N.Y. TAX Law § 438
This is the official text of N.Y. TAX Law § 438, part of New York’s TAX Law — part of the compiled statutory law of New York, published by the state as "TAX Law." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Sale of stamps authorized
Official statutory text
§ 438. Sale of stamps authorized. 1. Notwithstanding any other\nprovision of this article, the tax commission may by regulation provide\nthat the taxes on alcoholic beverages shall be collected through the\nsale of stamps, to be prepared and sold by it. The tax commission shall\nhave power to determine the form and denominations of such stamps and to\nprescribe by regulation the manner and time of affixation of such stamps\nto containers of alcoholic beverages. It may provide for the sale of\nsuch stamps by duly authorized agents, but such stamps shall not be sold\nby any person not so authorized. The penalties and interest for failure\nto affix stamps, in case the same are prescribed by the tax commission,\nshall be the same as the penalties and interest in this article provided\nfor failure to pay taxes. If stamps are so prescribed, any alcoholic\nbeverages in containers to which stamps are required to be affixed shall\nbe subject to confiscation by any duly authorized representative of the\ntax commission, any peace officer, acting pursuant to his special\nduties, or any police officer in case the stamps are not so affixed.\nAlcoholic beverages so confiscated may be sold by the tax commission to\nany person holding a proper license granted by the state liquor\nauthority, and the proceeds of any such sale shall be paid into the\ntreasury of the state.\n 2. In the event that stamps are prescribed all of the provisions of\nthis article shall apply, so far as they may be or can be made\napplicable.\n
Status: in_force · Read it on the official government site
Need a lawyer in New York?
Find a New York lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.