N.Y. Tax Law 1135 – Records to be kept
§ 1135. Records to be kept. (a) (1) Every person required to collect tax shall keep records of every sale or amusement charge or occupancy and of all amounts paid, charged or due thereon and of the tax payable thereon, in such form as the commissioner of taxation and finance may by regulation require. Such records shall include a true copy of each sales slip, invoice, receipt, statement or memorandum upon which subdivision (a) of section eleven hundred thirty-two requires that the tax be stated separately.
Terms Used In N.Y. Tax Law 1135
- Article: means a prose composition, including commentaries, reviews, editorials, op-eds, letters to the editor, and reader comments on articles. See N.Y. Tax Law 1101
- Entertainment event: shall include concerts, athletic contests or exhibitions, other than amateur sports competition, and other similar forms of entertainment, irrespective of both the kind of facility or site where such event is held and whether such event has an admission charge subject to tax, where the person or persons performing at such event do not perform on a regular, systematic or recurring basis at the same location. See N.Y. Tax Law 1131
- Entertainment promoter: shall include any person who either directly or indirectly rents, leases or grants a license to use space to an entertainment vendor at the facility or site of an entertainment event, or who under any other arrangement authorizes such a vendor to sell tangible personal property at such facility or site, and any person who has any management responsibility with respect to such a vendor making such sales at such an event. See N.Y. Tax Law 1131
- person: includes an individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing. See N.Y. Tax Law 1101
- Personal property: All property that is not real property.
- Petroleum products: means diesel motor fuel as defined in subdivision fourteen of section two hundred eighty-two of this chapter, other than kerosene or propane used for residential purposes, or motor fuel as defined in subdivision two of section two hundred eighty-two of this chapter. See N.Y. Tax Law 1101
- Show: shall include a flea market, craft show, antique show, coin show, stamp show, comic book show, fair and any similar show, whether held regularly or of a temporary nature, at which more than one vendor displays for sale or sells tangible personal property or services subject to tax. See N.Y. Tax Law 1131
- Show promoter: shall include any person who, either directly or indirectly, rents, leases or grants a license to use space to any person for the display for sale or for the sale of tangible personal property or services subject to tax, at more than three shows during the calendar year, or who operates more than three shows during the calendar year. See N.Y. Tax Law 1131
- Tax: shall include any tax imposed by sections eleven hundred five, or eleven hundred ten, and any amount payable to the tax commission by a person required to file a return, as provided in section eleven hundred thirty-seven. See N.Y. Tax Law 1131
(2) In addition to the records required to be kept by paragraph one of this subdivision, retail food stores and other participants approved for participation in the federal food stamp program under or pursuant to the federal food stamp act of nineteen hundred seventy-seven (7 U.S.C. § 2011 et seq.), as amended, whose receipts may be subject to exemption afforded by subdivision (k) of section eleven hundred fifteen, shall keep (A) true and complete copies of applications, updates of applications, redemption certificates, returns and reports furnished to or by the United States government or this state or their agencies in order to participate in the food stamp program or to redeem coupons issued under or pursuant to such federal act, and (B) records of receipts indicating whether payment is by coupons issued under or pursuant to such act.
(b) Every show promoter shall keep a record of the date and place of each show and the name, address and certificate of authority number of every person whom he permits to display for sale or to sell tangible personal property or services subject to tax at such show.
(c) Every entertainment promoter shall keep a record of the date and place of each entertainment event and the name, address and certificate of authority number of every person authorized by such promoter to make taxable sales of tangible personal property at such event.
(d) Every person selling or holding large volumes of petroleum products shall keep records for such periods and in the manner prescribed by the commissioner pursuant to rules and regulations. Such records shall show (1) the number of gallons of petroleum products purchased, the price paid therefor, the amount of tax paid pursuant to the provisions of section eleven hundred two of this article and (2) the number of gallons sold, and the price paid by the purchaser to whom such person sells the petroleum products, and the amount of tax included in such price pursuant to the provisions of section eleven hundred two of this article and the amount of tax collected pursuant to the provisions of subdivision (a) of section eleven hundred five of this article applicable to such sale together with such additional information as the commissioner shall require. The amount of tax shall be calculated in the manner set forth in section eleven hundred eleven of this article.
(e) Every person selling or possessing large quantities of cigarettes shall keep records for such periods and in the manner prescribed by the commissioner pursuant to rules and regulations. Such records shall show (1) the number of cigarettes purchased, the price paid therefor, the person from whom such cigarettes were purchased, and the amount of tax paid pursuant to the provisions of section eleven hundred three of this article and (2) the number of cigarettes sold, the person to whom such cigarettes are sold (other than a retail purchaser) and the price paid by the purchaser to whom such person sells the cigarettes, and the amount of tax included in such price pursuant to the provisions of section eleven hundred three of this article or the amount of tax collected pursuant to the provisions of subdivision (a) of section eleven hundred five of this article applicable to such sale, together with such additional information as the commissioner shall require.
(f) Every materialman described in paragraph two of subdivision (a) of section eleven hundred thirty-two of this part shall, in addition to the records required to be kept by paragraph one of subdivision (a) of this section, keep the following records with respect to each sale of building materials or services described in such paragraph two of subdivision (a) of section eleven hundred thirty-two of this part to a contractor, subcontractor or repairman: (1) the date of such sale; (2) proof that the sale meets the qualifications described in such paragraph two; (3) the amount of credit, if any, extended by such materialman to such contractor, subcontractor or repairman for each such sale; (4) the terms for payment of the purchase price or repayment of any such credit; and (5) the date or dates on which such purchase price is paid or such credit is repaid, in part or whole, and the amount of each such payment or repayment. Notwithstanding the provisions of subdivision (g) of this section, the records referred to in this subdivision shall be preserved by such materialman for a period of three years from the date the tax on each such sale is paid over to the commissioner in full; provided, however, that the commissioner may consent to their destruction within that period or may require that they be kept longer.
(g) Such records shall be available for inspection and examination at any time upon demand by the tax commission or its duly authorized agent or employee and shall be preserved for a period of three years, except that the tax commission may consent to their destruction within that period or may require that they be kept longer. Such records may be kept within the meaning of this section when reproduced on any photographic, photostatic, microfilm, micro-card, miniature photographic or other process which actually reproduced the original record.
(h) Notwithstanding the provisions of § 305 of the state technology law or any other law, the commissioner may require any person who has elected to maintain in an electronic format any portion of the records required to be maintained by that person under this article, to make the electronic records available and accessible to the commissioner, notwithstanding that the records are also maintained in a hard copy format.