N.Y. Tax Law 1286 – Records to be kept
§ 1286. Records to be kept. (a) Every person liable for any tax imposed by this article shall keep:
Terms Used In N.Y. Tax Law 1286
- Agent: means a person that acts, by employment, contract, or otherwise, on behalf of one or more taxicab owners to operate or provide for the operation of a licensed medallion taxicab in accordance with the TLC's rules. See N.Y. Tax Law 1280
- City: means a city of a million or more located in the MCTD. See N.Y. Tax Law 1280
- Contract: A legal written agreement that becomes binding when signed.
- HAIL base: means a person who or which is a for-hire vehicle base station established pursuant to section 19-511 of the administrative code of the city of New York and permitted by the TLC to be affiliated with holders of HAIL licenses. See N.Y. Tax Law 1280
- HAIL vehicle: means a for-hire vehicle having a taximeter and a TLC-sanctioned trip record system, licensed by the TLC to carry passengers for hire and authorized to accept hails from prospective passengers in the streets of the city, provided that such authorization shall prohibit the pick-up of passengers by street hail at airports and by street hail or pre-arranged call in Manhattan south of east ninety-sixth street and south of west one hundred tenth street, or in such area as the TLC shall by rule prohibit pursuant to the chapter of the laws of two thousand twelve which added this subdivision. See N.Y. Tax Law 1280
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- owner: means a person licensed by the TLC to own and operate a medallion taxicab. See N.Y. Tax Law 1280
- Person: means an individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two or more persons. See N.Y. Tax Law 1280
- Taxicab: means a motor vehicle licensed by the TLC to carry passengers for hire and authorized to accept hails from prospective passengers in the street. See N.Y. Tax Law 1280
- TLC: means the taxi and limousine commission of the city. See N.Y. Tax Law 1280
(1) records of every taxicab or HAIL vehicle trip originating in the city and of all amounts paid, charged or due thereon and of the tax payable thereon, in such form as the commissioner may require;
(2) a true and complete copy of every contract, agreement, or arrangement concerning the lease, rental, or license to use a taxicab for which the person is required to remit the tax on trips imposed by this article on such person;
(3) a true and complete copy of every contract, agreement, or arrangement concerning the appointment of an agent;
(4) a true and complete copy of every contract, agreement, or arrangement concerning the affiliation of a HAIL vehicle or of a HAIL vehicle owner or driver with a HAIL base;
(5) true and complete copies of any records required to be kept by the TLC; and
(6) such other records and information as the commissioner may require to perform his or her duties under this article.
(b) Every person that has contracted with the city or TLC to provide services to the city, to the TLC, or to persons liable for tax under this article relating to taximeters, to administering taximeters or to information obtained from taximeters and every person that the TLC has authorized to obtain or possess information generated by taximeters shall keep true and complete copies of all meter information.
(c) The records required to be kept by this section shall be available for inspection and examination at any time upon demand by the commissioner or the commissioner's duly authorized agent or employee and 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. 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 reproduces the original record. If those records are maintained in an electronic format, they must be made available and accessible to the commissioner in electronic format.