§ 521. Definitions. For purposes of this article, the following definitions shall apply unless a different meaning is clearly required:

Terms Used In N.Y. Tax Law 521

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Trustee: A person or institution holding and administering property in trust.

(a) "Person" shall include an individual, co-partner, society, association, corporation, joint stock company, lessee, and any combinations of individuals; an executor, administrator, receiver, trustee or other fiduciary.

(b) Qualified motor vehicle. (1) "Qualified motor vehicle" means a vehicle, other than a recreational vehicle, used, designed or maintained for transportation of persons or property and:

(i) Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand pounds; or

(ii) Having three or more axles regardless of weight; or

(iii) Is used in combination, when the weight of such combination exceeds twenty-six thousand pounds gross vehicle weight.

(2) "Recreational vehicle" means vehicles such as motor homes, pickup trucks with attached campers, and buses when used exclusively for personal pleasure by individuals. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor.

(c) "Carrier" shall include any person having the lawful use or control, or the right to the use or control of any qualified motor vehicle in this state.

(d) "Public highway" shall include any public highway, street, avenue, road, public place, public driveway or any other public way.