§ 1120. Refunds and credits with respect to motor fuel and diesel\nmotor fuel. (a) Retail vendor. (1) A vendor of motor fuel or diesel\nmotor fuel who or which is required to collect the taxes imposed by\nsubdivision (a) of section eleven hundred five of this article and any\nlike tax imposed pursuant to the authority of article twenty-nine of\nthis chapter shall be allowed a refund or credit against the amount of\ntax collected and required to be remitted to the commissioner pursuant\nto the provisions of section eleven hundred thirty-seven of this article\nupon the retail sale of motor fuel or diesel motor fuel in the amount of\nthe tax on such fuel prepaid by or passed through to and included in the\nprice paid by such vendor pursuant to the provisions of section eleven\nhundred two of this article.\n (2) A refund or credit shall also be allowed such vendor for the tax\nprepaid by or passed through to and included in the price paid by such\nvendor upon any motor fuel or diesel motor fuel pursuant to the\nprovisions of section eleven hundred two of this article if such fuel is\nsold at retail by such vendor under circumstances where the taxes\nimposed by section eleven hundred five of this article and pursuant to\nthe authority of article twenty-nine of this chapter are not required by\nthe provisions of this article to be collected and remitted upon\nreceipts from a retail sale thereof.\n (b) Retail user. A purchaser, user or consumer of motor fuel or diesel\nmotor fuel at retail who or which is required to pay the tax imposed by\nsection eleven hundred ten of this article and any like tax imposed\npursuant to the authority of article twenty-nine of this chapter with\nrespect to the purchase of or the use or consumption of such fuel shall\nbe allowed a credit against such tax required to be paid to the\ncommissioner pursuant to such section and article in the amount of the\ntax prepaid by or passed through to and included in the price paid by\nsuch purchaser, user or consumer pursuant to the provisions of section\neleven hundred two of this article.\n (c) Self-use of motor fuel or diesel motor fuel purchased at\nwholesale. A refund or credit equal to the amount of tax prepaid by or\npassed through to and included in the price paid by a purchaser, user or\nconsumer pursuant to the provisions of section eleven hundred two of\nthis article with respect to a purchase of motor fuel or diesel motor\nfuel other than at retail shall be allowed such purchaser, user or\nconsumer upon the use or consumption of such fuel at retail if the\nacquisition of such fuel by the purchaser, user or consumer would have\notherwise been exempt pursuant to section eleven hundred five-A, eleven\nhundred fifteen or eleven hundred sixteen of this article but for the\nprovisions of the last sentence of subdivision (c) of section eleven\nhundred two and subdivision (j) of section eleven hundred fifteen or of\nsuch last sentence and paragraph five of subdivision (b) of section\neleven hundred sixteen of this article. Also, a refund or credit shall\nbe allowed equal to the difference between the amount of tax prepaid by\nor passed through to and included in the price paid by a purchaser, user\nor consumer pursuant to the provisions of section eleven hundred two of\nthis article with respect to a purchase of diesel motor fuel other than\nat retail and the aggregate of the amount of tax that would have been\nimposed if measured by the applicable rate specified in section eleven\nhundred five-A of this article and the amount of tax that would have\nbeen imposed if measured by the applicable rate specified in section\ntwelve hundred ten of article twenty-nine upon diesel motor fuel which\nis used for residential heating purposes if the purchase, use or\nconsumption would have otherwise been subject to such lower rate of tax\npursuant to such section eleven hundred five-A but for the last sentence\nof subdivision (a) of such section eleven hundred five-A or
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.