Friday, October 31, 2014

A Guide To Sales Tax in New York State

This publication is a comprehensive guide to New York State and local sales and use taxes for businesses that sell taxable tangible personal property, perform taxable services, receive admission charges, or operate a hotel or motel, and restaurants, taverns, or other establishments that sell food and drink.

For basic, easy-to-understand explanations of particular sales tax topics, see the sales tax bulletins, available on the Tax Department’s Web site at www.tax.ny.gov. The Tax Department has issued a number of these sales tax bulletins and continue to add new bulletins on a regular basis.

It is the department’s goal that all taxpayers meet their sales tax obligations and pay the correct amount of tax due. If your business makes sales of property or services that are subject to sales tax, it must register for sales tax purposes and obtain a Certificate of Authority. You should thoroughly read all the information contained in this publication so that you become aware of your obligations in regard to sales tax. If you fail to fulfill your obligations under the Sales Tax Law, you could be subject to penalties and/or charged with a crime. Some of these obligations include, but are not limited to:

• registering for sales tax purposes and displaying a Certificate of Authority (see How to obtain your Certificate of Authority) and Tax Bulletin How to Register for New York State Sales Tax (TB-ST-360);
• collecting the proper amount of sales tax from customers (see Calculating and stating the sales tax) and Tax Bulletin Taxable Receipts-How Discounts, Trade-ins and Additional Charges Affect Sales Tax (TB-ST-860);
• issuing and accepting properly-completed sales tax exemption certificates (see Exemption certificates) and Tax Bulletin Exemption Certificates for Sales Tax (TB-ST-240);
• maintaining records of sales and purchases in an orderly and adequate manner (see Record keeping) and Tax Bulletin Recordkeeping Requirements for Sales Tax Vendors (TB-ST-770);
• filing sales tax returns and remitting any sales tax due in a timely manner as a trustee for the state (see Filing your sales tax return) and Tax Bulletin Filing Requirements for Sales and Use Tax Returns (TB-ST-275);

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