N.Y. Tax Law 504 – Exemptions
§ 504. Exemptions. The provisions of this article shall not apply to any vehicular unit:
Terms Used In N.Y. Tax Law 504
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Carrier: shall include any person having the lawful use or control, or the right to the use or control of any vehicular unit in this state. See N.Y. Tax Law 501
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Grantor: The person who establishes a trust and places property into it.
- Gross weight: shall mean the unloaded weight of the motor vehicle plus the unloaded weight of the heaviest motor vehicle, trailer, semi-trailer, dolly or other device to be drawn by such motor vehicle (determined in a manner similar to the method for determining the unloaded weight of a motor vehicle) plus the weight of the maximum load, exclusive of the weight of the driver and his helper, to be carried or drawn by such motor vehicle. See N.Y. Tax Law 501
- Motor vehicle: shall include any automobile, truck, tractor or other self-propelled device, having a gross weight in excess of eighteen thousand pounds, or any truck having an unloaded weight in excess of eight thousand pounds, or any tractor, having an unloaded weight in excess of four thousand pounds, which is used upon the public highways otherwise than upon fixed rails or tracks. See N.Y. Tax Law 501
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: shall include an individual, co-partner, limited liability company, society, association, corporation, joint stock company, lessee, and any combinations of individuals; an executor, administrator, receiver, trustee or other fiduciary. See N.Y. Tax Law 501
- Vehicular unit: shall mean a motor vehicle alone or in combination with any other motor vehicle, trailer, semi-trailer, dolly, or other device drawn thereby. See N.Y. Tax Law 501
1. Operating over a rural route and engaged exclusively in the transportation of United States mail under contract.
2. Owned and operated by the United States, the state or any other state or any county, city, town or municipality in this state, or any other state or by any agency or department thereof.
3. (a) Operated by a farmer or by a person that bears the relationship to such farmer described in paragraph (b) of this subdivision and used exclusively by such farmer or such person in transporting such farmer's own agricultural commodities and products, pulpwood or livestock, including the packed, processed, or manufactured products thereof, that were originally grown or raised on such farmer's farm, lands or orchard, or when used to transport supplies and equipment to such farmer's farm or orchard that are consumed and used thereon or when operated by such farmer or such person in transporting farm products from a farm contiguous to such farmer's farm.
(b) The relationship to such farmer as referenced in paragraph (a) of this subdivision, shall include:
(i) members of a family, including spouses, ancestors, lineal descendants, brothers and sisters (whether by the whole or half blood), and entities related to such a family member as described in subparagraphs (ii) through (iv) of this paragraph;
(ii) a shareholder and a corporation more than fifty percent of the value of the outstanding stock of which is owned or controlled directly or indirectly by such shareholder;
(iii) a partner and a partnership more than fifty percent of the capital or profits interest in which is owned or controlled directly or indirectly by such partner;
(iv) a beneficiary and a trust more than fifty percent of the beneficial interest in which is owned or controlled directly or indirectly by such beneficiary;
(v) two or more corporations, partnerships, associations, or trusts, or any combination thereof, which are owned or controlled, either directly or indirectly, by the same person, corporation or other entity, or interests; and
(vi) a grantor of a trust and such trust.
4. Where the motor vehicle has a gross weight of eighteen thousand pounds or less until such time as an election applicable to such motor vehicle is filed to compute the tax under the method provided in subdivision three of section five hundred three of this chapter.
5. Used exclusively in the transportation of household goods (as defined by the commissioner of transportation of this state or the interstate commerce commission) by a carrier under authority of the commissioner of transportation of this state or of the interstate commerce commission.
6. Owned and operated by any fire company or fire department as defined in section three of the volunteer firefighters' benefit law.