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What is NYC AC § 11-804?

Quick Answer

This section establishes a presumption regarding the use of motor vehicles in New York City for tax purposes. It states that certain vehicles are presumed to be used principally in the city and subject to tax unless proven otherwise by the owner. Applies to vehicle owners subject to city tax regulations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-804 Presumption and burden of proof.

AC § 11-804

For the purpose of the proper administration of this chapter and to prevent evasion of the tax hereby imposed, it shall be presumed that all motor vehicles used in the city of the types described in paragraphs (a), (b) and (c) of subdivision three of section 11-801 of this chapter are used principally in the city or used principally in connection with a business carried on within the city and are subject to the tax until the contrary is established; and it shall be presumed that all motor vehicles used in the city of the types described in paragraphs (a) and (b) of subdivision four of section 11-801 of this chapter are used regularly, even though not principally in the city and are subject to the tax until the contrary is established. The burden of proving that a motor vehicle is not taxable under this chapter shall be on the owner of the motor vehicle.

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