20 CRR-NY 44.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 20. DEPARTMENT OF TAXATION AND FINANCE
CHAPTER I. FRANCHISE AND CERTAIN BUSINESS TAXES
SUBCHAPTER F. TAX ON THE FURNISHING OF UTILITY SERVICES
PART 44. DEFINITION OF UTILITY
20 CRR-NY 44.3
20 CRR-NY 44.3
44.3 Activities not subject to tax.
(a) Where an owner of real property pays charges for water supplied to a building, on a meter, frontage, or other basis, and in turn charges the tenant or tenants in the building for the quantity of water consumed by them at the same rates as he is required to pay, such owner is not considered a utility. It is not material whether the arrangement with the tenants provides for payment on the basis of the quantity of water submetered to them or on the basis of a proportion of the total water charge to the owner, but in order not to be considered a utility the owner must charge the tenants at the same rates he pays and only for the portion or quantity consumed by them.
(b) Public and private limited dividend housing corporations organized under the State Housing Law are not subject to the tax.
20 CRR-NY 44.3
Current through February 28, 2023
End of Document