Tax Due on Past Sales Not Affected by Later Discounts in New York

Monday, February 20th, 2017

 
 
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New York
General

The New York Tax Appeals Tribunal ruled that a discount for meeting a volume-purchasing requirement did not reduce tax due on past sales.

The taxpayer was a company that regularly made asphalt purchases. The taxpayer paid sales tax at the time of each purchase. The seller gave the taxpayer a discount later due to the total volume of asphalt purchased. The taxpayer sought to apply the discount to past sales to reduce the amount of tax it owed.

New York taxes the sales price of tangible personal property. Sales price is determined at the time of the sale. Accordingly, discounts for meeting a volume-purchasing requirement do not apply to past sales, so the discounts did not reduce the amount of tax due.

https://www.dta.ny.gov/pdf/decisions/826280.dec.pdf


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