20 CRR-NY 86.1NY-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 I. CIGARETTE TAX, CIGARETTE MARKETING STANDARDS AND TOBACCO PRODUCTS TAX
ARTICLE 2. CIGARETTE MARKETING STANDARDS
PART 86. DETERMINATION OF COST
20 CRR-NY 86.1
20 CRR-NY 86.1
86.1 Evidence considered in determining costs.
Tax Law, ยง 485(a)(1)
In determining the cost of the agent, the cost of the CMSA wholesale dealer and the cost of the CMSA retail dealer, as such terms are described in Part 82 of this Title, the Department of Taxation and Finance or a court shall receive and consider as bearing on the bona fides of such costs, evidence tending to show that any person against whom a complaint has been made under any of the provisions of article 20-A of the Tax Law purchased cigarettes, with respect to the sale of which such complaint was made, at a fictitious price, or upon such terms or in such a manner or under such invoices as to conceal the true costs, discounts or terms or purchase. The department or court shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or State.
20 CRR-NY 86.1
Current through February 28, 2023
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.