§ 474 — Records to be kept; examination

New York § 474

• Jurisdiction: New York
• Law TAX: Tax
• Art. 20: Tax On Cigarettes and Tobacco Products

Text

§ 474. Records to be kept; examination. 1. Every person who shall\npossess or transport any unstamped cigarettes upon the public highways,\nroads or streets of the state, shall be required to have in his actual\npossession invoices or delivery tickets for such cigarettes. Such\ninvoices or delivery tickets shall show the name and address of the\nconsignor or seller, the name and address of the consignee or purchaser,\nthe quantity and brands of the cigarettes transported, and the name and\naddress of the person who has or shall assume the payment of the tax.\nThe absence of such invoices or delivery tickets shall be prima facie\nevidence that such person is a dealer in cigarettes in this state and\nsubject to the provisions of this article.\n 2. Every person who shall possess or transport more than two hundred\nfifty cigars, or more than five pounds of tobacco other than\nroll-your-own tobacco, or more than thirty-six ounces of roll-your-own\ntobacco upon the public highways, roads or streets of the state, shall\nbe required to have in his actual possession invoices or delivery\ntickets for such tobacco products. Such invoices or delivery tickets\nshall show the name and address of the consignor or seller, the name and\naddress of the consignee or purchaser, the quantity and brands of the\ntobacco products transported, and the name and address of the person who\nhas or shall assume the payment of the tax and the wholesale price or\nthe tax paid or payable. The absence of such invoices or delivery\ntickets shall be prima facie evidence that such person is a dealer in\ntobacco products in this state and subject to the requirements of this\narticle.\n 3. Every dealer or distributor or employee thereof, or other person\nacting on behalf of a dealer or distributor, who shall possess or\ntransport more than fifty cigars or more than one pound of tobacco upon\nthe public highways, roads or streets of the state, shall be required to\nhave in his actual possession invoices or delivery tickets for such\ntobacco products. Such invoices or delivery tickets shall show the name\nand address of the consignor or seller, the name and address of the\nconsignee or purchaser, the quantity and brands of the tobacco products\ntransported, and the name and address of the person who has or shall\nassume the payment of the tax and the wholesale price or the tax paid or\npayable. The absence of such invoices or delivery tickets shall be prima\nfacie evidence that the tax imposed by this article on tobacco products\nhas not been paid and is due and owing.\n 4. At the time of delivering cigarettes to any person each agent or\nwholesale dealer, and at the time of delivering tobacco products to any\nperson each distributor or wholesale dealer of tobacco products, shall\nmake a true duplicate invoice showing the date of delivery, the number\nof packages and number of cigarettes contained therein, in each shipment\nof cigarettes delivered, and the items and quantity and wholesale price\nof each item in each shipment of tobacco products delivered, and the\nname of the purchaser to whom delivery is made, and shall retain the\nsame for a period of three years subject to the use and inspection of\nthe commissioner. Each dealer shall procure and retain invoices showing\nthe number of packages and number of cigarettes contained therein, in\neach shipment of cigarettes received by him or her, and the items and\nquantity and wholesale price of each item in each shipment of tobacco\nproducts received by him or her, the date thereof, and the name of the\nshipper, and shall retain the same for a period of three years subject\nto the use and inspection of the commissioner. The commissioner by\nregulation may provide that whenever cigarettes or tobacco products are\nshipped into the state, the railroad company, express company, trucking\ncompany or other public carrier transporting any shipment thereof shall\nfile with the commissioner a copy of the freight bill within ten days\nafter the delivery in the state of each shipment. All dealers shall\nmaintain and keep for a period of three years such other records of\ncigarettes or tobacco products received, sold or delivered within the\nstate as may be required by the commissioner. The commissioner is hereby\nauthorized to examine the books, papers, invoices and other records of\nany person in possession, control or occupancy of any premises where\ncigarettes or tobacco products are placed, stored, sold or offered for\nsale, and the equipment of any such person pertaining to the stamping of\ncigarettes or the sale and delivery of cigarettes or tobacco products\ntaxable under this article, as well as the stock of cigarettes or\ntobacco products in any such premises or vehicle. To verify the accuracy\nof the tax imposed and assessed by this article, each such person is\nhereby directed and required to give to the commissioner or his or her\nduly authorized representatives, the means, facilities and opportunity\nfor such examinations as are herein provided for and required.\n 5. Every accredited college, university or hospital that receives\nresearch tobacco products as defined in subdivision twenty of section\nfour hundred seventy of this article shall, in good faith, file an\nannual information return on or before the last day of January reporting\nall research tobacco products received by such college, university or\nhospital or its affiliated researcher within the preceding calendar\nyear. Such return shall be in the form and shall include such\ninformation as the commissioner prescribes by regulation. Any person\nrequired to file an information return by this subdivision who willfully\nfails to timely file such return or willfully fails to provide any\nmaterial information required to be reported on such return may be\nsubject to a penalty of up to one thousand dollars.\n