New York Sales Tax

On this page you will find handy sales and use tax information about New York.

How to use this page:

We’ve pulled in the information from all our Charts for a consolidated view by state.  Here you can see the sales tax rates and if the state has remote seller nexus rules. You can also see any sales tax holidays or amnesty programs that may exist, though these do not apply to all states.

Below the chart you can find any News & Tip item we have published that relates to New York that you can filter by topic. This will help you get informed on current and past legislation that has passed in the state.

State Rate

4.000%

Range of Local Rates

0% – 5% Some local jurisdictions do not impose a sales tax.

Local Rates Apply to Use Tax

Yes

CLICK-THROUGH NEXUS

5/8/2008

AFFILIATE NEXUS

6/1/2009

ECONOMIC NEXUS

6/21/2018see state notice

MARKETPLACE NEXUS

6/1/2019

Administration Information
Streamlined Sales Tax Status

Advisory State

NUMBER OF TAXING AUTHORITIES

82 Sales Tax Jurisdictions

HOME RULE AUTHORITIES

N/A

Sales Tax Sourcing (Intrastate)

Destination

Sales Tax Return Due Date

Monthly filers: 20th of month following reporting period. Quarterly filers: last day of month following reporting period

Exemption Information
RESALE CERTIFICATE

New York Resale Certificate

TYPES OF EXEMPTIONS

Product types of exemptions: qualifying tractors, trailers, semitrailers, or omnibuses; promotional materials and associated services; computer system hardware; textbooks for college students; operators of internet data centers; capital improvement services; property and certain services for farm production or commercial horse boarding; purchase of a racehorse; purchases relating to guide, hearing, and service dogs; residential use of energy; and various others

 

Entity types of exemptions: Contractors; exempt organizations purchases; hotel rooms used by veterans; hotel rooms used by New York State or federal employees; certain property or services delivered on a Reservation; state or federal purchase orders

 

New York Exemption Certificate Forms

State Links
History & Fun Facts
HISTORY

  • The New York state sales and compensating use taxes on tangible personal property were effective August 1, 1965. Before that time, tax was imposed by the state and 12 other local governments.
  • New York was an early adopter of “Amazon laws.” In 2008, the state amended its sales and use tax law to expand the state’s definition of nexus to include companies that do not have physical presence other than in-state affiliates.

FUN FACTS
  • New York taxes prepared food items. In 2010, this tax was brought to people’s attention because it was affecting a New York favorite: the bagel. Bagels bought whole and taken away are not taxed. However, bagels that are sliced, toasted, or served with a “schmear” such as cream cheese cross the line into being prepared food and are subject to sales tax.
  • New York has an excellent FAQ on what is considered a sandwich for tax purposes.

New York Reduces Reach Back Period for Unclaimed Property Voluntary Compliance Program

Amazon.com entered a voluntary sales tax collection agreement with Wyoming. Amazon will begin collecting Wyoming sales tax on its sales to Wyoming consumers and businesses beginning March 1, 2017.

Online Sales Simplification Act of 2016 Discussion Draft is Introduced

The proposed legislation would implement a “hybrid origin” approach for remote sales. States could impose sales tax on remote sales if the origin state participates in a clearinghouse.

No Regulation Without Representation Act of 2016 Introduced

Taking the opposite approach of the Marketplace Fairness Act and Remote Transactions Parity Act, the proposed bill would limit the ability of states to require remote sellers to collect use tax. However, the bill failed to pass.

New York Issues Guidance on Method to Determine Delivery Location for Credit Rating Services

New York outlined method to use to determine the delivery location of credit rating services, effective 09/01/15. More…

Reception Services Provided by Security Company Exempt in New York

A security company’s reception services were exempt from New York sales tax. More…

Real-Time Web Analytics Data Service is Nontaxable in New York

A company’s real-time web analytics data services were not subject to New York sales and use tax. More…

Congress Approves Permanent Extension of Internet Tax Freedom Act

Congress approved a permanent extension of the Internet Tax Freedom Act, signed into law by the President 02/24/16. More…

Internet Tax Freedom Act Extended Through October 1, 2016

The President signed an act to extend the Internet Tax Freedom Act through 10/01/16. More…

New York Enacts Exemption for Electricity Sold Under Solar Power Purchase Agreements

New York enacted a sales and use tax exemption for electricity sold under solar power purchase agreements, effective 12/01/15. More…

Internet Tax Freedom Act Extended Until December 11, 2015

U.S. House of Representatives passed a provision to extend the Internet Tax Freedom Act until 12/11/15. More…

House Introduces Remote Transactions Parity Act of 2015

U.S. House of Representatives introduced the Remote Transactions Parity Act of 2015 on 06/15/15. More…

Senate Introduces Marketplace Fairness Act of 2015

On March 10, 2015, a bipartisan group of senators introduced the Marketplace Fairness Act of 2015.

Internet Tax Freedom Act Extended Until October 1, 2015, Permanent Extension Introduced

On December 16, 2014, President Barack Obama signed an act including a provision that extends the Internet Tax Freedom Act until October 1, 2015.

Service Fees of Website Offering Meals Not Taxable in New York

A taxpayer that operates a website through which restaurants offer meals for sale is not subject to New York sales tax on the service fees it charges to participating restaurants.

Internet Tax Freedom Act is Extended through December 11, 2014

President Barack Obama has signed federal legislation extending the Internet Tax Freedom Act through December 11, 2014.

New Federal Digital Goods and Services Bill Proposed

Representative Lamar Smith (Republican, Texas) has introduced a bill to bar multiple taxes on digital goods and services. Smith had proposed an earlier bill which failed to pass. This bill is a revised version of the earlier bill. The proposed…

U.S. Supreme Court Will Not Review Constitutionality of New York Click-Through Nexus Provision

The U.S. Supreme Court denied requests by Amazon.com and Overstock.com to review a New York Court of Appeals ruling concerning New York click-through nexus laws.

U.S. Supreme Court Petitioned to Review Constitutionality of New York Click-Through Nexus Provision

Amazon.com and Overstock.com have asked the U.S. Supreme Court to review a ruling by the New York Court of Appeals which held that they failed to demonstrate that a statutory provision that required out-of-state internet retailers with no physical presence…

New York Issues Bulletin on Materialmen and Pay-when-Paid

The New York Department of Taxation and Finance has issued a bulletin discussing materialmen and the pay-when-paid option. Materialmen who make qualified sales to contractors may be able to postpone payment of the sales tax incurred until they receive payment…

Click-Through Nexus Provision is Constitutional in New York

Amazon.com and Overstock.com failed to demonstrate that a provision that requires out-of-state Internet retailers with no physical presence in New York to collect New York sales and use taxes is unconstitutional on its face under the Commerce Clause or the Due Process Clause.

Federal Government Introduces New Remote Seller Bill

The federal Marketplace Fairness Act of 2013 was introduced in the House of Representatives and the Senate on February 14, 2013.

New York Defers Sales Tax for Building Materials

New York City Mayor Michael Bloomberg announced that a temporary New York state and New York City sales tax deferment on materials needed for rebuilding larger businesses damaged by Hurricane Sandy will take place. (Press Release, New York City Mayor…

New York Extends Deadline for Hurricane Emergency Tax Exemption Program

The deadline to apply for New York City’s sales tax exemption provided under the Hurricane Emergency Sales Tax Exemption Program has been extended from February 1, 2013, to April 1, 2013. The program provides emergency assistance to small businesses impacted…

Drawings Delivered Electronically Not Taxable in New York

A taxpayer\’s sales of drawings delivered electronically as PDF files are not subject to New York sales and use tax.