Section 1133. Liability for the tax  


Latest version.
  • (a) Except as otherwise provided in
      section eleven hundred thirty-seven, every person  required  to  collect
      any  tax  imposed by this article shall be personally liable for the tax
      imposed, collected or required to be collected under this  article.  Any
      such  person  shall have the same right in respect to collecting the tax
      from his customer or in respect to nonpayment of the tax by the customer
      as if the tax were a part of the  purchase  price  of  the  property  or
      service,  amusement  charge  or rent, as the case may be, and payable at
      the same time; provided, however,  that  the  tax  commission  shall  be
      joined  as  a  party  in any action or proceeding brought to collect the
      tax.
        (b) Where any customer has failed to pay a tax imposed by this article
      to the person required to collect the same,  then  in  addition  to  all
      other  rights,  obligations  and  remedies  provided,  such tax shall be
      payable by the customer directly to the tax commission and it  shall  be
      the duty of the customer to file a return with the tax commission and to
      pay the tax to it within twenty days of the date the tax was required to
      be paid.
        (c)  The  tax  commission  may, whenever it deems it necessary for the
      proper enforcement of this article, provide by regulation that customers
      shall file returns and pay directly to the tax commission any tax herein
      imposed, at such times as returns are required to be filed  and  payment
      made by persons required to collect the tax.
        (d)  No  person  required  to  collect any tax imposed by this article
      shall advertise or hold out to the public in  any  manner,  directly  or
      indirectly,  that  the tax is not considered as an element in the price,
      amusement charge or rent payable by customers.
        (e) Applicability  of  Mobile  Telecommunications  Sourcing  Act.  The
      provisions of sections 119(c), 120, 121 and 122 of title 4 of the United
      States  Code  as  enacted  and  in  effect  on  July  twenty-eighth, two
      thousand,  to  the  extent  relevant  and  to  the  extent  required  by
      preemption,  shall  apply  to the provisions of this article in the same
      manner and with the same force and effect as if  the  language  of  such
      sections of such title 4 of the United States Code had been incorporated
      in  full into this article and had expressly referred to the taxes under
      this article, with such modifications as may be necessary  in  order  to
      adapt  the  language  of  such  provisions  to the taxes imposed by this
      article.