Form St-65 - Ida Report Of Recaptured Sales And Use Tax Benefits Page 2
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2Page 2 of 2 ST-65 (8/14)
Instructions
Filing requirements
Payment and mailing information
An IDA must file this form and remit any sales and use
Make your check or money order payable to New York
tax exemption benefits recovered, recaptured, received,
State Sales Tax. We will accept a foreign check or foreign
or otherwise obtained to the Tax Department within
money order only if payable through a United States bank
30 calendar days of coming into possession of these
or if marked Payable in U.S. funds.
funds.
Send the completed report and a check or money order
The IDA must recover, recapture, receive, or otherwise
to:
obtain any amount of sales and use tax exemption
benefits from an agent, project operator, other person or
NYS TAX DEPARTMENT
TDAB
entity whenever the benefits were:
W A HARRIMAN CAMPUS
• not entitled or authorized to be taken
ALBANY NY 12227-1299
• in excess of the amounts authorized
Private delivery services – To use a private delivery
• for unauthorized property or services
service, see Publication 55, Designated Private Delivery
• for property or services not used according to the terms
Services.
of the agreement with the IDA
Fee for payments returned by banks
The IDA must separately report the amount of recaptured
The law allows the Tax Department to charge a $50
sales and use tax benefits remitted for the State,
fee when a check, money order, or electronic payment
Metropolitan Commuter Transportation District (MCTD),
is returned by a bank for nonpayment. However, if an
and local jurisdiction, and identify the local jurisdiction by
electronic payment is returned as a result of an error
name (county, city, and/or school district).
by the bank or the department, the department will not
The IDA must file a separate form for each person (project
charge the fee. If your payment is returned, we will send a
separate bill for $50 for each return or other tax document
operator, agent, other person or entity) from whom it has
obtained sales and use tax exemption benefits.
associated with the returned payment.
For more information, see TSB-M-14(1.1)S, Sales Tax
Need help?
Reporting and Recordkeeping Requirements for Industrial
Development Agencies and Authorities.
Visit our Web site at
• get information and manage your taxes online
General Municipal Law sections 875(3)(c) and (e) require
• check for new online services and features
an IDA to remit sales and use tax exemption benefits that
it recovers, recaptures, receives, or otherwise obtains,
Telephone assistance
regardless of whether the IDA (or the agent, project
Sales Tax Information Center:
(518) 485-2889
operator, or other person or entity) characterizes these
benefits as a penalty, liquidated or contract damages, or
To order forms and publications:
(518) 457-5431
otherwise. This requirement also applies to any interest
Text Telephone (TTY) Hotline (for persons with
or penalty imposed by the IDA on those amounts or that
hearing and speech disabilities using a TTY):
(518) 485-5082
is imposed on those amounts by law, judicial order, or
Persons with disabilities: In compliance with the
otherwise.
Americans with Disabilities Act, we will ensure that our
lobbies, offices, meeting rooms, and other facilities are
Any amount that the IDA recovers, recaptures, receives,
accessible to persons with disabilities. If you have questions
or otherwise obtains, together with interest or penalties, is
about special accommodations for persons with disabilities, call the
deemed to be sales and use tax and the IDA must receive
information center.
any such amount or payment, whether it is the result of
Privacy notification
court action or otherwise, as trustee for the state.
New York State Law requires all government agencies that
Project operators or agents, or other persons or entities,
maintain a system of records to provide notification of the legal
must cooperate with the IDA in its effort to recapture sales
authority for any request, the principal purpose(s) for which the
and use tax exemption benefits. Any failure by the project
information is to be collected, and where it will be maintained.
operator or agent, or other person or entity, to pay over to
To view this information, visit our Web site, or, if you do not
the IDA any state sales and use tax exemption benefits
have Internet access, call and request Publication 54, Privacy
Notification. See Need help? for the Web address and telephone
improperly taken could result in the Tax Department
assessing the project operator or agent, or other person
number.
or entity, for the amount of the sales and use tax benefits
improperly taken, together with penalties and interest.
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