking  houses  or  trust
      companies  which  may  be designated by the commissioner may include any
      such banks, banking houses or  trust  companies  designated  or  seeking
      designation  by  other member jurisdictions. For purposes of determining
      the amount of tax due in accordance with section  five  hundred  ten  of
      this  chapter  as  incorporated  by  this  subdivision, any return filed
      before the last day prescribed for its filing  shall  be  deemed  to  be
      filed  on  such  last day. The commissioner is authorized to provide for
      the joint administration, in whole or in part, of  the  tax  imposed  by
      article twenty-one of this chapter and the tax imposed by this article.
        (b) Cooperative agreements. Notwithstanding any inconsistent provision
      of  law,  the  commissioner  is  authorized  to enter into a cooperative
      agreement with other states, the District of Columbia  or  provinces  or
      territories  of Canada for the administration of the tax imposed by this
      article and similar taxes imposed by other member jurisdictions and  for
      the  reporting  and  payment  of  tax  to  a  single  base  state  and a
      proportional sharing of revenue of taxes relating to fuel use among  the
      jurisdictions where a qualified motor vehicle is operated. The agreement
      may  provide  for  determining  the  base  state  for carriers, carriers
      records requirements, audit procedures, exchange of information, persons
      eligible  for  tax  licensing,  defining   qualified   motor   vehicles,
      determining if bonding is required and requiring bonds to secure the tax
      imposed  by  this  article  and  similar  taxes  imposed by other member
      jurisdictions, specifying reporting requirements and  periods  including
      defining   uniform  penalty  and  interest  rates  for  late  reporting,
      determining methods for collecting and forwarding of taxes, interest and
      penalties to another jurisdiction, notice and  timing  of  hearings  and
      other provisions as will facilitate the administration of the agreement.
      The commissioner may, pursuant to the terms of the agreement, forward to
      the  proper  officers  of another member jurisdiction any information in
      the commissioner's possession  relating  to  the  manufacture,  receipt,
    
      sale,  use,  transportation or shipment of automotive fuel by any person
      and may share any information relating to the  administration  of  taxes
      pursuant  to  the  agreement  with  such  officers. The commissioner may
      disclose  to  the  proper  officers  of  another member jurisdiction the
      location of offices, motor vehicles and other real and personal property
      of carriers. The agreement may provide for each member  jurisdiction  to
      audit  the  records  of  persons  based  in  the member jurisdiction and
      determine taxes due each member jurisdiction. The commissioner may adopt
      rules and regulations for the  administration  and  enforcement  of  the
      agreement.  In  connection with the administration of taxes under such a
      cooperative agreement, the commissioner may enter into an agreement with
      other  member  jurisdictions  and  any  banks,  banking  houses,   trust
      companies  or  other similar institutions with respect to the payment of
      any tax, fees, penalty or interest to such banks, banking houses,  trust
      companies  or similar institutions and the filing of returns and reports
      with such banks, banking houses, trust companies or similar institutions
      as agent of  the  commissioner  and  such  other  member  jurisdictions.
      Pursuant to a written agreement made with one or more of the appropriate
      departments,   agencies,   officers   or   instrumentalities   of  other
      jurisdictions, the commissioner may let contracts for provision of  such
      services  to the department and to one or more of such entities of other
      jurisdictions; provided, that provisions  shall  be  made  in  all  such
      agreements  with the participating governmental entities and in all such
      contracts let by the commissioner for the  assumption  by  each  of  the
      participating  governmental  entities  of  sole  responsibility  for its
      proportionate share of the costs under the terms of such  contract.  The
      commissioner may contract for such services jointly with and pursuant to
      a  contract  let  by  the  appropriate  department,  agency,  officer or
      instrumentality  of  another  jurisdiction;  provided   that   (1)   the
      commissioner shall approve the proposed terms and conditions of all such
      joint governmental contracts, (2) the letting of such joint governmental
      contract  shall be based on invitation of competitive bids or proposals,
      and (3) the participation by the department in any such  joint  contract
      shall  be  preceded  by  an  evaluation  and  finding  in writing by the
      commissioner that a reasonable potential exists for the saving of  costs
      by the state, by means of such joint governmental contract.
        (c)  Rate  changes.  In  the  event the rate of tax imposed under this
      article or under section three hundred one-h of this chapter or the rate
      of surcharge imposed on such  tax  changes  and  such  change  does  not
      coincide  with the beginning of a reporting period, the rates of tax and
      surcharge for the reporting period which includes such change  shall  be
      equal  to  the  sum of the respective rates otherwise applicable in each
      month of the reporting period divided by the number  of  months  in  the
      reporting period.
        (d)  Construction.  In  the  event  the  commissioner, pursuant to the
      authority of this  article,  enters  into  a  cooperative  agreement  as
      provided in this section, the commissioner shall carry out any provision
      of such agreement required for continued New York state participation in
      such   agreement,  to  the  extent  not  inconsistent  with  a  specific
      requirement of this article or any other provision of the laws  and  the
      constitution of the state of New York.