Bill Text: NY S00535 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the imposition of the sales tax for purposes of the storage of tangible personal property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO BUDGET AND REVENUE [S00535 Detail]

Download: New_York-2021-S00535-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           535

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue

        AN ACT to amend the tax law, in relation to the imposition of the  sales
          tax for purposes of the storage of tangible personal property

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 4 of subdivision (c) of section 1105 of  the  tax
     2  law, as amended by chapter 72 of the laws of 1971, is amended to read as
     3  follows:
     4    (4)  Storing  all  tangible personal property not held for sale in the
     5  regular course of business and the rental of safe deposit boxes or simi-
     6  lar space; provided, notwithstanding any other rule or regulation to the
     7  contrary, for purposes of the imposition of the  sales  tax  under  this
     8  paragraph,  the  tax shall only be assessed for the provision of a place
     9  for the storage of goods and/or tangible personal property provided that
    10  the physical location of the storage facility itself that  is  providing
    11  the  safekeeping  of goods and/or tangible personal property is actually
    12  located fully within the physical boundaries of the state of  New  York,
    13  without  regard  to  the  manner of payment, or where the services arose
    14  from, or length of time  of  the  service,  provided  that  the  storage
    15  service provided is not storage in transit, shall serve as the basis for
    16  such imposition. Provider further, the imposition of sales tax for stor-
    17  age  services  shall  not be applicable to any offsite services provided
    18  either prior to, or subsequent to, the onsite storage and safekeeping of
    19  goods.
    20    § 2. This act shall take effect immediately and  shall  be  deemed  to
    21  have been in full force and effect on and after January 1, 2013.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04840-01-1