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In the interim, the taxpayer issued invoices to its clients that included the statement “includes any applicable sales taxes,” and allocated the invoice amount into taxable and non-taxable charges and applicable sales tax. The New York State Department of Taxation and Finance subsequently determined in its advisory opinion that the taxpayer's credit rating service was not subject to sales tax, but was subject to the NYC Tax on credit rating services under N. Tax Law § 1212-A(a)(3) for services delivered in New York City.
This document provides instructions for the Registration 2017 Online Filing (the “Return”).
The administrative law judge ruled that the taxpayer was only entitled to a refund if it demonstrated that the sales tax had been refunded to its customers.
Since the taxpayer did not refund its customers, the claims for refund were denied.
If you do not file by the deadline, you will be subject to penalties, interest, and fees.
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For more information, see New York Special Tax Department Notice No. New York Issues Opinion on Sales Tax Refund A taxpayer was denied a refund of sales tax erroneously paid on its sales of securities rating services because the taxpayer did not refund the tax paid to its clients. During the period at issue, the taxpayer was unsure whether the service that it provided was subject to New York sales tax and requested an advisory opinion from the New York State Department of Taxation and Finance as to whether its services were taxable.
The advisory opinion was not issued until 18 months later.
New York Issues Opinion on City Residency An administrative law judge has agreed that the New York State Division of Taxation correctly determined that taxpayers were statutory residents of New York City for the 2011 through 2012 tax years.
In this matter, the uncontested record revealed that the taxpayers were physically present for more than 183 days.
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