Relates to farm winery and farm distillery sales tax information return filing requirements.
Sponsor: Farrell / Co-sponsor(s): Thiele, Montesano, Rivera P, Brindisi, Gunther
Law Section: Tax Law / Law: Amd S1136, Tax L
Sponsor: Farrell / Co-sponsor(s): Thiele, Montesano, Rivera P, Brindisi, Gunther
Law Section: Tax Law / Law: Amd S1136, Tax L
A9523-2011 Actions
- Jul 18, 2012: signed chap.107
- Jul 17, 2012: delivered to governor
- Jun 18, 2012: RETURNED TO ASSEMBLY
- Jun 18, 2012: PASSED SENATE
- Jun 18, 2012: 3RD READING CAL.1283
- Jun 18, 2012: SUBSTITUTED FOR S7019
- Apr 30, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- Apr 30, 2012: delivered to senate
- Apr 30, 2012: passed assembly
- Apr 26, 2012: advanced to third reading cal.493
- Apr 25, 2012: reported
- Mar 8, 2012: referred to ways and means
A9523-2011 Votes
VOTE: FLOOR VOTE:
- Jun 18, 2012
Ayes (55): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Diaz
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins
A9523-2011 Text
S T A T E O F N E W Y O R K
9523 I N ASSEMBLY March 8, 2012
Introduced by M. of A. FARRELL -- (at request of the Department of Agri culture and Markets) -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to farm winery and farm distil lery sales tax information return filing requirements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (C) of paragraph 1 of subdivision (i) of section 1136 of the tax law, as added by section 1 of subpart G of part V-1 of chapter 57 of the laws of 2009, is amended to read as follows:
(C) Every wholesaler, as defined by section three of the alcoholic beverage control law, if it has made a sale of an alcoholic beverage, as defined by section four hundred twenty of this chapter, without collect ing sales or use tax during the period covered by the return, except (i) a sale to a person that has furnished an exempt organization certificate to the wholesaler for that sale; or (ii) a sale to another wholesaler whose license under the alcoholic beverage control law does not allow it to make retail sales of the alcoholic beverage. For each vendor, opera tor, or recipient to whom the wholesaler has made a sale without collecting sales or compensating use tax, the return must include the total value of those sales made during the period covered by the return (excepting the sales described in clauses (i) and (ii) of this subpara graph) and the vendor's, operator's or recipient's state liquor authori ty license number, along with the information required by paragraph two of this subdivision. A PERSON OPERATING PURSUANT TO A FARM WINERY LICENSE AS PROVIDED IN SECTION SEVENTY-SIX-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW, OR A PERSON OPERATING PURSUANT TO A FARM DISTILLERY LICENSE AS PROVIDED IN SUBDIVISION TWO-C OF SECTION SIXTY-ONE OF SUCH LAW, OR A PERSON OPERATING PURSUANT TO BOTH SUCH LICENSES, SHALL NOT BE SUBJECT TO ANY OF THE REQUIREMENTS OF THIS SUBDIVISION.
S 2. This act shall take effect immediately and shall apply to annual returns due on and after March 20, 2012. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14252-01-2

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