New York filing requirements for Highway Use Tax have updated
The State of New York’s Department of Taxation and Finance has recently released a new bulletin regarding NY Highway Use Tax filing requirements.
If you have been issued a Highway Use Tax (HUT) or an automotive fuel carrier certificate of registration (C of R) then you must file a HUT return even if you have no tax due. You must also file even if another party will pay any tax due on the use of the vehicle operated under the C of R.
The only time that a return does not apply is if you only occasionally operate in New York and use a trip certificate of registration instead of registering and receiving a decal. You can get a one-time HUT trip certificate for $25 from Once Stop Credentialling and registration (OSCAR), or a permit service company approved by the NY Tax Department.
When do you file your NY HUT?
NY HUT return and payments are due quarterly.
- Jan through March are due April 30
- April through June are due July 31
- July through September are due October 31
- October through December are due January 31 (of the following year)
After one full year of filing your HUT return, your filing period may change. If the preceding year your HUT liability was more than $1200, but less that $12, 000 you will continue to file on the above quarterly calendar.
If your yearly total amounts to greater than $12,000 you will be reclassified and then will need to make monthly returns.
If your total was $1200 or less, then you will be reclassified as an annual filer.
This comes into effect January 1, 2022.
What if you leased your vehicle?
In most cases the HUT is imposed on the carrier. If you are not the owner of the vehicle then both you and the owner may be held liable for payment of any taxes due. You must file a HUT return whether you are the owner (lessor) or the carrier (lessee) if you have been issued a C of R.
Remember you must still file even if there is not amount due, or if someone else is paying the taxes on the use of the vehicle operated under the C of R.
Scenario 1: The owner of the vehicle has a C of R and leases their vehicle to a carrier. The carrier then operates the vehicle under the owner’s certificate. Then the owner must report the motor vehicle and mileage on their tax return.
Scenario 2: The owner of the vehicle as a C or R and leases the vehicle to a carrier who then operates it under their own certificate, the owner must then:
-indicate that the carrier will report the vehicle and mileage on their return. However, as the owner you must still file a HUT and list the vehicle
– indicate that the motor vehicle will be reported by another. Then the carrier reports the vehicle and mileage on their HUT return as well.
If you need any help with filing your New York Highway Use Tax, we can help! You can even check us out at our online shop for easy NY HUT return filing.