N.Y. Tax Law § 276

Current through 2024 NY Law Chapter 443

Section 276 - Power of tax commission

Every person, firm, company, association, corporation or business conducted by a trustee or trustees, engaged in whole or in part in the making or negotiating of sales, agreements to sell, deliveries or transfers of shares or certificates taxable under this article, or conducting or transacting a brokerage business, hereinafter in this section called "broker", shall keep or cause to be kept at some accessible place within the state of New York, a just and true book of account, in such form as may be prescribed by the tax commission, wherein shall be plainly and legibly recorded in separate columns (1) unless provided otherwise by rules and regulations of the tax commission, providing for its recording in some other manner in records kept by such broker, the date of receipt of every order for every sale, agreement to sell, delivery or transfer of such shares or certificates together with the name, class and number of shares to which such order relates and the name and address (or other identification which refers to records kept by such broker containing such name and address) of the person placing the order; (2) the date of making every sale, agreement to sell, delivery or transfer of such shares or certificates, the name and the number of shares thereof, the selling price, the date of the order or orders to which such transaction relates; (3) the name and address (or other identification which refers to records kept by such broker, containing such name and address) of the seller or transferrer, and his resident or nonresident status, as defined in the provisions of section two hundred seventy-a of this chapter; (4) the name of the purchaser or transferee; (5) the face value of the adhesive stamps affixed; and (6) the identifying number of the bill or memorandum of sale used as provided for by section two hundred and seventy of this chapter. This book shall also have recorded therein each separate purchase of stock transfer stamps, showing the date, the amount and from whom purchased.

Every association, company or corporation or business conducted by a trustee or trustees shall keep or cause to be kept at some accessible place within the state of New York a stock certificate book and a just and true book of account, transfer ledger or register, in such form as may be prescribed by the tax commission, wherein shall be plainly and legibly recorded in separate columns, the date of making every transfer of stock, or other certificates included within this article, the name and number of shares thereof, the serial number of each surrendered certificate, the name of the parties surrendering such certificate, the serial number of the certificate issued in exchange therefor, the number of shares covered by said certificate, the name of the party to whom said certificate was issued and the face value of the stamps attached in payment of the tax on the transfer of the certificate. Evidence of the payment of the tax provided for by sections two hundred and seventy and two hundred and seventy-a of this chapter shall be provided in one of the following manners and not otherwise, to wit:

(a) By attaching to the certificate surrendered for transfer, the stamps required for and any declaration permitted by paragraph (c) of subdivision one of section two hundred seventy-a of this chapter with respect to such transfer, or

(b) If the stamps and any such declaration are not attached to the certificate, but are attached to the bill or memorandum of sale effecting or evidencing the transfer of such certificate, by attaching to said certificate the said bill or memorandum of sale with stamps and declaration, if any, attached, or

(c) If the stamps and declaration, if any, covering the transfer are attached to a bill or memorandum effecting a transfer of one or more certificates or to one or more certificates included in said transfer, a notation must be made upon such certificates, bill or memorandum, as the case may be, clearly specifying and identifying the certificate or certificates to the sale or transfer of which the said stamps and declaration apply, or

(d) If the bill or memorandum bearing such stamps and declaration is not attached to the surrendered certificate or certificates to which it applies, a notation must be made upon such bill or memorandum stating the serial number or numbers of the certificates to which said bill or memorandum applies, as provided by section two hundred and seventy of this chapter. It shall also retain and keep all surrendered or canceled shares or certificates and all memoranda and any declarations relating to the sale or transfer of any thereof. All such books of account, transfer ledgers, registers and certificate books, shall be retained and kept as aforesaid for a period of at least four years subsequent to the date of the last entry made therein as herein required; and all such surrendered or canceled shares or certificates, memoranda and declarations relating to the sale or transfer of shares or certificates taxable under this article, shall be retained and kept for a period of at least four years from the date of the delivery thereof. For the purpose of ascertaining whether the tax imposed by this article has been paid, all such books of account, transfer ledgers, registers, certificate books, surrendered or canceled shares or certificates and memoranda and declarations relating to the sale or transfer thereof, shall at all times between the hours of ten o'clock in the forenoon and three o'clock in the afternoon, except Saturdays, Sundays and legal holidays, be open to examination by the tax commission or its duly authorized representative. The tax commission may consent to the destruction of all surrendered or canceled shares or certificates and all memoranda and any declarations relating to the sale or transfer thereof provided the tax commission has completed an examination with respect to the transactions to which such documents relate, is satisfied that the original of such documents no longer need be preserved, a record of such documents is recorded, copied or reproduced by any process which accurately reproduces or forms a durable medium for reproducing the original and such record is retained for the remainder of the applicable four year period specified above and is open to examination by the tax commission on the days and during the hours set forth above.

The tax commission by a special proceeding in the supreme court may enforce its right to examine such books of account, bills or memoranda of sale or transfer, transfer ledger, register and certificate books and surrendered or canceled shares or certificates and declarations or a record of such shares or certificates and all memoranda and any declarations relating to the sale or transfer thereof recorded, copied or reproduced as herein provided. If the tax commission ascertains that the tax provided for in this article has not been paid, the attorney general, at the instance of the commission, shall bring an action in its name as such tax commission, in any court of competent jurisdiction for the recovery of such tax and for any penalty incurred by any person under the provisions of this article.

Every person, firm, company, association or corporation or business conducted by a trustee or trustees that shall fail to keep such book of account or bills of memoranda of sale or transfer, or transfer ledger, register or certificate book or surrendered or canceled shares or certificates or declarations as herein required, or who alters, cancels, obliterates or destroys any part of said records, except as herein permitted, or makes any false entry therein, or who shall refuse to permit the tax commission or any of its authorized representatives freely to examine any of said books, records or papers at any of the times herein provided, or who shall in any other respect violate any of the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall for each and every such offense pay a fine of not less than five hundred dollars nor more than five thousand dollars, or be imprisoned not less than three months nor more than one year, or both in the discretion of the court.

N.Y. Tax Law § 276