Sec. 413.4. Records to be kept by distributors and others

Tax Law, § 286

(a) Except as provided for by subdivision (c) of this section, every person who or which:

(1) imports or causes to be imported into this State;

(2) produces, refines, manufactures or compounds within this State; or

(3) purchases, sells or otherwise distributes in this State,

motor fuel or ingredients which may be manufactured or compounded into motor fuel, must keep a complete and accurate record of all purchases, sales or other disposition of such motor fuel and ingredients. Further, such person must also keep a complete and accurate record of the number of gallons of such motor fuel and ingredients so imported, caused to be imported, produced, refined, manufactured or compounded. In addition, complete and accurate records must be kept for any information the Department of Taxation and Finance may require, including sufficient information so as to properly complete and substantiate any return, report or certification required by or pursuant to the authority of article 12-A of the Tax Law.

(b) Records required pursuant to this section must be in such form and contain such other information as the Department of Taxation and Finance prescribes. Such records, unless otherwise required, must be preserved for a period of three years, and upon oral or written demand by the Commissioner of Taxation and Finance or any of his duly authorized agents such records must be made available for inspection. The Commissioner of Taxation and Finance and his duly authorized agents may in verification of the amount of any tax due under article 12-A of the Tax Law examine the equipment pertaining to the storage, sale or delivery of motor fuel, as well as the stock of motor fuel in the possession or control of any person required to keep records. Each such person must give to the commissioner or his duly authorized representatives the means, facilities and opportunities for such inspection and examination.

(c) For purposes of article 12-A of the Tax Law and except as otherwise provided for in this Title, this section should not be construed to require the keeping of records of purchasers or sales of motor fuel (or ingredients thereof) at retail in quantities of than 30 gallons. Provided further, no such records are required with respect to motor fuel or such ingredients imported into this State in the ordinary fuel tank of a motor vehicle if not removed from such tank except as used in the propulsion of the motor vehicle.

(d) See Part 2402 of this Title for taxpayer record retention formats.