Court decision causing some confusion with New York truck tax filings

By Sandi Soendker, Land Line editor-in-chief | Friday, February 05, 2016

This week, the New York Supreme Court ruled in favor of OOIDA in a class action that challenged two fees being charged to trucking businesses using New York highways. When you pay the New York highway user tax, the state requires a certificate of registration ($15) and a decal to prove you paid ($4). The court agreed those fees were discriminatory to out-of-state truckers and has enjoined the state from charging for the certificate and the decal.

Cathy Koncilia, OOIDA Permits and Licensing Department, says the New York Supreme Court’s decision has caused some confusion in obtaining permits. Employees at the state’s taxing offices did not know about this week’s injunction, which effectively shut down the process of charging fees for the certificate of registration and decal. The result: total confusion.

“This is a legal action that has put a halt on how the tax office does business, so you can imagine their confusion,” said Koncilia. “What they are telling us is that the certificate is still being required, but applicants are not being charged for it.”

OOIDA advises that if you have a decal, it needs to kept until further notice.

“This is a process that is changing daily,” said Koncilia. “For example, on temporary permits – yesterday they did not, today you can. Only two companies are being allowed to process temporary permits now.”

OOIDA’s Crystal Minardi says you have to go through Comdata or Custom Permits – two permit services that have historically been on New York’s trusted list.

“And we work with Custom Permits, so we can connect you. If you want a regular permit in New York, OOIDA can help directly with that,” said Minardi.

Koncilia says some truckers use the “OSCAR” website for adding and deleting trucks from their account. She says as of Friday noon, that website has been down.

OOIDA’s business services department is reminding small-business truckers (nonresidents of New York and residents alike) that although the New York HUT’s certificate/decal fees are enjoined, the NY highway use tax (HUT) still needs to be paid. 

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