Relates to exemptions from sales and use tax for books, candy, pictures, posters, trinkets, or any item containing a logo, collectable or seasonal item sold at a book fair or program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3036
SPONSOR: Reilly TITLE OF BILL:
An act to amend the tax law, in relation to exemptions from sales and
use tax for books, candy, pictures, posters, trinkets, or any item
containing a logo, collectable or seasonal item sold at a book fair or
program
PURPOSE OR GENERAL IDEA OF BILL:
SUMMARY OF PROVISIONS:
Section 1 adds a new paragraph (45) to Section 1115 of the Tax Law,
which states that books and other items sold at a school facility at a
school book fair sponsored by a public or non-public school, parent-
teachers' association, or similar group shall be exempt from the State
sales and compensating use tax.
Section 2 provides the effective date.
JUSTIFICATION:
Currently, all books except textbooks for purposes of higher education,
are subject to the state sales and compensating use tax which creates a
disincentive to students from purchasing more books than they can afford
or are willing to pay. This bill seeks to correct this issue by creating
and promoting a greater incentive for students to read.
PRIOR LEGISLATIVE HISTORY:
02/11/21 referred to ways and means
01/05/22 referred to ways and means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
EFFECTIVE DATE:
This act shall take effect on the first day of a sales tax quarterly
period, as described in subdivision (b) of section 1136 of the tax law,
next commencing at least thirty days after this act shall have become
law and shall comply in accordance with the applicable transitional
provisions of sections 1106 and 1217 of the tax law; provided, further,
that the commissioner of taxation and finance shall be authorized on and
after the date this act shall have become a law to take steps necessary
to implement the provisions of this act on its effective date.
STATE OF NEW YORK
________________________________________________________________________
3036
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to exemptions from sales and
use tax for books, candy, pictures, posters, trinkets, or any item
containing a logo, collectable or seasonal item sold at a book fair or
program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 1115 of the tax law is amended
2 by adding a new paragraph 47 to read as follows:
3 (47) Books, candy, pictures, posters, trinkets or any item containing
4 a logo, collectable or seasonal item sold at a book fair or program
5 sponsored by a public school or non-public school or associated with a
6 parent's association or a parent-teachers' association, or as a fund
7 raising activity to support an educational group associated with a
8 school, including but not limited to, an extracurricular club, sports
9 team or other such school program.
10 § 2. This act shall take effect on the first day of the sales tax
11 quarterly period, as described in subdivision (b) of section 1136 of the
12 tax law, next commencing at least thirty days after this act shall have
13 become a law and shall apply in accordance with the applicable transi-
14 tional provisions of sections 1106 and 1217 of the tax law. Effective
15 immediately, the addition, amendment and/or repeal of any rule or regu-
16 lation necessary for the implementation of this act on its effective
17 date are authorized to be made and completed on or before such effective
18 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02025-01-3
