N.Y. Comp. Codes R. & Regs. tit. 20 § 538.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 538.4 - Recordkeeping requirements

Tax Law, § 1135, 1142-A(b), (i)

(a)General.

As part of the additional records required to be kept by section 1142-A of the Tax Law, every parking facility operator must keep, separately for each parking facility operated by such operator, and make available to the department upon request, the following information:

(1) the parking facility name;

(2) the parking facility address;

(3) the license number of such facility, if applicable;

(4) the days and hours of operation for such facility; and

(5) the licensed capacity of such facility, if licensed.

(b) Daily records.

As part of the additional records required to be kept by section 1142-A of the Tax Law, every parking facility operator must keep on a daily basis, separately for each parking facility, records that adequately provide the following information:

(1) the day of the week and the date covered by the daily record;

(2) the beginning and ending numbers of tickets issued on such day and date;

(3) the total number of tickets issued;

(4) the sales tax rates applicable;

(5) the total number of transactions and amount of receipts from taxable sales of parking services;

(6) the total number of transactions and amount of receipts from all sales of parking services;

(7) the total number of transactions and value of parking services furnished without charge (e.g., coupons, scrip, voids, others);

(8) the total number of transactions and amount of receipts from sales of parking services paid for by a person other than the person whose vehicle is parked, garaged or stored (such as merchant validation and payment of a customer's parking ticket);

(9) the total amount of receipts from prepaid sales of parking services (e.g., coupons, scrip, miscellaneous);

(10) the total number of transactions and amounts of receipts from sales of monthly or longer term parking services and whether wholly tax exempt, exempt only from the additional eight percent Manhattan parking tax or fully taxable;

(11) the total amount of receipts from sales of tangible personal property and services other than parking services (e.g., car washing, maps, oil, etc.) and the nature of such sales; and

(12) the total tax liability on receipts from all sales of tangible personal property and services.

(c) Monthly records.

As part of the additional records required to be kept by section 1142-A of the Tax Law, each parking facility operator must also keep a monthly summary of the information contained in each daily record for that month, as such daily record is described in subdivision (b) of this section. Such monthly record must be kept separately for each parking facility and in a manner that adequately provides the department with the ability to reconcile such monthly record with, and trace all information on such monthly record back to, the daily records and the tickets and other original source documents required to be kept as additional records under section 1142-A of the Tax Law or this Part or as otherwise required to be kept by law or regulation.

(d) The daily and monthly records described in subdivisions (b) and (c) of this section must each also show the name, address and if applicable, the license number, of the parking facility to which each such record is applicable.

(e) In lieu of keeping the records required to be kept by subdivision (b) or (c) of this section in written form, a parking facility operator may elect to keep such records (or a portion thereof), with all the specificity set forth in subdivision (b) or (c) of this section, in machine-sensible form in the manner that a taxpayer which keeps or processes records on an automated data processing system, as such term is used in Part 39 of this Title, is required to keep records in machine-sensible form as prescribed in Part 39 of this Title. The provisions of Part 39 of this Title shall apply for purposes of the records authorized to be kept by this subdivision so far as such provisions can be made applicable to the records authorized to be kept by this subdivision with such limitations as set forth in this Part and such modifications as may be necessary in order to adapt such language to the records authorized to be kept by this subdivision. Such provisions shall apply with the same force and effect as if the language of such provisions had been incorporated in full into this section and had expressly referred to the records authorized to be kept by this subdivision, except to the extent that any provision is either inconsistent with a provision of this Part or is not relevant to the records authorized to be kept by this subdivision. Any records kept in machine-sensible form pursuant to this subdivision are part of the additional records required to be kept by section 1142-A of the Tax Law. See, also, Part 2402 of this Title for taxpayer record retention formats.

(f) Every parking facility operator shall also keep its schedule of rates, and changes therein, for each parking facility, separately, showing the prices charged for hourly, daily, weekly and monthly, or other applicable period, parking or storage of motor vehicles and all other rates charged therefor, including any special rate applicable to a limited period of time or to special circumstances. Whenever a change of rates shall occur, the parking facility operator shall be required to keep any previous schedule of rates as well as the new schedule of rates, for each parking facility, separately. A copy of each rate schedule, as required to be filed with the Commissioner of Consumer Affairs of the City of New York under section 2-161(g)(2)(iv) of Subchapter Q of Title 6 of the Regulations of the City of New York, must also be kept by each parking facility operator.

(g) Any records required or authorized to be kept by this Part or required to be kept in accordance with the Regulations of the City of New York cited herein must be kept by the parking facility operator for a period of at least three years from the due date of the latest sales and use tax return to which they relate or from the date of filing such return, if later.

(h) Any records required to be kept by section 1142-A of the Tax Law or this Part must be made available to the department upon request.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 538.4