New York Tax Law (Consolidated Laws)
N.Y. Tax Law § 425-A
Presumption of taxability
§ 425-a. Presumption of taxability. For the purpose of the proper administration of the taxes imposed by this article and to prevent evasion thereof, it shall be presumed with respect to this chapter that all alcoholic beverages possessed or found in this state are subject to the taxes imposed by this article until the contrary is established by substantial evidence. Except with respect to a purchase at retail of beers or wines and a purchase at retail of ninety liters or less of liquors, no person shall purchase alcoholic beverages in this state unless the taxes imposed by this article with respect to such beverages have been assumed by a distributor registered under this article or paid by such distributor pursuant to and in accordance with the manner provided herein and evidenced in accordance with the manner provided herein. In the case of liquors, such taxes shall be assumed by a distributor in accordance with the invoice required, and the certification of tax payment included therein, under section four hundred twenty-seven of this article; in the case of other alcoholic beverages, the taxes shall be assumed by such distributor pursuant to and in accordance with the rules or regulations of the department.
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In this article (22 sections)
- 420 · Definitions
- 421 · Registration of distributors
- 422 · Bonds of distributors
- 423 · Cancellation of registration of distributors
- 424 · Taxes imposed
- 425 · Special provision as to imposition of taxes on certain alcoholic…
- 425-A · Presumption of taxability
- 426 · Records to be kept by brand owners, distributors, owners and…
- 427 · Requirement and content of invoice on the sale of liquors
- 428 · Records and reports of transportation
- 429 · Payment of tax; returns
- 430 · Determination of tax
- 431 · Proceedings to recover tax
- 432 · Tax to be paid but once; foreign and interstate commerce;…
- 433 · Penalties and interest
- 434 · Refunds
- 434-A · Mailing rules; holidays
- 435 · Deposit and disposition of revenue
- 436 · General powers of the tax commission
- 437 · Returns to be secret
- 438 · Sale of stamps authorized
- 445 · Local taxes on beer and liquor by a city of one million or more