§ 4-17 Records To Be Kept.
RCNY § 4-17
(a)The law requires that certain records be kept by all dealers of cigarettes.
(1)All wholesale dealers, including agents, must keep records showing every purchase, sale or other disposition of all cigarettes and stamps handled.
(2)All invoices or other records indicating the purchase, sale or other disposition of cigarettes by a wholesale dealer must be either separate and distinct from all other records which a wholesale dealer shall possess or the cigarette transactions on such invoices or other records must be distinct from non-cigarette transactions recorded on the same invoice or other record.
(3)Agents authorized to keep cigarette tax stump affixing machines must keep a daily record of the meter readings, or the serial numbers of the rolls of stumps used, or other information required by the Commissioner of Finance on forms approved by him.
(4)Each agent or wholesale dealer in the City (other than a manufacturer) must, at the time of delivering cigarettes to any person, make a true duplicate serially numbered invoice showing his name, his address, the number of the then current license issued to him pursuant to 19 RCNY § 4-05, the date of delivery, the number of cartons in each shipment of cigarettes delivered, the name and address of the purchaser to whom delivery is made.
(5)Every wholesale dealer shall keep a record of the sales tax certificate number and city cigarette license number of each person to whom he delivers cigarettes. For this purpose, at the time of delivering cigarettes to any person, each wholesale dealer shall, unless previously obtained, request, and every retail dealer or other person to whom cigarettes are delivered shall furnish, his sales tax certificate number and the number of the then current license issued to him pursuant to 19 RCNY § 4-05. The failure or refusal to furnish these numbers shall be reported by the wholesale dealer to the Commissioner of Finance within five days of delivery.
(6)Each dealer in the City shall procure and retain invoices showing the number of cartons in each shipment of cigarettes received by him, the date of delivery, the name and address of the shipper, and the number of the then current license issued to the shipper pursuant to 19 RCNY § 4-05.
(b)The Commissioner of Finance may require any railroad company, express company, trucking company or carrier transporting any shipment of cigarettes into the city to file with the Commissioner of Finance a copy of the freight bill within ten days after delivery in the city of each shipment.
(c)In addition to the foregoing, every agent or dealer (other than a manufacturer) shall keep and maintain records of cigarettes on which a tax must be paid and of those on which a tax is not required to be paid. These records must also show the quantity of cigarettes returned because the cigarettes have become unsalable and any transfers of stamped or unstamped cigarettes to or from other agents. Records must also be maintained of cigarettes which are sold and delivered in the city and those which are sold and delivered to points outside the city, including quantities so sold and the names and addresses of the purchasers. Agents (other than manufacturers) are also required to keep records showing monthly inventories, at the beginning and close of each month, of stamped and unstamped cigarettes, and of the number of stamps.
(d)Each agent, wholesale dealer or other dealer is required to maintain, retain and keep for a period of three years the records mentioned above, as well as such other records as may be required by the Commissioner of Finance from time to time, for the use and inspection of the Commissioner of Finance.
(e)To verify the accuracy of the payment of the tax imposed by the law each dealer is required to give to the Commissioner of Finance or his duly authorized representative, the means, facilities and opportunity to examine the records herein required or for any other reasonable examination.
