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I. General Information

If a motor carrier operates a motor vehicle in New York State, the carrier is subject to certain taxes and related licensing and record-keeping requirements, administered by the New York State Tax Department. The carrier may be subject to some or all of the following taxes:

-Highway Use Tax (Article 21)

-Fuel use tax (Article 21-A)

-Corporate franchise tax (Article 9, Sections 183 and 184, or Article 9-A)

-Personal income tax (Article 22)

-Sales and compensating use taxes (Articles 28 and 29)

If a carrier transports automotive fuel, cigarettes, tobacco products or liquor in New York State, the carrier may be subject to additional licensing and record-keeping requirements (under Tax Law Articles 12-A, 20, or 18).

II. Highway Use Tax (Truck Mileage Tax) - Article 21

New York State imposes a Highway Use Tax on motor carriers operating certain motor vehicles on New York State public highways. The Highway Use Tax is not imposed on travel on the portions of the New York State Thruway for which a toll is charged (see TSB-M-95(6)M, Thruway Defined for Highway Use Tax Purposes). The Highway Use Tax is a weight-distance tax, computed based on mileage traveled by motor vehicles on New York State public highways at a rate determined by the weight of the motor vehicle. Before operating a motor vehicle as described below on New York State's public highways, a carrier must get a permit and sticker for each vehicle. To do this, the carrier must file an application for a Highway Use Tax (HUT) permit with the New York State Tax Department and pay the appropriate permit fee.

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