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What is NYC AC § 16-491?

Quick Answer

This section establishes a paper carryout bag reduction fee of five cents for each paper carryout bag provided by tax-collecting entities, effective March 1, 2020. The fee must be separately stated on sales documents and reported quarterly to the New York State Commissioner of Taxation and Finance. Applies to businesses providing paper carryout bags to customers.

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

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§ 16-491 Paper carryout bag reduction fee.

AC § 16-491

a. On and after March 1, 2020, there shall be a paper carryout bag reduction fee of five cents imposed on each paper carryout bag provided by any person required to collect tax to a customer. b. Any sales slip, invoice, receipt or other statement of price furnished by a person required to collect tax to a customer shall separately state and make payable the paper carryout bag reduction fee and shall state the number of paper carryout bags provided to the customer. c. Pursuant to paragraph (c) of subdivision 1 of section 27-2805 of the environmental conservation law, the transfer of a paper carryout bag to a customer by a person required to collect tax shall not constitute a retail sale and the fee imposed on paper carryout bags pursuant to this section shall not constitute a receipt for the sale of tangible personal property. d. Pursuant to subdivision 4 of section 27-2805 of the environmental conservation law, the paper carryout bag reduction fee shall be reported and paid by a person required to collect tax to the New York state commissioner of taxation and finance, accompanied by a return in the form and containing the information prescribed by such commissioner, on a quarterly basis on or before the twentieth day of the month following each quarterly period ending on the last day of February, May, August and November, respectively. (L.L. 2019/100, 5/19/2019, eff. 3/1/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/100.

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