New York State and local sales and use tax for 2026: the state rate, local and MCTD rates via Publication 718, the Certificate of Authority (apply 20 days before starting), the economic nexus AND test over four sales tax quarters, marketplace sellers, the clothing exemption, food and drinks, taxable services, prewritten software and SaaS, information services, ST-120 resale certificates, filing frequencies and due dates, the vendor collection credit, penalties and interest.
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| Item | 2026 value | Source wording |
|---|---|---|
| State sales and use tax | 4% | "the state rate (currently 4%) plus any local tax rate imposed by a city, county, or school district" |
| MCTD tax | 0.375% | "An additional sales tax rate of 0.375% applies to taxable sales made within the Metropolitan Commuter Transportation District (MCTD)" |
| Local rates | Set by each county, city or school district; look them up | "The combined rates vary in each county and in cities that impose sales tax" |
| Sourcing | Destination | "The point of delivery or the point at which possession is transferred by the seller to the purchaser determines the rate of tax to be collected. Sales delivered outside New York State are exempt from tax." |
Figures are for tax year 2026, as the rules stand on 25 September 2026 (no state or local rate changed during 2026; a short section covers 2025). It draws on the New York State Department of Taxation and Finance (the Tax Department) at tax.ny.gov: its tax bulletins (TB-ST), technical memoranda (TSB-M), publications and forms.
| Item | 2026 value | Source wording |
|---|---|---|
| State sales and use tax | 4% | "the state rate (currently 4%) plus any local tax rate imposed by a city, county, or school district" |
| MCTD tax | 0.375% | "An additional sales tax rate of 0.375% applies to taxable sales made within the Metropolitan Commuter Transportation District (MCTD)" |
| Local rates | Set by each county, city or school district; look them up | "The combined rates vary in each county and in cities that impose sales tax" |
| Sourcing | Destination | "The point of delivery or the point at which possession is transferred by the seller to the purchaser determines the rate of tax to be collected. Sales delivered outside New York State are exempt from tax." |
| Test | Rule |
|---|---|
| Receipts | Cumulative gross receipts from sales of goods delivered into New York exceeded $500,000. Exactly $500,000 does not pass |
| Transactions | More than 100 sales of goods delivered into New York. Exactly 100 does not pass |
| AND test | "Both of these conditions must be met during the lookback period" |
| Lookback | The immediately preceding four sales tax quarters. Re-test after each quarter ends |
| Sales tax quarters | 1 March to 31 May, 1 June to 31 August, 1 September to 30 November, 1 December to 28 or 29 February. These are not calendar quarters |
| What counts | Gross receipts "whether taxable or exempt, without any deductions for expenses". Each invoice or sales slip counts as a sale, "whether taxable or exempt, including sales for resale" |
| Marketplace sales | Included: "Yes, those sales should be included in the calculation" |
| Once over | "You must file a certificate of registration within 30 days after the day you met the thresholds and begin to collect tax 20 days thereafter" |
| Falling below | If the seller is under the test for the most recent four quarters and has no other connection with New York, it may file a final return and stop. If it stays registered it must keep filing, including zero returns |
The test covers sales of goods (tangible personal property, which includes prewritten software). A business with a place of business or representatives in New York must register whatever its volume. For example, a seller at a once-a-year craft fair must register (TB-ST-175).
| Frequency | Who | Return and period | Due |
|---|---|---|---|
| Annual | Owes $3,000 or less in tax during an annual filing period. New registrants who expect to collect no tax and describe themselves as a manufacturer or wholesaler start as annual filers | ST-101, 1 March to 28/29 February | 20 March |
| Quarterly | Everyone else. Taxable receipts, purchases subject to use tax, rents and amusement charges below $300,000 in the previous quarter, and not notified as an annual filer | ST-100, the four sales tax quarters | 20 days after the quarter ends: 20 June, 20 September, 20 December, 20 March |
| Part-quarterly (monthly) | Those items total $300,000 or more in a quarter. Monthly filing starts with the first month of the next sales tax quarter | ST-809 (return for part-quarterly filers) and ST-810 (quarterly return for part-quarterly filers) | 20 days after each month or quarter |
| PrompTax | Sales and use tax liability of more than $500,000 for the June 1 to May 31 period immediately preceding the previous June 1 to May 31. The Tax Department notifies participants by mail (PrompTax) | Electronic payments; ST-810 must be filed through Sales Tax Web File | Three business days following the 22nd of the month; if that falls on a Saturday, Sunday or legal holiday, the next business day (PrompTax sales and use tax) |
| Situation | Treatment |
|---|---|
| Clothing or footwear worn by humans, sold for less than $110 per item or pair | Exempt from the 4% state tax. The test is per item, "regardless of the total dollar value of all exempt items purchased" |
| Same item, local tax | Exempt only where the county or city has elected the exemption. The MCTD tax is exempt only in MCTD localities that have elected |
| Localities that fully exempt it (Publication 718-C, Part 1) | New York City, and the counties of Chautauqua, Chenango (outside the city of Norwich), Columbia, Delaware, Dutchess, Greene, Hamilton, Monroe, Putnam and Tioga |
| All other localities (Part 2) | The local rate (including the MCTD tax where relevant) still applies. Albany County, for example, charges 4% local tax on eligible clothing |
| Item sold for $110 or more | Fully taxable at the combined rate |
| Exempt examples | Athletic uniforms, bathing suits, hats, hosiery, sleepwear, boots (climbing, fishing, riding, ski, waders), and shoes including cleated, golf and soccer shoes |
| Taxable examples | Costumes and rented formal wear (tuxedos), jewelry and watches, equipment such as tool belts, hard hats and helmets, protective goggles and non-prescription safety glasses, hockey and baseball fielders' gloves or mitts, and ice and roller skates |
The exemption is year-round (TB-ST-122 cites TSB-M-06(6)S, "Year-Round Sales and Use Tax Exemption of Clothing"). A county or city can change its election only with effect from 1 March of a year. Check the current Publication 718-C for each period.
| Item | Treatment |
|---|---|
| Grocery food from a food store (canned goods, dairy, produce, meat, bread, plain snacks) | Exempt |
| Food sold heated, sold for eating on the premises, or prepared by the seller and ready to eat on a plate or platter | Taxable |
| Sandwiches (heated or not), candy and confectionery, sugar-coated or candy-coated snacks, pet food | Taxable |
| Carbonated drinks, bottled water (including flavored and vitamin waters), fruit drinks with less than 70% natural juice, energy and sports drinks, alcoholic drinks | Taxable |
| Hot or cold coffee or tea served in a cup | Taxable |
| Milk and dairy drinks, 70%-100% non-carbonated fruit juice, vegetable juice, unheated coffee and tea products | Exempt |
| Food and drink sold by restaurants, bars and similar establishments | Taxable (TB-ST-175) |
| Prescription and nonprescription (over-the-counter) drugs and medicines for people | Exempt |
| Dietary foods | "Most dietary foods are not taxable" (TB-ST-283; details in TB-ST-160) |
| Situation | Treatment |
|---|---|
| Prewritten (canned) software, on a disk, by download, or "by remote access" | Taxable as goods. SaaS is a license to remotely access software, and "is subject to state and local sales tax" |
| Where remote-access software is taxed | "the location from which the purchaser uses or directs the use of the software". If users are both in and outside New York, collect on "the portion of the receipt attributable to the users located in New York" |
| Custom software designed to one purchaser's specifications | Not taxable. It becomes taxable if later sold or transferred to someone else, except a transfer to a member of the purchaser's affiliated group of corporations, or to a partnership in which the group has at least a 50% interest, unless the transfer is part of a tax-avoidance plan, or the software is prewritten software available to be sold to customers in the ordinary course of business |
| Prewritten software modified for one purchaser | Taxable, but a reasonable, separately stated charge for the modification is not |
| Training, consulting, installing, programming, repairing | Exempt. When sold with prewritten software they are exempt only if the charge is reasonable and separately stated on the invoice |
| Maintenance agreement including upgrades | All taxable, unless the non-taxable elements are reasonable, separately stated in the agreement, and billed separately |
| Software used directly and predominantly in production for sale, or in research and development | Exempt with Form ST-121 |
| Service | Treatment |
|---|---|
| Installing, maintaining, servicing or repairing goods (for example, car repair, computer repair, appliance repair, dog grooming) | Taxable |
| Maintaining, servicing or repairing real property (for example, lawn mowing, snow removal, plumbing and electrical repairs, painting an existing building) | Taxable. Building a capital improvement is not: the customer gives the contractor Form ST-124 |
| Processing, fabricating, printing or imprinting goods for a customer who supplies them and does not plan to resell them | Taxable |
| Storing goods | Taxable, except certain rentals of self-storage units |
| Certain parking, garaging or storing of motor vehicles | Taxable |
| Interior decorating and design | Taxable |
| Protective (security) and detective services | Taxable |
| Passenger transportation with a driver in limousines, black cars and similar vehicles (not taxis or buses) | Taxable |
| Utility and intrastate telecommunication services, telephone answering services | Taxable |
| Beautician services, barbering and hair restoring, tanning, manicure and pedicure, electrolysis, massage, weight control and health salons and gyms, written or oral credit rating services, and oral credit reporting services not delivered by telephone | Taxable only in New York City. Information furnished by credit reporting bureaus, including by telephone, is otherwise a statewide taxable information service (TSB-M-10(7)S) |
| Laundering, dry cleaning, tailoring, shoe repair | Exempt |
| Services not listed, such as accounting | Not taxable. An accounting office need not register (TB-ST-175) |
Other exemptions in the TB-ST-740 chart: newspapers and qualified periodicals (no certificate needed); purchases by exempt organizations (the buyer gives Form ST-119.1); and purchases by governmental entities. A purchase by a United States governmental entity is supported by a federal purchase order or a signed government contract, not by ST-119.1 (TB-ST-240).
Who is a provider. Someone who, under an agreement, provides the forum for a sale (such as a website) and collects the customer's payment itself, through an affiliate or through a contractor. Both are needed. The rules apply from 1 June 2019.
Provider duties. A provider must register at least 20 days before beginning business in New York, and must collect on all taxable sales of goods it facilitates. It "cannot refuse to collect tax on a marketplace seller's sales, even if the seller is registered". A provider with no physical presence registers under the same test as other sellers: more than $500,000 and more than 100 sales made or facilitated in the previous four sales tax quarters.
The seller must still register and file. "If you are a marketplace seller and meet any of the sales tax registration requirements for vendors selling taxable goods and services, you must register and file periodic sales tax returns even if a marketplace provider will remit the sales tax due on sales they facilitate for you." Marketplace sales count toward the seller's own economic test (nexus page).
Seller relief. A registered seller need not collect tax on a facilitated sale of goods, or include it in its taxable receipts, only if both of these apply:
This relief does not apply where seller and provider are affiliated (an ownership interest of more than five percent).
Still the seller's job. Direct sales outside the marketplace, and facilitated sales that are not sales of goods (for example, hotel occupancy or admissions).
A business owes use tax when it uses taxable goods or services in New York and no New York sales tax was paid: for example goods bought out of state or online from a seller that did not collect, purchases on an Indian reservation, goods used in a different local taxing jurisdiction in the state from where they were bought or delivered, and goods taken from inventory or made for its own use. Taxable services bought out of state and used in New York, such as information services, are included. The tax is based on the cost including shipping and handling, at the rate for the place of use. A registered vendor reports it as "purchases subject to tax" on its sales tax return (TB-ST-275).
The amounts are illustrative. Albany County's combined rate is 8% (Publication 718). Its local tax on clothing that is exempt from state tax is 4% (Publication 718-C).
| Period | Return | Due |
|---|---|---|
| 1 December 2025 to 28 February 2026 | ST-100 | 20 March 2026 |
| 1 March to 31 May 2026 | ST-100 | 20 June 2026 |
| 1 June to 31 August 2026 | ST-100 | 20 September 2026 |
| 1 September to 30 November 2026 | ST-100 | 20 December 2026 |
| 1 December 2026 to 28 February 2027 | ST-100 | 20 March 2027 |
| Annual, 1 March 2026 to 28 February 2027 | ST-101 | 20 March 2027 |
| Part-quarterly months and quarters | ST-809 / ST-810 | 20 days after each period |
When a 20th falls on a weekend or holiday (20 June, 20 September and 20 December 2026 and 20 March 2027 all do), check the Tax Department's due dates calendar for the date it will accept.
| Failure | Civil penalty |
|---|---|
| Return with no tax due filed late or not filed | $50 |
| Return filed late by 60 days or less | 10% of the tax due for the first month, plus 1% for each additional month or part of a month, up to 30% of the tax due; not less than $50 |
| Return not filed, or filed more than 60 days late | The greater of: the 10%-plus-1% amount (up to 30%); the lesser of $100 or 100% of the tax required to be shown; or $50 |
| Return filed on time, tax not paid | 10% of the tax due for the first month, plus 1% for each additional month or part of a month, up to 30% |
| Omitting more than 25% of the tax required to be shown | 10% of the unreported tax, reduced for any part with substantial authority or adequate disclosure |
| Fraudulent failure to pay | Twice the unpaid tax, plus interest at the greater of 14½ percent or the rate set by the Tax Commissioner |
Interest runs on any amount not paid by the due date, from the due date until payment. It is compounded daily and the rate may change each quarter. Use the Tax Department's current interest rates and its penalty and interest calculator. Willfully failing to collect, charge separately or remit tax can also be a crime.
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