301-F - Tax surcharge.
§ 301-f. Tax surcharge. (a) Imposition of tax surcharge. In addition to the tax imposed by section three hundred one of this article, for taxable years commencing on or after June first, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which includes the period which commences with June first, nineteen hundred ninety, and ending with (but not including) taxable years commencing on and after September first, nineteen hundred ninety, but including that portion of any taxable year commencing prior thereto to the extent of that portion of such year which included the period which terminates with August thirty-first, nineteen hundred ninety, there is hereby imposed upon every petroleum business, for all or any part of each of its taxable years, a tax surcharge equal to fifteen percent of the rate of tax imposed by section three hundred one of this article on (i) its gross receipts from sales of petroleum where shipments are made to points within the state, (ii) the consideration given or contracted to be given by it for petroleum (other than aviation fuel) which it imported or caused to be imported (by a person other than one which is subject to tax under this article) into this state for consumption by it in this state, and (iii) the consideration given or contracted to be given by it for aviation fuel consumed by it in this state. The tax surcharge shall be applicable to receipts from or consideration given with respect to all deliveries on and after June first, nineteen hundred ninety. For purposes of the tax surcharge imposed by this section, any taxable year commencing prior to September first, nineteen hundred ninety but ending after August thirty-first, nineteen hundred ninety shall be deemed terminated as of such August thirty-first and such year shall be brought to a close as of such August thirty-first. Except as provided in subdivision (c) of this section, all of the provisions of this article applicable to the tax imposed by section three hundred one of this article shall apply with respect to the tax surcharge imposed by this section to the same extent as if it were imposed by such section three hundred one, insofar as such provisions can be made applicable to the tax surcharge imposed by this section, with such modification as may be necessary to adapt such provisions to the tax surcharge imposed by this section. (b) Credit, refund or reimbursement. An electric corporation, as defined in subdivision thirteen of section two of the public service law, subject to the supervision of the department of public service shall be allowed a credit against the tax surcharge imposed by this section or a refund or reimbursement in the amount of the tax surcharge under this section imposed on or passed through to such electric corporation with respect to residual petroleum product or diesel motor fuel (which is not enhanced diesel motor fuel) used by such electric corporation to fuel generators for the purpose of manufacturing or producing electricity. An aviation fuel business shall be allowed a tax credit against the tax surcharge imposed by this section or a refund or reimbursement in the amount of the tax surcharge under this section imposed on such business with respect to kero-jet fuel consumed by such business in the operation of its aircraft. (c) Deposit and disposition of revenue. Any provisions of this article to the contrary notwithstanding, the full amount of any tax surcharge, as well as interest and penalties relating thereto, collected or received by the commissioner of taxation and finance under this section shall be deposited and disposed of solely pursuant to the provisions of section one hundred seventy-one-a of this chapter.