Week of 8/23/2010 thru 8/27/2010
Important Publications and Notices
Current quarterly interest rates applicable to overpayments (refunds) and underpayments (late payments and assessments) for October 1, 2010 through December 31, 2010.
The Commissioner has established the required average price applicable to the sales tax quarter beginning September 1, 2010. As a result, no local cents-per-gallon tax rate on qualified fuel is being adjusted effective September 1, 2010. Similarly, no adjustment is being made to the statutorily prescribed State cents-per-gallon rate (8 cents-per-gallon or 6 cents-per-gallon for B20 biodiesel) or the statutorily prescribed Metropolitan Commuter Transportation District (MCTD) cents-per-gallon rate (¾ of one cent per gallon or 6/10 of one cent per gallon for B20 biodiesel) on qualified fuel effective September 1, 2010. The Tax Department will issue a similar notice prior to the beginning of subsequent sales tax quarters.
As a result of recently enacted legislation (Chapter 57 of the Laws of 2010), the transfer, contribution, or distribution (hereinafter “transfer”) of an aircraft or vessel in connection with certain corporate or partnership transactions is no longer excluded as a retail sale. Accordingly, the transfer is subject to New York State and local sales and use taxes. However, in certain situations a refund or credit is provided for the sales and use tax previously paid by the seller. This new law applies to sales and uses of aircraft or vessels occurring on or after August 11, 2010.
Chapter 57 of the Laws of 2010 amended the Tax Law to exclude charges for transportation services provided by affiliated livery vehicles wholly within New York City from the state and local sales taxes on transportation services. This amendment is retroactive to June 1, 2009. For general information relating to sales tax on certain transportation services, see TSB-M-09(2)S, Sales Tax Imposed on Certain Transportation Services, and TSB-M-09(7)S, Additional Guidance Relating to the Sales Tax on Certain Transportation Services.
On March 2, 2010, the Department of Taxation and Finance received a Petition for Advisory Opinion from name and address redacted. Petitioner asks whether receipts from the sale of graphic novel comic books, trade paperbacks that contain multiple issues of comic books, and single back issues of comics are subject to sales tax.
On April 13, 2010, the Department of Taxation and Finance received a Petition for Advisory Opinion from name redacted (Petitioner), address redacted. Petitioner asks whether the payments that he makes to the name redacted (yacht club) pertaining to the mooring of a boat are subject to sales tax.
On June 14, 2010, the Department of Taxation and Finance received a Petition for Advisory Opinion from name and address redacted. Petitioner asks whether its installation of window film is subject to sales tax.
Up-to-date Forms Information
- Up-to-Date Information Affecting Your 2009 Tax Return
Visit our Income Tax and Corporation Tax Up-to-Date Information page for tax law changes or corrections that occurred after the forms and instructions were printed and which may affect your 2009 tax return.
Policy and Statistical Reports
Emergency Adoption and Proposal to amend Appendix 10-C of Title 20 NYCRR to adjust the New York City income tax withholding tables and methods in accordance with Part EE of Chapter 57 of the Laws of 2010. The rule amends withholding tables and other methods applicable to wages and other compensation paid on or after September 1, 2010. Amendments are also made to provisions regarding withholding on supplemental wages to reflect the new rate of withholding. The emergency amendments were adopted and signed by Acting Commissioner Woodward. Emergency Adoption and Proposal