2010 New York Code
TAX - Tax
Article 13-A - (300 - 315) TAX ON PETROLEUM BUSINESSES
312 - Deposit and disposition of revenue.

§  312. Deposit and disposition of revenue.--(a) Except as provided in
  sections three hundred one-f and three hundred one-g of this chapter, of
  all of the taxes, interest and penalties collected or  received  by  the
  commissioner  of taxation and finance under section three hundred one of
  this article with respect to any taxable year  commencing  on  or  after
  April  first,  nineteen  hundred  eighty-four and to that portion of any
  taxable year commencing prior thereto to the extent of that  portion  of
  such  year  which  includes the period which commences with April first,
  nineteen hundred eighty-four, seventy-two and seven-tenths percent shall
  be deposited and disposed of pursuant to the provisions of  section  one
  hundred  seventy-one-a  of this chapter and the balance thereof shall be
  deposited in the mass transportation operating assistance  fund  to  the
  credit  of  the  metropolitan  mass  transportation operating assistance
  account and  the  public  transportation  systems  operating  assistance
  account  thereof in the manner provided by subdivision eleven of section
  one hundred eighty-two-a of this chapter. Provided,  however,  that  the
  actual  amount  of  such  taxes,  interest  and penalties which shall be
  deposited in such mass transportation operating assistance fund pursuant
  to this  section  during  the  twelve-month  period  from  April  first,
  nineteen  hundred  eighty-four  to  and  including  March  thirty-first,
  nineteen hundred eighty-five shall not be less  than  an  amount  which,
  when  added  to  the actual amount that is deposited in such fund during
  such twelve-month period and that is attributable to the taxes, interest
  and  penalties  collected  and  received  under  section   one   hundred
  eighty-two-a  of  this  chapter,  yields the sum of seventy-nine million
  five hundred thousand dollars and provided further that of  such  actual
  amounts  deposited  in such fund pursuant to this section and to section
  one hundred eighty-two-a of this chapter during the twelve-month  period
  from  April  first,  nineteen hundred eighty-five to March thirty-first,
  nineteen hundred eighty-six and  during  the  twelve-month  period  from
  April first, nineteen hundred eighty-six to March thirty-first, nineteen
  hundred  eighty-seven, the amount which shall be deposited to the credit
  of  the  public  transportation  systems  operating  assistance  account
  thereof  during  each  such  period  shall  be  not less than thirty-six
  million dollars. Provided further that if the total amount deposited  in
  the  mass  transportation  operating  assistance  fund during the twelve
  month  period  commencing  April  first,  nineteen  hundred  eighty-five
  pursuant to this section and to section one hundred eighty-two-a of this
  chapter  is  less  than  eighty  million  dollars, the comptroller shall
  deposit to the credit of the metropolitan mass transportation  operating
  assistance  account on or after April first, nineteen hundred eighty-six
  and on or before June thirtieth, nineteen hundred  eighty-six  from  any
  taxes, interest, and penalties collected or received by the commissioner
  of  taxation and finance under this article in addition to amounts which
  would otherwise be deposited to the credit of  the  mass  transportation
  operating  assistance  fund,  an  amount equal to the difference between
  eighty million dollars and the amounts actually deposited  in  the  mass
  transportation operating assistance fund during such twelve-month period
  pursuant to this section and to section one hundred eighty-two-a of this
  chapter. Provided further that if the total amount deposited in the mass
  transportation  operating assistance fund during the twelve month period
  commencing April first, nineteen hundred  eighty-six  pursuant  to  this
  section  and  to  section  one  hundred  eighty-two-a  of  this chapter,
  exclusive of the amount deposited in such fund  to  the  credit  of  the
  metropolitan  mass  transportation  operating  assistance  account on or
  after April first, nineteen hundred eighty-six and  on  or  before  June
  thirtieth,   nineteen  hundred  eighty-six  pursuant  to  the  preceding
  sentence, is less than eighty million  dollars,  the  comptroller  shall

deposit  to the credit of the metropolitan mass transportation operating
  assistance  account  on  or  after   April   first,   nineteen   hundred
  eighty-seven   and   on  or  before  June  thirtieth,  nineteen  hundred
  eighty-seven  from  any  taxes,  interest,  and  penalties  collected or
  received by the commissioner of taxation and finance under this  article
  in  addition to amounts which would otherwise be deposited to the credit
  of the mass transportation operating assistance fund, an amount equal to
  the difference between eighty million dollars and the  amounts  actually
  deposited  in  the  mass transportation operating assistance fund during
  such twelve-month period pursuant to this section  and  to  section  one
  hundred  eighty-two-a of this chapter, exclusive of the amount deposited
  in such fund to the  credit  of  the  metropolitan  mass  transportation
  operating  assistance  account on or after April first, nineteen hundred
  eighty-six and on or before June thirtieth, nineteen hundred  eighty-six
  pursuant  to  the  preceding  sentence. Provided, further, however, with
  respect to all taxes,  and  interest  and  penalties  relating  thereto,
  collected  or received by the commissioner of taxation and finance under
  the tax imposed by section  three  hundred  one  of  this  article  with
  respect to any taxable year commencing on and after June first, nineteen
  hundred  ninety and to that portion of any taxable year commencing prior
  thereto to the extent of that portion of such year  which  includes  the
  period  which commences June first, nineteen hundred ninety, eighty-nine
  and one-half percent of such collections shall be deposited and disposed
  of pursuant to the provisions of section one  hundred  seventy-one-a  of
  this  chapter  and  the  balance  thereof shall be deposited in the mass
  transportation  operating  assistance  fund  to  the   credit   of   the
  metropolitan  mass  transportation  operating assistance account and the
  public transportation systems operating assistance  account  thereof  in
  the  manner  provided  by  subdivision  eleven  of  section  one hundred
  eighty-two-a of this chapter.
    (b) Of all of the taxes collected or received by the  commissioner  on
  or  before  March  thirty-first,  nineteen  hundred ninety-one under the
  taxes imposed by sections three hundred one-a and three hundred one-e of
  this  article,  and  all  interest  and  penalties   relating   thereto,
  eighty-seven  and  five-hundredths  percent of such collections shall be
  deposited and disposed of pursuant to  the  provisions  of  section  one
  hundred  seventy-one-a  of this chapter and the balance thereof shall be
  deposited in the mass transportation operating assistance  fund  to  the
  credit  of  the  metropolitan  mass  transportation operating assistance
  account and  the  public  transportation  systems  operating  assistance
  account  thereof in the manner provided by subdivision eleven of section
  one hundred eighty-two-a of this chapter. Of  all  taxes,  interest  and
  penalties  collected  or  received  after  March  thirty-first, nineteen
  hundred  ninety-one,  and   before   April   first,   nineteen   hundred
  ninety-three, from the taxes imposed by sections three hundred one-a and
  three hundred one-e of this article, initially thirty-five percent shall
  be  deposited  and  disposed  of  pursuant  to  such section one hundred
  seventy-one-a. The balance thereof shall then be disposed of as follows:
  seventy-two and seven-tenths percent shall be deposited and disposed  of
  pursuant  to such section one hundred seventy-one-a and twenty-seven and
  three-tenths percent shall be  deposited  in  such  mass  transportation
  operating  assistance  fund  as  prescribed  in  the aforestated manner.
  Except as otherwise provided,  of  all  taxes,  interest  and  penalties
  collected   or  received  after  March  thirty-first,  nineteen  hundred
  ninety-three, and before April first, nineteen hundred ninety-four, from
  the taxes imposed by sections three  hundred  one-a  and  three  hundred
  one-e  of  this  article,  (i)  initially  fifty-four  percent  shall be
  deposited, as prescribed by subdivision (d)  of  section  three  hundred

one-j  of this chapter, (ii) twenty-eight and three-tenths percent shall
  be deposited and disposed  of  pursuant  to  such  section  one  hundred
  seventy-one-a  of  this  chapter in the general fund and (iii) seventeen
  and  seven-tenths percent shall be deposited in such mass transportation
  operating assistance fund  as  prescribed  in  the  aforestated  manner.
  Provided,  however,  that,  prior  to  such deposit, from the amounts so
  collected or received during the period  commencing  on  January  first,
  nineteen  hundred ninety-four and ending on March thirty-first, nineteen
  hundred ninety-four, an amount  equal  to  the  portion  of  the  taxes,
  interest  and  penalties  so  received  or  collected resulting from the
  amendments made by sections forty-two,  forty-three  and  forty-four  of
  chapter  fifty-seven  of the laws of nineteen hundred ninety-three shall
  be deposited and disposed of pursuant to the provisions  of  subdivision
  one  of  section  one  hundred  seventy-one-a of this chapter. Except as
  otherwise provided, of all taxes, interest and  penalties  collected  or
  received on or after April first, nineteen hundred ninety-four, from the
  taxes imposed by sections three hundred one-a and three hundred one-e of
  this  article,  (i)  initially fifty-four percent shall be deposited, as
  prescribed by subdivision (d) of section three  hundred  one-j  of  this
  article,  (ii)  twenty-eight and three-tenths percent shall be deposited
  and disposed of pursuant to such section one  hundred  seventy-one-a  of
  this  chapter  in  the  general  fund,  (iii)  seven  and  nine  hundred
  sixty-five  thousandths  percent  shall  be  deposited  in   such   mass
  transportation   operating   assistance   fund   as  prescribed  in  the
  aforestated  manner  and  (iv)  nine  and  seven   hundred   thirty-five
  thousandths percent shall be deposited in the revenue accumulation fund.
  Except  as  otherwise  provided,  of  all  taxes, interest and penalties
  collected or received on or  after  September  first,  nineteen  hundred
  ninety-four  and  before  September first, nineteen hundred ninety-five,
  from the taxes imposed by sections three hundred one-a and three hundred
  one-e of  this  article,  (i)  initially  fifty-nine  percent  shall  be
  deposited,  as  prescribed  by  subdivision (d) of section three hundred
  one-j of this article, (ii) twenty-two and four-tenths percent shall  be
  deposited   and  disposed  of  pursuant  to  such  section  one  hundred
  seventy-one-a of this chapter in the general fund, (iii) eight and three
  hundred seventy thousandths percent shall  be  deposited  in  such  mass
  transportation   operating   assistance   fund   as  prescribed  in  the
  aforestated manner and (iv)  ten  and  two  hundred  thirty  thousandths
  percent  shall  be deposited in the revenue accumulation fund. Except as
  otherwise provided, of all taxes, interest and penalties,  collected  or
  received  on  or after September first, nineteen hundred ninety-five and
  before April first, nineteen hundred ninety-six from the  taxes  imposed
  by sections three hundred one-a and three hundred one-e of this article,
  (i)  initially  sixty-two and eight-tenths percent shall be deposited as
  prescribed by subdivision (d) of section three  hundred  one-j  of  this
  article,  (ii)  eighteen  percent  shall  be  deposited  and disposed of
  pursuant to section one hundred seventy-one-a of  this  chapter  in  the
  general  fund,  (iii)  eight  and  six hundred forty thousandths percent
  shall be deposited in such mass transportation operating assistance fund
  as prescribed in the aforestated manner and (iv) ten  and  five  hundred
  sixty thousandths percent shall be deposited in the revenue accumulation
  fund. Except as otherwise provided, of all taxes, interest and penalties
  collected  or  received  on  or  after  April  first,  nineteen  hundred
  ninety-six, and before January first, nineteen hundred ninety-seven from
  the taxes imposed by sections three  hundred  one-a  and  three  hundred
  one-e  of  this  article,  (i)  initially  sixty-three  and three-tenths
  percent shall be deposited, as prescribed by subdivision (d) of  section
  three  hundred  one-j  of  this  article, (ii) seventeen and four-tenths

percent shall be deposited and disposed of pursuant to such section  one
  hundred  seventy-one-a  of  this  chapter  in the general fund and (iii)
  nineteen and three-tenths  percent  shall  be  deposited  in  such  mass
  transportation   operating   assistance   fund   as  prescribed  in  the
  aforestated manner.    Except  as  otherwise  provided,  of  all  taxes,
  interest  and penalties collected or received on or after January first,
  nineteen hundred ninety-seven and before January first, nineteen hundred
  ninety-eight from the taxes imposed by sections three hundred one-a  and
  three  hundred  one-e  of  this  article,  (i)  initially  sixty-six and
  two-tenths percent shall be deposited, as prescribed by subdivision  (d)
  of  section  three  hundred  one-j  of  this  article, (ii) fourteen and
  one-half percent shall be deposited and disposed  of  pursuant  to  such
  section  one  hundred  seventy-one-a of this chapter in the general fund
  and (iii) nineteen and three-tenths percent shall be deposited  in  such
  mass  transportation  operating  assistance  fund  as  prescribed in the
  aforestated manner.    Except  as  otherwise  provided,  of  all  taxes,
  interest  and penalties collected or received on or after January first,
  nineteen hundred ninety-eight and before April first,  nineteen  hundred
  ninety-nine  from  the taxes imposed by sections three hundred one-a and
  three hundred one-e of  this  article,  (i)  initially  sixty-eight  and
  one-tenth  percent  shall be deposited, as prescribed by subdivision (d)
  of section  three  hundred  one-j  of  this  article,  (ii)  twelve  and
  four-tenths  percent shall be deposited and disposed of pursuant to such
  section one hundred seventy-one-a of this chapter in  the  general  fund
  and  (iii) nineteen and one-half percent shall be deposited in such mass
  transportation  operating  assistance  fund   as   prescribed   in   the
  aforestated  manner.    Except  as  otherwise  provided,  of  all taxes,
  interest and penalties collected or received on or  after  April  first,
  nineteen  hundred  ninety-nine, from the taxes imposed by sections three
  hundred one-a and three hundred one-e of  this  article,  (i)  initially
  sixty-nine and eight-tenths percent shall be deposited, as prescribed by
  subdivision (d) of section three hundred one-j of this article, (ii) ten
  and  seven-tenths percent shall be deposited and disposed of pursuant to
  such section one hundred seventy-one-a of this chapter  in  the  general
  fund  and (iii) nineteen and one-half percent shall be deposited in such
  mass transportation operating  assistance  fund  as  prescribed  in  the
  aforestated manner. Except as otherwise provided, of all taxes, interest
  and  penalties  collected  or  received  on  or  after  April first, two
  thousand one, from the taxes imposed by sections three hundred one-a and
  three  hundred  one-e  of  this  article,  (i)  initially   eighty   and
  three-tenths  percent  shall  be deposited, as prescribed by subdivision
  (d) of section three hundred one-j of this article and (ii) nineteen and
  seven-tenths percent shall be  deposited  in  such  mass  transportation
  operating assistance fund as prescribed in the aforestated manner.
    Provided,  further,  that  on  or  before the twenty-fifth day of each
  month commencing with October, nineteen hundred ninety  and  terminating
  with  the month of March, two thousand one, the comptroller shall deduct
  the amount of six hundred twenty-five  thousand  dollars  prior  to  any
  deposit or disposition of the taxes, interest and penalties collected or
  received pursuant to such sections three hundred one-a and three hundred
  one-e  and  shall pay such amount to the state treasury to the credit of
  the general fund. Provided, further that on or before  the  twenty-fifth
  day  of  each  month  commencing  with  April,  two  thousand  one,  the
  comptroller shall deduct the amount of six hundred twenty-five  thousand
  dollars  prior to any deposit or disposition of the taxes, interest, and
  penalties collected or received pursuant to such sections three  hundred
  one-a  and  three  hundred  one-e  and  shall deposit such amount in the
  dedicated fund accounts pursuant to subdivision  (d)  of  section  three

hundred  one-j  of  this  article.  Provided,  further,  that commencing
  January fifteenth, nineteen hundred ninety-one, and  on  or  before  the
  tenth  day  of March and the fifteenth day of June and September of such
  year, the commissioner shall, based on information supplied by taxpayers
  and other appropriate sources, estimate the amount of the utility credit
  authorized by section three hundred one-d of this article which has been
  accrued  to  reduce tax liability under section one hundred eighty-six-a
  of this chapter during the period covered by such estimate  and  certify
  to  the  state  comptroller such estimated amount. The comptroller shall
  forthwith, after receiving such certificate, deduct the amount  of  such
  credit  so  certified  by  the  commissioner  prior  to  any  deposit or
  disposition of the taxes, interest and penalties collected  or  received
  pursuant  to  such  sections three hundred one-a and three hundred one-e
  and shall pay such amount so  certified  and  deducted  into  the  state
  treasury to the credit of the general fund. As soon as practicable after
  April  first,  nineteen  hundred ninety-one, nineteen hundred ninety-two
  and nineteen hundred ninety-three, but before  June  fifteenth  of  each
  such  year,  the  commissioner shall determine the amount of the utility
  tax credit which has been actually used to reduce  tax  liability  under
  such  section  one hundred eighty-six-a and shall certify the difference
  between such actual amount  and  the  earlier  estimated  amount.  Also,
  subsequently, during the fiscal year when the commissioner becomes aware
  of  changes  or  modifications  with respect to actual credit usage, the
  commissioner shall,  as  soon  as  practicable,  issue  a  certification
  setting  forth  the  amount  of any required adjustment to the amount of
  actual  credit  usage  previously   certified.   After   receiving   the
  certificate  of  the commissioner with respect to actual credit usage or
  modification of the same, the comptroller shall forthwith adjust general
  fund receipts and the revenues to be deposited or disposed of under this
  article to reflect the difference so certified by the commissioner.  The
  commissioner  shall  not be liable for any overestimate or underestimate
  of the amount of the utility credit which has been accrued to reduce tax
  liability under such section one hundred  eighty-six-a.  Nor  shall  the
  commissioner  be  liable  for  any  inaccuracy  in  any certificate with
  respect to the amount of such  credit  actually  used  or  any  required
  adjustment  with  respect  to  actual credit usage, but the commissioner
  shall as soon as practicable after discovery of  any  error  adjust  the
  next certification under this section to reflect any such error.
    On  or before July thirty-first, nineteen hundred ninety-two and on or
  before   July   thirty-first,   nineteen   hundred   ninety-three,   the
  commissioner  shall conduct the following reconciliation with respect to
  the preceding fiscal year: he shall multiply the  total  of  all  taxes,
  penalties  and  interest,  after  refunds  and reimbursements, which are
  derived from the motor fuel component, the automotive-type diesel  motor
  fuel   component   and   the   aviation  gasoline  component  by  twenty
  fifty-fifths; the total of all  taxes,  penalties  and  interest,  after
  refunds    and    reimbursements,    which    are   derived   from   the
  nonautomotive-type  diesel  motor  fuel  component   (excluding   taxes,
  penalties  and  interest  which are derived from product with respect to
  which the credit or reimbursement  provided  by  section  three  hundred
  one-d  is  taken)  by  twenty-fiftieths;  and  all  taxes, penalties and
  interest, after refunds and reimbursements, which are derived  from  the
  residual  petroleum  product  component  (excluding taxes, penalties and
  interest which are derived from product with respect to which the credit
  or reimbursement provided by section three hundred one-d  is  taken)  by
  twenty-fortieths. The products of the foregoing multiplications shall be
  added  together and the resulting sum of such products shall be compared
  with the total of the amounts initially distributed during  such  fiscal

year  with  respect  to such components (excluding receipts derived from
  product with respect to which the credit or  reimbursement  provided  by
  section  three  hundred  one-d  is  taken and excluding any amount which
  represents  a  reconciliation  adjustment  pursuant  to  this paragraph)
  pursuant to section one hundred  seventy-one-a  of  this  chapter  which
  represented   thirty-five  percent  of  the  total,  after  refunds  and
  reimbursements, of  all  taxes,  penalties  and  interest  collected  or
  received  during such fiscal year under sections three hundred one-a and
  three hundred one-e during the months of such fiscal year  with  respect
  to  such  components.  The commissioner shall then certify the amount of
  such difference to the comptroller. If the amounts initially distributed
  in such fiscal year are greater than  the  sum  of  such  products,  the
  comptroller   shall   withhold  an  amount  equal  to  twenty-seven  and
  three-tenths percent of such difference from the first moneys  otherwise
  payable  to  the general fund pursuant to this subdivision and shall pay
  such amount to the mass transportation operating assistance fund to  the
  credit  of  the  metropolitan  mass  transportation operating assistance
  account and  the  public  transportation  systems  operating  assistance
  account  thereof  in  the  aforestated  manner. If the amounts initially
  distributed in such fiscal year are less than the sum of such  products,
  the  comptroller  shall  withhold  an  amount  equal to twenty-seven and
  three-tenths percent of such difference from the first moneys  otherwise
  payable to the mass transportation operating assistance fund pursuant to
  this subdivision and shall pay such amount to the general fund.
    When  the  commissioner becomes aware of changes or modifications with
  respect  to  the  distribution  of  revenue  under  this  article,   the
  commissioner  shall,  as  soon  as  practicable,  issue  a certification
  setting forth the amount of any required adjustment. After receiving the
  certificate of the commissioner with respect  to  any  adjustments,  the
  comptroller  shall  forthwith  adjust  general  fund  receipts  and  the
  revenues to be deposited or disposed of under this  article  to  reflect
  the  difference so certified by the commissioner. The commissioner shall
  not be liable for any overestimate or underestimate of the amount of the
  distribution. Nor shall the commissioner be liable for any inaccuracy in
  any certificate with respect to the amount of the  distribution  or  any
  required   adjustment   with   respect  to  the  distribution,  but  the
  commissioner shall as soon as practicable after discovery of  any  error
  adjust  the  next  certification  under this section to reflect any such
  error.
    Prior  to  making  deposits  as  provided  in  this  subdivision,  the
  comptroller  shall  retain such amount as the commissioner may determine
  to be necessary, subject to the approval of the director of the  budget,
  for  reasonable  costs of the department in administering and collecting
  the taxes deposited pursuant to this subdivision  and  for  refunds  and
  reimbursements  with respect to such taxes, out of which the comptroller
  shall pay any refunds or reimbursements of such taxes to which taxpayers
  shall be entitled.