Trucking businesses that go into New York from other states can once again thank small-business truckers
Source: Go By Truck by Staff
Trucking businesses that go into New York from other states can once again thank small-business truckers for standing up to an unconstitutional registration and decal tax. The Owner-Operator Independent Drivers Association has reached a landmark tax refund agreement with the State of New York for $44.4 million.
In January 2016, OOIDA was victorious in establishing that the taxes imposed by New York’s Department of Taxation and Finance violated the Commerce Clause of the U.S. Constitution. Now, truckers are finding out what the payout will be.
The association had challenged the taxes as unconstitutional and discriminatory against out-of-state truckers who drive their trucks mostly in other states, in contrast to New York-based truckers who drive a disproportionately higher number of miles in New York. OOIDA established that the challenged taxes resulted in a higher per mile tax rate being imposed on out-of-state trucks and therefore violated the Commerce Clause.
The state’s Supreme Court agreed with OOIDA and declared the fees unconstitutional and invalid. The Court also permanently enjoined the state from collecting them in the future. …(read more)
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