N.Y. Gov Cuomo's Tax Reform Plan Does Not Include Elimination of Sales Tax Exemption for ESCO Customers

A tax reform plan released by New York Governor Andrew Cuomo does not include elimination of the delivery sales tax exemption currently enjoyed by customers who purchase their commodity supply from an ESCO.

Specifically, the elimination of the exemption was not included in either Cuomo's publicly released tax reform plan or the following State of the State address. While both documents were high-level, it is not believed Cuomo will be pursuing elimination of the ESCO customer delivery sales tax exemption.

The New York State Tax Reform and Fairness Commission had in November of last year included elimination of the ESCO customer delivery sales tax exemption as one option for various reforms. As such, it is possible the issue could re-emerge in political trading during the budget process even though the Governor is not proposing it himself.

The Tax Reform and Fairness Commission had noted, "Energy service companies ... are now well- established and the tax advantage that they have received is no longer necessary."