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NYS Sales and Use Taxes

Victor Roberts
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      01-27-2004, 11:13 PM
For those NYS residents who may not have noticed, NYS has
added something new to state tax returns.

It has been law in New York for many years that NYS
residents must pay the NYS Sales and Use Tax (if the
merchant they purchased the item from did not collect the
tax) on items purchased outside of New York State that are
shipped into NY or items that the residents themselves
purchase outside NY that they transport into NY for use
there. (This last provision is intended mostly to collect
Sales and Use Taxes on items purchased on Indian
reservations in NYS and adjoining states.) Credit is allowed
for sales and use tax paid in another state on the same
item. This law has generally been ignored by most residents,
as I believe it is in other states with similar laws. New
York has now made the law impossible to ignore.

Forms IT-200 and IT-201 for tax year 2003 include a line for
payment of any Sales and Use Tax due. This line requires an
entry. That is, it cannot be left blank like other lines on
the Forms IT-200 and IT-201 if you have no entry. You must
enter an amount, even if that amount is $0.

The instructions assume that some people are going to do an
exact calculation of the Sales and Use Tax due on every item
they purchased in 2003, including the credit for the tax
collected by the out of state merchant. Since most people
will not have the records to do these calculations, NYS also
provides fixed amounts, that vary by income, that can be
paid in lieu of the "exact" calculation.

Vic Roberts

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