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PETITIONER LEASED COMMERCIAL TRUCKS; AT THE OUTSET OF THE LEASE PETITIONER PAID SALES TAX BASED ON THE ESTIMATED RENT; IF, AT THE END OF THE LEASE, THE ACTUAL RENT WAS LOWER THAN THE ESTIMATED RENT, PETITIONER REFUNDED THE EXCESS RENT AND SALES TAX; PETITIONER THEN TOOK CREDITS FOR THE REFUNDED SALES TAX; THE TAX TRIBUNAL FOUND PETITIONER COULD NOT TAKE THOSE CREDITS AND IMPOSED A SALES TAX ASSESSMENT OF NEARLY $3 MILLION; THE THIRD DEPARTMENT ANNULLED THE ASSESSMENT FINDING THE CREDITS PROPER (THIRD DEPT).

The Third Department, in a full-fledged opinion by Justice Garry, annulled the Tax Appeals Tribunal’s sustaining of a nearly $3 million sales tax assessment imposed on petitioner. Petitioner leased commercial trucks. At the outset of the lease petitioner paid sales tax based on the estimated rent. At the end of the lease the actual rent was calculated based upon the value of the truck. If the actual rent was lower than the estimated rent paid at the outset, the excess rent and sales tax was refunded. Petitioner took tax credits for those refunds. The Third Department determined taking the credits was proper. Matter of Gelco Corp. v State of N.Y. Tax Appeals Trib., 2026 NY Slip Op 00553, Third Dept 2-5-26

 

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