N.Y. Comp. Codes R. & Regs. tit. 20 § 532.2 : DEPARTMENT OF TAXATION AND FINANCE — Sales And Use And Other Miscellaneous Taxes — Sales And Use Taxes — Collection Of Tax — Trustee liability

(a) Every person required to collect any tax imposed by article 28 and pursuant to the authority of article 29 of the Tax Law acts as a trustee for and on account of the State with respect to taxes collected by such person.
(b) The taxes collected by or paid to such trustee shall be held in trust for and on account of the State.
(c) Every trustee is required to:
(1) maintain supporting records which will properly account for such taxes;
(2) make the records available for examination or audit at any time;
(3) properly safeguard the interests of the State with regard to such taxes; and
(4) remit the taxes with timely filed returns.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 532.2