N.Y. Tax Law § 503: Imposition of tax

§ 503. Imposition of tax. 1. In addition to any other tax or fee

imposed by law, there is hereby levied and imposed a highway use tax for

the privilege of operating any vehicular unit upon the public highways

of this state and for the purpose of recompensing the state for the

public expenditures incurred by reason of the operations of such

vehicular units on the public highways of this state. Such tax shall be

upon the carrier except that where the carrier is not the owner of such

vehicular unit, the tax shall be a joint and several liability upon

both. Such tax shall be based upon the gross weight of each motor

vehicle and the number of miles it is operated on the public highways in

this state except as hereinafter provided.

(a) The tax for each such motor vehicle shall be computed by

multiplying the number of miles operated on the public highways in this

state by the appropriate tax rate as it appears in the gross weight

method table entitled "laden miles" set forth in paragraph (b) of this

subdivision for the gross weight of the motor vehicle.

(b)

Gross Weight Method

Laden Miles

Gross Weight of Vehicle Tax Rate

(in mills)

1. 18,001 to 20,000 inclusive 6.0

2. 20,001 to 22,000 inclusive 7.0

3. 22,001 to 24,000 inclusive 8.0

4. 24,001 to 26,000 inclusive 9.0

5. 26,001 to 28,000 inclusive 9.5

6. 28,001 to 30,000 inclusive 10.0

7. 30,001 to 32,000 inclusive 10.5

8. 32,001 to 34,000 inclusive 11.0

9 34,001 to 36,000 inclusive 11.5

10. 36,001 to 38,000 inclusive 12.0

11. 38,001 to 40,000 inclusive 12.5

12. 40,001 to 42,000 inclusive 13.0

13. 42,001 to 44,000 inclusive 14.0

14. 44,001 to 46,000 inclusive 15.0

15. 46,001 to 48,000 inclusive 16.0

16. 48,001 to 50,000 inclusive 17.0

17. 50,001 to 52,000 inclusive 18.0

18. 52,001 to 54,000 inclusive 19.0

19. 54,001 to 56,000 inclusive 20.0

20. 56,001 to 58,000 inclusive 21.0

21. 58,001 to 60,000 inclusive 22.0

22. 60,001 to 62,000 inclusive 23.0

23. 62,001 to 64,000 inclusive 24.0

24. 64,001 to 66,000 inclusive 25.5

25. 66,001 to 68,000 inclusive 27.0

26. 68,001 to 70,000 inclusive 28.5

27. 70,001 to 72,000 inclusive 30.0

28. 72,001 to 74,000 inclusive 32.5

29. 74,001 to 76,000 inclusive 35.0

30. 76,001 and over add two mills per ton

and fraction thereof

(c) Provided, however, when a motor vehicle is operated without any

load or cargo, either alone or when it is drawing an unloaded trailer,

semi-trailer, dolly or other device, the carrier shall in lieu of

computing the tax by the gross weight method table entitled "laden

miles" compute the tax by multiplying the number of miles operated under

such conditions by the appropriate tax rate entitled "unladen miles" for

tractors set forth in this paragraph, if the vehicular unit is propelled

by a tractor, and by the appropriate tax rate entitled "unladen miles"

for trucks set forth in this paragraph, if the vehicular unit is

propelled by a truck. Such tax rate shall be determined by the unloaded

weight of the tractor if the motor vehicle is a tractor and, in all

other cases, by the combined unloaded weight of any such motor vehicle

plus the unloaded weight of the heaviest trailer, semi-trailer, dolly or

other device to be drawn by such motor vehicle (determined in a manner

similar to the methods for determining the unloaded weight of a motor

vehicle) when the motor vehicle is operated under such conditions.

Provided further, however, when an unloaded tractor is being operated

alone, the carrier shall compute the tax by multiplying the mileage

operated under such conditions by the appropriate tax rate for trucks

set forth in this paragraph determined at the unloaded weight of the

tractor.

Gross Weight Method

Unladen Miles

Tractors

Tax Rate

Unloaded Weight (in mills)

1. 7,001 to 8,500 inclusive 6.0

2. 8,501 to 10,000 inclusive 7.0

3. 10,001 to 12,000 inclusive 8.0

4. 12,001 to 14,000 inclusive 9.0

5. 14,001 to 16,000 inclusive 9.5

6. 16,001 to 18,000 inclusive 10.0

7. 18,001 and over add five tenths of

a mill per ton and

fraction thereof

Trucks

Tax Rate

Unloaded Weight (in mills)

1. 18,001 to 20,000 inclusive 6.0

2. 20,001 to 22,000 inclusive 7.0

3. 22,001 to 24,000 inclusive 8.0

4. 24,001 to 26,000 inclusive 9.0

5. 26,001 to 28,000 inclusive 9.5

6. 28,001 to 30,000 inclusive 10.0

7. 30,001 and over add five tenths of

a mill per ton and

fraction thereof

(d) Provided, however, for purposes of determining the applicable

rates of tax under this subdivision, for those miles when a truck does

not draw a trailer, semi-trailer, dolly or other device, the gross

weight and unloaded weight of the truck shall be determined without

regard to the weight of any trailer, semi-trailer, dolly or other device

drawn at other times by the truck or the weight of any load carried by

any such trailer, semi-trailer, dolly or other device.

2. In lieu of basing the tax on the gross weight and mileage of each

vehicular unit consisting of a combination of motor vehicle and trailer

operated as a unit, any carrier operating more than one such vehicular

unit may elect in his return to base the tax on (i) the gross weight of

its heaviest laden motor vehicle and the number of laden miles all of

its motor vehicles are operated on the public highways of this state

under such condition by the tax rate entitled "laden miles" set forth in

paragraph (b) of subdivision one of this section plus (ii) the unloaded

weight of its heaviest unladen tractor, if the vehicular unit is

propelled by a tractor and in all other cases, by the combined unloaded

weight of the motor vehicle plus the unloaded weight of the heaviest

trailer, semi-trailer, dolly or other device to be drawn by such motor

vehicle (determined in a manner similar to the method for determining

the unloaded weight of a motor vehicle) and the number of unladen miles

all of its motor vehicles are operated on the public highways of this

state under such conditions by the tax rate entitled "unladen miles" set

forth in paragraph (c) of subdivision one of this section for the

tractor or truck, as the case may be. Provided, however, when an

unloaded tractor is being operated alone, the carrier in lieu of the

computation required by clause (ii) of this subdivision for such mileage

shall compute the tax for the mileage operated under such conditions by

multiplying the appropriate tax rate for trucks set forth in such

paragraph determined at the unloaded weight of the tractor. Such

election may be made with respect to each return filed by a carrier and

shall apply to all such motor vehicles required to be included in a

return of the carrier during the taxable period covered thereby. Such

election shall be irrevocable with respect to the taxable period for

which the return is filed.

3. In lieu of computing the tax on the basis provided in the preceding

subdivisions, any carrier may elect to compute the tax on the basis of

the unloaded weight of each motor vehicle and the number of miles it is

operated on the public highways in this state. The tax computed for each

such motor vehicle shall be computed by multiplying the number of miles

operated on the public highways in this state by the appropriate tax

rate in the following tables:

Tax Rate

Unloaded Weight of Truck (in mills)

1. 8,00l to 9,000 inclusive 4

2. 9,001 to 10,000 inclusive 5

3. 10,001 to 11,000 inclusive 7

4. 11,001 to 12,000 inclusive 8

5. 12,001 to 13,000 inclusive 9

6. 13,001 to 14,000 inclusive 10

7. 14,001 to 15,000 inclusive 11

8. 15,001 to 17,500 inclusive 12

9. 17,501 to 20,000 inclusive 14

10. 20,001 to 22,500 inclusive 18

11. 22,501 to 25,000 inclusive 22

12. 25,001 and over 27

Unloaded Weight of Tractor

1. 4,001 to 5,500 inclusive 6

2. 5,501 to 7,000 inclusive 10

3. 7,001 to 8,500 inclusive 14

4. 8,501 to 10,000 inclusive 18

5. 10,001 to 12,000 inclusive 25

6. 12,001 and over 33

Such election may be made by the carrier only on the first return

required to be filed by him in any calendar year and shall apply to all

motor vehicles required to be included therein. Such election shall be

irrevocable with respect to the taxable period for which such return is

filed and all subsequent returns covering operations during any part of

the calendar year in which such election is made.