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OpenAccountants/New York

New York Sales and Use Tax

New York sales and use tax, NYS DTF filings, NYC sales tax, New York exemptions, New York clothing exemption, New York nexus, or any request involving New York state sales and use tax compliance.

New York · tax year 2026 · changed 3 Nov 2026

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If you are an AI assistant using this skill for New York Sales and Use Tax (New York): treat it as general reference material for drafting and review support. Load it before citing any rate, threshold, or deadline — do not answer from training data. Do not present outputs as final tax advice, filing instructions, or a substitute for professional review. Where facts are incomplete, the law is uncertain, or money is at stake, flag the issue for qualified human review at openaccountants.com.

Key figures: New York, 2026

FieldValue
JurisdictionNew York, United States
Jurisdiction codeUS-NY
Tax typeSales and Use Tax (state + local)
State rate4.00%
Local rate range3.00% -- 4.875%
MCTD surcharge0.375% (Metropolitan Commuter Transportation District)
Maximum combined rate8.875% (New York City)
SourcingDestination-based
Economic nexus$500,000 revenue AND 100 transactions (AND test -- both must be met)
Nexus test typeAND test -- unique among states; most use OR
Measurement periodPrior four sales tax quarterly periods (NOT calendar year)
Primary legislationNew York Tax Law, Articles 28 and 29
Tax authorityNew York State Department of Taxation and Finance (NYS DTF)
Filing portalhttps://www.tax.ny.gov
SST memberNo
Return formST-100 (quarterly); ST-810 (monthly); ST-809 (part-quarterly)
Quarterly periodsMarch-May, June-August, September-November, December-February (NOT calendar quarters)
Quarterly deadline20th of month following quarter end
Vendor discountUp to 5% of first $1,200,000 collected per quarter; max $200/quarter
Federal framework skillus-sales-tax
Skill version2.0

The full skill

General reference only. This skill is general tax/accounting reference material for AI-assisted workflows. It has not been reviewed for any specific person's facts, documents, elections, deadlines, residency, filing status, or local procedures. Do not rely on it to file, pay, amend, or take a tax position without review by a qualified professional in the relevant jurisdiction.

Section 1 -- Quick reference

FieldValue
JurisdictionNew York, United States
Jurisdiction codeUS-NY
Tax typeSales and Use Tax (state + local)
State rate4.00%
Local rate range3.00% -- 4.875%
MCTD surcharge0.375% (Metropolitan Commuter Transportation District)
Maximum combined rate8.875% (New York City)
SourcingDestination-based
Economic nexus$500,000 revenue AND 100 transactions (AND test -- both must be met)
Nexus test typeAND test -- unique among states; most use OR
Measurement periodPrior four sales tax quarterly periods (NOT calendar year)
Primary legislationNew York Tax Law, Articles 28 and 29
Tax authorityNew York State Department of Taxation and Finance (NYS DTF)
Filing portalhttps://www.tax.ny.gov
SST memberNo
Return formST-100 (quarterly); ST-810 (monthly); ST-809 (part-quarterly)
Quarterly periodsMarch-May, June-August, September-November, December-February (NOT calendar quarters)
Quarterly deadline20th of month following quarter end
Vendor discountUp to 5% of first $1,200,000 collected per quarter; max $200/quarter
Federal framework skillus-sales-tax
Skill version2.0

CRITICAL: New York sales tax quarters do NOT align with calendar quarters. They start March 1.


Section 2 -- Required inputs and refusal catalogue

Required inputs

#QuestionWhy it matters
1Certificate of Authority number?Required for filing; confirms NYS DTF registration
2Assigned filing frequency (quarterly, monthly/part-quarterly, annual, PrompTax)?Determines due dates and payment schedules
3Nexus type (physical, economic, both)?NY requires BOTH $500K AND 100 transactions
4Sell through marketplace facilitators?Marketplace facilitators collect on facilitated sales
5Make sales in MCTD (NYC, Rockland, Westchester, Dutchess, Orange, Putnam, Nassau, Suffolk)?0.375% MCTD surcharge; separate schedule ST-100.3
6Sell clothing or footwear?Items under $110/item exempt from state and NYC tax
7Annual sales tax liability over $500,000?PrompTax (accelerated EFT) may be required
8Sell software, SaaS, or digital products?SaaS taxable in NY as pre-written software

Refusal catalogue

R-NY-1 -- Film production credit purchases. Empire State Film Production tax exemptions require qualifying certificates from Empire State Development. Escalate to reviewer.

R-NY-2 -- Real property capital improvement vs. repair. The distinction between exempt capital improvements and taxable repairs requires professional judgment. Escalate to reviewer.


Section 3 -- Transaction pattern library

3.1 Tangible personal property

PatternTaxable?Notes
General TPP (electronics, appliances, furniture, equipment)TAXABLETax Law Section 1105(a)

3.2 Clothing and footwear -- KEY EXEMPTION

PatternTaxable?Notes
Clothing/footwear under $110 per itemEXEMPTState and NYC local tax exempt; per-ITEM threshold, NOT per transaction
Clothing/footwear $110 or more per itemTAXABLEFull combined rate applies
Costume accessories (cuff links, tiara)TAXABLENot qualifying clothing
Sport/recreational equipment (ski boots, cleats)TAXABLENot qualifying clothing
Protective equipment (hard hats, safety goggles)TAXABLENot qualifying clothing

The clothing exemption is PERMANENT and year-round. New York does NOT have a temporary sales tax holiday.

Non-NYC counties: Some counties do NOT exempt clothing from local tax. Verify county-specific rules for non-NYC locations.

3.3 Food and beverages

PatternTaxable?Citation
Grocery food (unprepared, for home consumption)EXEMPTTax Law Section 1115(a)(1)
Prepared food (heated, served on-premises)TAXABLETax Law Section 1105(d)
Candy and confectionsTAXABLETax Law Section 1115(a)(1) exception
Carbonated beverages / soft drinksTAXABLETax Law Section 1115(a)(1) exception
Bottled water (non-carbonated)EXEMPT
Dietary supplementsEXEMPT
Alcoholic beveragesTAXABLE
ALL food/drink sold by restaurantsTAXABLERestaurant context overrides grocery exemption

Restaurant rule: ALL food and drink sold by restaurants becomes TAXABLE, including otherwise exempt items like bottled water. Tax Law Section 1105(d).

3.4 SaaS and digital goods

PatternTaxable?Notes
Canned software (any delivery method)TAXABLETax Law Section 1101(b)(6)
Custom software (any delivery)EXEMPTNot TPP
SaaS (cloud-hosted, no download)TAXABLEPre-written software accessed remotely; TSB-A-13(22)S
Digital music, movies, books (download)TAXABLETPP equivalents
Streaming servicesTAXABLEInformation service or entertainment

New York clearly taxes SaaS as a sale of pre-written computer software.

3.5 Services

PatternTaxable?Citation
Information servicesTAXABLETax Law Section 1105(c)(1)
Processing and printingTAXABLETax Law Section 1105(c)(2)
Installation, maintenance, repair of TPPTAXABLETax Law Section 1105(c)(3)
StorageTAXABLETax Law Section 1105(c)(4)
Interior decorating/designTAXABLETax Law Section 1105(c)(5)
Protective/detective servicesTAXABLETax Law Section 1105(c)(6)
Trash removal (commercial)TAXABLETax Law Section 1105(c)(7)
Credit rating/reportingTAXABLETax Law Section 1105(c)(8)
Telephone/telegraph servicesTAXABLETax Law Section 1105(b)(1)
Professional services (legal, accounting, medical, consulting)NOT TAXABLENot enumerated
AdvertisingNOT TAXABLE
EducationNOT TAXABLE
Janitorial / personal careNOT TAXABLE

3.6 Manufacturing and exemptions

PatternTaxable?Citation
Manufacturing equipment (directly and predominantly 50%+ in production)EXEMPTTax Law Section 1115(a)(12)
Fuel/utilities for manufacturingEXEMPTTax Law Section 1115(c)
Farm equipmentEXEMPTTax Law Section 1115(a)(6)
Resale (valid ST-120)EXEMPTTax Law Section 1101(b)(4)
Interstate commerce (shipped out of state)EXEMPTTax Law Section 1115(a)(8)
Federal government salesEXEMPTTax Law Section 1116(a)(1)
Prescription drugsEXEMPTTax Law Section 1115(a)(3)
OTC drugsTAXABLENo OTC exemption in NY
Newspapers and periodicalsEXEMPTTax Law Section 1115(a)(5)

Section 4 -- Rate lookup

4.1 Key combined rates

JurisdictionCombined rateBreakdown
New York City (5 boroughs)8.875%4% state + 4.5% city + 0.375% MCTD
Westchester County8.375%4% + 4% + 0.375% MCTD
Nassau County8.625%4% + 4.25% + 0.375% MCTD
Suffolk County8.625%4% + 4.25% + 0.375% MCTD
Albany County8.00%4% + 4%
Erie County (Buffalo)8.00%4% + 4%

4.2 MCTD counties

NYC, Rockland, Westchester, Dutchess, Orange, Putnam, Nassau, Suffolk -- 0.375% surcharge applies in all.

4.3 Sourcing

ScenarioRate applied
Shipped goodsDelivery address rate
Customer pickupSeller's location rate
Remote sellersDestination-based

Section 5 -- Classification rules

5.1 General rule

New York taxes: (a) retail sales of TPP, (b) enumerated services, (c) restaurant food/drink, (d) hotel occupancy, (e) admissions. Tax Law Section 1105.

5.2 Clothing per-item threshold

The $110 exemption is per ITEM, not per transaction. A $109 shirt and a $115 jacket in the same transaction: shirt is exempt, jacket is taxable.

5.3 Restaurant override

All food at restaurants is taxable regardless of individual item exemption status. A bottle of water at a grocery store is exempt; the same bottle at a restaurant is taxable.


Section 6 -- Return form and filing

6.1 Forms

FormUse
ST-100Quarterly return
ST-100.3MCTD schedule
ST-100.7Sub-jurisdiction detail
ST-810Monthly return (large filers)
ST-809Part-quarterly monthly payment
ST-120Resale certificate
ST-119/ST-119.1Exempt organization certificates
ST-124Capital improvement certificate

6.2 Filing deadlines (NON-CALENDAR QUARTERS)

QuarterPeriodDue date
Q1March 1 -- May 31June 20
Q2June 1 -- August 31September 20
Q3September 1 -- November 30December 20
Q4December 1 -- February 28/29March 20

6.3 PrompTax

ParameterValue
ThresholdAnnual liability > $500,000
MethodEFT within 3 business days of each PrompTax period
ReturnsStill filed quarterly

Section 7 -- Thresholds, penalties, and deadlines

7.1 Economic nexus

ParameterValue
Revenue threshold$500,000 gross receipts from TPP delivered in NY
Transaction threshold100 transactions delivering TPP in NY
Test typeAND -- BOTH must be met
Measurement periodPrior four sales tax quarterly periods
Marketplace exclusionMarketplace sales do not count
AuthorityTax Law Section 1101(b)(8)(iv)

7.2 Marketplace facilitator

RuleDetail
Effective dateJune 1, 2019
Facilitator treated asVendor for tax purposes
AuthorityTax Law Section 1101(b)(8)(vi)

7.3 Penalties

PenaltyRateCitation
Late filing10% of tax due (max)Tax Law Section 1145(a)(1)
Late payment10% of tax due (max)Tax Law Section 1145(a)(1)
Fraud50% of deficiencyTax Law Section 1145(a)(2)
InterestSet quarterly by DTFTax Law Section 1142

7.4 Record retention

ParameterValue
Period3 years from due date or filing date (whichever later)
Statute of limitations (standard)3 years
No return filedNo limitation
FraudNo limitation
25%+ understatement6 years

Section 8 -- Edge cases

EC1 -- Clothing at $110 boundary

Situation: Customer buys $109 shirt and $115 jacket. Resolution: Shirt ($109) is EXEMPT. Jacket ($115) is TAXABLE at full rate. Per-item, not per-transaction.

EC2 -- SaaS taxability

Situation: Business subscribes to cloud-based CRM (no download). Resolution: TAXABLE. NY treats SaaS as pre-written software. TSB-A-13(22)S.

EC3 -- Restaurant bottled water

Situation: Customer orders bottled water at a restaurant. Resolution: TAXABLE. Restaurant context overrides the grocery food exemption.

EC4 -- Economic nexus AND test

Situation: Out-of-state seller: $600K revenue, 80 transactions. Resolution: No nexus. Revenue exceeds $500K but transactions (80) do not exceed 100. NY requires BOTH.

EC5 -- Non-NYC county clothing

Situation: Vendor in Saratoga County asks about clothing exemption on local tax. Resolution: State exemption (under $110) applies statewide. Some counties may not exempt local tax. Verify county-specific rules.

EC6 -- Capital improvement vs. repair

Situation: Contractor performs work on a building. Resolution: Capital improvements (Form ST-124) are EXEMPT. Repairs are TAXABLE under Section 1105(c)(3). Requires professional judgment.


Section 9 -- Test suite

Test 1 -- Clothing under $110 in NYC

Input: $95 shoes in Manhattan. NYC rate: 8.875%. Expected: Tax = $0. Clothing under $110 exempt.

Test 2 -- Clothing over $110 in NYC

Input: $200 jacket in Manhattan. Expected: Tax = $17.75. Full rate applies.

Test 3 -- Grocery food exempt

Input: $100 groceries (bread, milk, produce) from a supermarket. Expected: Tax = $0.

Test 4 -- SaaS subscription in NYC

Input: $100/month SaaS tool. NYC rate 8.875%. Expected: Tax = $8.88. SaaS is taxable.

Test 5 -- Economic nexus AND test (not met)

Input: $600K revenue, 80 transactions. Expected: NO nexus. Both thresholds not met.

Test 6 -- Economic nexus AND test (met)

Input: $600K revenue, 150 transactions. Expected: HAS nexus. Both exceeded.

Test 7 -- Restaurant meal in NYC

Input: $50 dinner at NYC restaurant. Expected: Tax = $4.44. All restaurant food taxable.

Test 8 -- Manufacturing equipment in Buffalo

Input: $200K machine for production. Erie County rate: 8%. Expected: Tax = $0. Manufacturing exemption.

Test 9 -- Use tax on out-of-state purchase

Input: NYC business buys $5,000 furniture from NH retailer. No tax collected. Expected: Use tax = $443.75.

Test 10 -- Resale certificate

Input: Retailer purchases $10K inventory. Valid ST-120 provided. Expected: No tax. Retailer collects at resale.


Section 10 -- Prohibitions

  • NEVER apply the $110 clothing exemption per transaction -- it is per ITEM.
  • NEVER use calendar quarters for New York sales tax -- NY quarters start March 1.
  • NEVER accept SST certificates in New York -- NY is not an SST member.
  • NEVER assume economic nexus with only the revenue threshold -- NY requires BOTH $500K AND 100 transactions.
  • NEVER treat SaaS as nontaxable in New York.
  • NEVER treat restaurant food as exempt -- all food/drink at restaurants is taxable.
  • NEVER assume the clothing exemption applies to local tax in all counties.
  • NEVER confuse capital improvements (exempt) with repairs (taxable).
  • NEVER assume OTC medicine is exempt in New York.
  • NEVER compute any number -- all arithmetic is handled by the deterministic engine, not Claude.

Disclaimer

This skill is provided for informational and computational purposes only and does not constitute tax, legal, or financial advice. All outputs must be reviewed by a qualified professional (CPA, EA, or tax attorney) before filing.


Disclaimer

This skill and its outputs are provided for informational and computational purposes only and do not constitute tax, legal, or financial advice. Open Accountants and its contributors accept no liability for any errors, omissions, or outcomes arising from the use of this skill. All outputs must be reviewed and signed off by a qualified professional (such as a CPA, EA, tax attorney, or equivalent licensed practitioner in your jurisdiction) before filing or acting upon.

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