2010 New York Code
TAX - Tax
Article 13-A - (300 - 315) TAX ON PETROLEUM BUSINESSES
308 - Returns and payment of tax.

§  308.  Returns  and  payment  of tax.--(a) General.--Every petroleum
  business subject to tax under this article shall monthly, on  or  before
  the  twentieth  day  following  the  close  of its taxable month, file a
  return which shall state  (i)  the  number  of  gallons  of  motor  fuel
  imported or caused to be imported into this state for use, distribution,
  storage  or  sale  in  the  state  or produced, refined, manufactured or
  compounded in the state during the preceding calendar  month,  (ii)  the
  number  of gallons of diesel motor fuel sold or used or, with respect to
  gallonage which prior thereto has not been included in  the  measure  of
  the  tax imposed by this article, delivered by the petroleum business to
  a filling station or into the fuel tank connecting with the engine of  a
  motor  vehicle  for  use  in  the operation thereof during the preceding
  calendar month, (iii) the  number  of  gallons  of,  and  the  resultant
  product  produced, manufactured or blended, using diesel motor fuel as a
  component of such resultant product and  the  sales  of  such  resultant
  product,  and  (iv)  the number of gallons of residual petroleum product
  sold or used in this state and the  sales  of  such  residual  petroleum
  product,  for  the  period  covered by such return. A residual petroleum
  business shall include in its reports the number of gallons of  residual
  petroleum  product  imported  into the state or purchased in this state,
  the number of gallons of diesel motor fuel purchased in this  state  and
  the   number   of  gallons  of,  and  the  resultant  product  produced,
  manufactured or blended by such petroleum business, using  diesel  motor
  fuel  as  a  component  of  such  resultant product. The commissioner of
  taxation and finance may permit the filing of a return  on  a  quarterly
  basis  in  the  case  of  a petroleum business which only makes sales of
  diesel motor fuel solely for residential heating purposes and  which  is
  registered under article twelve-A of this chapter as a diesel motor fuel
  distributor   under  a  limited  registration  applicable  only  to  the
  importation, sale and distribution of diesel motor fuel for the purposes
  described in subparagraph (i) of paragraph (b) of subdivision  three  of
  section  two  hundred  eighty-two-a  of this chapter or in the case of a
  petroleum business registered as a "distributor of kero-jet  fuel  only"
  pursuant  to  the  provisions  of subdivision two of section two hundred
  eighty-two-a of this chapter. In the case of such returns  permitted  to
  be  filed on a quarterly basis, the adjustments to the rates of tax then
  in effect, as provided for in sections three  hundred  one-a  and  three
  hundred  one-e  of  this  article, which take effect on the first day of
  January of each year shall, with respect to such quarterly return,  take
  effect  on  the first day of the next succeeding March. Returns shall be
  filed with the commissioner in a form prescribed  by  the  commissioner,
  setting  forth such other information as the commissioner may prescribe.
  Every petroleum business shall also transmit such other returns and such
  facts  and  information  as  the  commissioner  may   require   in   the
  administration  of  this  article.  Every  petroleum business which is a
  corporation subject to tax  under  this  article  and  which  ceases  to
  exercise  its  franchise  or  to  be  subject to the tax imposed by this
  article shall transmit to the commissioner a return on the date of  such
  cessation,  or  at  such  other  time  as  the commissioner may require,
  covering each month or period for which no return was theretofore filed.
  The commissioner may, if the commissioner deems it necessary in order to
  insure the payment of the tax imposed by this article,  require  returns
  to  be  made at such times and covering such periods as the commissioner
  may deem necessary. Notwithstanding the  foregoing  provisions  of  this
  subdivision,   the   commissioner   may   require   any  corporation  or
  unincorporated  business  which  engages   in   transactions   involving
  petroleum  or  similar  products,  including  aviation  fuels, to file a
  monthly  return,  which  shall  contain  any  data  specified  by   him,

regardless  of  whether  such  corporation or unincorporated business is
  subject to tax under this article.
    (b)  Payment  of  tax.  Each  petroleum  business  shall  pay  to  the
  commissioner of taxation and finance with the filing of  the  return  or
  returns the tax imposed by this article during the period covered by the
  return.   Such  tax  imposed  on  any  petroleum  business  which  is  a
  corporation and which ceases to exercise its franchise or to be  subject
  to  the tax imposed by this article shall be payable to the commissioner
  at the time the return is required to be filed, provided such tax  of  a
  petroleum  business  which is a domestic corporation and which continues
  to  possess  its  franchise  shall  be  subject  to  adjustment  as  the
  circumstances  may  require;  all  other  taxes  of  any  such petroleum
  business, which pursuant to the foregoing  provisions  of  this  section
  would  otherwise  be  payable  subsequent  to  the  time  such return is
  required to be filed, shall nevertheless be payable at such time.
    (c) Special provisions regarding sole  proprietorships.--With  respect
  to any petroleum business which is a sole proprietorship:
    (1)  the  return  for such petroleum business where the proprietor has
  died shall be made and filed by his executor,  administrator,  or  other
  person charged with his property, and
    (2)  the  return  for  such petroleum business where the proprietor is
  unable to make a return by reason of a  disability  shall  be  made  and
  filed  by  his conservator, committee, fiduciary or other person charged
  with the care of his person  or  property  (other  than  a  receiver  in
  possession  of  only  a part of his property), or by his duly authorized
  agent.
    (d) Estates and trusts.--The return for a petroleum business which  is
  an estate or trust shall be made and filed by the fiduciary.
    (e)  Joint fiduciaries.--If two or more fiduciaries are acting jointly
  on behalf of a petroleum business, the return may be made by any one  of
  them.
    (f) Notice of qualification as receiver, etc.--Every receiver, trustee
  in  bankruptcy, assignee for benefit of creditors of, or other fiduciary
  for a petroleum business shall give notice of his qualification as  such
  to  the  commissioner  of  taxation  and  finance, as may be required by
  regulation.
    (g)  Certification.--Every  return  shall  have  annexed   thereto   a
  certification  by  the  president,  vice-president, treasurer, assistant
  treasurer,  chief  accounting  officer  or  any  other  officer  of  the
  petroleum  business  duly  authorized  so  to  act  where such petroleum
  business  is  a  corporation,  or  of  the  individual  or  one  of  the
  individuals,  or  members  of  the partnership making the same where the
  petroleum business is an unincorporated business, to the effect that the
  statements contained therein are true. The  fact  that  an  individual's
  name  is  signed  on  a certification of the return shall be prima facie
  evidence that such individual is authorized  to  sign  and  certify  the
  return on behalf of the petroleum business. Blank forms of returns shall
  be   furnished   by   the  commissioner  of  taxation  and  finance,  on
  application, but failure to secure such a blank shall  not  release  any
  petroleum  business from the obligation of making any return required by
  this article.
    (h) Action by attorney general.--An action may be brought at any  time
  by  the attorney general at the instance of the commissioner of taxation
  and finance, in the name of the state, to compel the filing  of  returns
  due under this article.
    (i)  Returns  and records.--Returns shall be preserved for five years,
  and thereafter until the commissioner of  taxation  and  finance  orders
  them to be destroyed. Every petroleum business subject to tax under this

article  shall keep the records and documents referred to in subdivision
  one of section two hundred eighty-six of this  chapter  and  such  other
  records  of  its  business in such form as the commissioner may require;
  moreover,  the  records  required of transporters and storers under such
  subdivision shall apply with the same force and effect  to  transporters
  and storers of any product included in the measure of the tax imposed by
  this  article. All such records shall be preserved for a period of three
  years, except that the commissioner may  consent  to  their  destruction
  within that period or may require that they be kept longer.