Section 1165. Administrative provisions  


Latest version.
  • The taxes imposed by this article
      shall be administered and collected in a like manner as and jointly with
      the taxes imposed by sections eleven hundred five and eleven hundred ten
      of article twenty-eight of this chapter. All of the provisions  of  such
      article  twenty-eight  (except  sections  eleven  hundred  seven, eleven
      hundred eight, eleven hundred forty-eight, and, for purposes of the  tax
      imposed  by  section  eleven hundred sixty, section eleven hundred nine)
      relating to or applicable to the administration, collection  and  review
      of  the  taxes  imposed  by such sections eleven hundred five and eleven
      hundred ten, including, but not limited to, the provisions  relating  to
      definitions,  exemptions,  returns,  personal  liability  for  the  tax,
      collection of tax from the customer, collection of tax at  the  time  of
      registration  of a motor vehicle and payment of tax by a person required
      to file a return, shall apply to the taxes imposed by  this  article  so
      far  as  such  provisions can be made applicable to the taxes imposed by
      this article with such limitations as set forth in this article and such
      modifications as may be necessary in order to adapt such language to the
      taxes so imposed. Such provisions shall apply with the  same  force  and
      effect as if the language of those provisions had been set forth in full
      in  this  article  except  to  the  extent  that any provision is either
      inconsistent with a provision of this article or is not relevant to  the
      taxes  imposed  by  this  article.  For  purposes  of  this article, any
      reference in article twenty-eight to the tax or taxes  imposed  by  such
      article  shall  be  deemed to refer to the taxes imposed by this article
      also unless a different meaning is clearly required. Provided,  further,
      however,  that  the  provisions  of  subdivision seven of section eleven
      hundred eighteen of this chapter shall apply to the taxes on uses within
      this state imposed by this article only in the event that  the  rate  of
      the retail sales or use tax paid, under the conditions described in such
      subdivision  seven,  to any other state or jurisdiction within any other
      state exceeds the aggregate rate of the  compensating  use  tax  imposed
      under  section  eleven  hundred ten of this chapter and any compensating
      use tax imposed pursuant to the authority of article twenty-nine of this
      chapter, and in such event only with respect to the  difference  between
      the  rate  paid  to  such  other  state or jurisdiction thereof and such
      aggregate rate. Provided, further, that for purposes of this article and
      for  articles  twenty-eight  and  twenty-nine  of  this   chapter,   the
      provisions of section eleven hundred seventeen of this chapter shall not
      apply  to  the rental, as such term is defined in this article, of motor
      vehicles and that the provisions contained  in  section  eleven  hundred
      thirty-six  of  this  chapter  with  respect  to filing a part-quarterly
      return monthly and section eleven hundred thirty-seven-A of this chapter
      relating to returns and payments of estimated tax shall not apply to the
      taxes imposed under this article.