2006 New York Code - Returns.



 
    §  11-705 Returns.   a. Every tenant subject to tax under this chapter
  shall file with the commissioner of finance a return with respect to the
  taxes payable for the three month periods ending on  the  last  days  of
  August,  November  and  February  of  each  year and a final return with
  respect to the taxes payable for the tax year ending on the last day  of
  May  of  each year.  Such returns shall be filed within twenty days from
  the expiration of the period covered thereby. A  tenant  who  is  exempt
  from  the  tax  by  reason  of paragraph two of subdivision b of section
  11-704 of this chapter shall nevertheless be required to  file  a  final
  return, provided, however, that for tax years beginning on or after June
  first,  nineteen  hundred  ninety-five  and  ending  on  or  before  May
  thirty-first, nineteen hundred ninety-seven, no such final return  shall
  be  required from such exempt tenant with respect to taxable premises if
  (1) the tenant's rent for such premises, determined  without  regard  to
  any  deduction  from  or  reduction in rent or base rent allowed by this
  chapter, does not exceed fifteen thousand dollars for the tax  year  and
  (2)  in the case of a tenant who has more than one taxable premises, the
  aggregate rents for all such premises, determined without regard to  any
  deduction  from  or  reduction  in  rent  or  base  rent allowed by this
  chapter, do not exceed fifteen thousand dollars for the  tax  year.  For
  tax  years  beginning  on  June first, nineteen hundred ninety-seven and
  ending on or before May thirty-first, two thousand one,  no  such  final
  return  shall  be  required  from such exempt tenant with respect to any
  taxable premises if (1) the tenant's rent for such premises,  determined
  without  regard  to any deduction from or reduction in rent or base rent
  allowed by this chapter, does not exceed seventy-five  thousand  dollars
  for  the  tax  year  and (2) the amount of rent received or due from any
  subtenant of such exempt tenant with respect to such premises  does  not
  exceed  seventy-five  thousand  dollars  for the tax year. For tax years
  beginning on or after June first, two thousand one, no such final return
  shall be required from such exempt tenant with respect  to  any  taxable
  premises  if (1) the tenant's rent for such premises, determined without
  regard to any deduction from or reduction in rent or base  rent  allowed
  by  this  chapter,  does not exceed two hundred thousand dollars for the
  tax year and (2) the amount of rent received or due from  any  subtenant
  of  such exempt tenant with respect to such premises does not exceed two
  hundred thousand dollars for the tax year. Notwithstanding  anything  in
  this  subdivision to the contrary, for tax periods beginning on or after
  September first,  nineteen  hundred  ninety-five,  no  return  shall  be
  required  pursuant  to  this  subdivision  with  respect  to any taxable
  premises located in that part of the city specified in paragraph one  of
  subdivision  h  of  section  11-704 of this chapter, and no such taxable
  premises shall be taken into account for purposes of clause two  of  the
  preceding  sentence.  The  commissioner of finance may permit or require
  returns (including final returns) to be made for other periods and  upon
  such  dates  as  the  commissioner may specify and if he or she deems it
  necessary, in order to insure the payment of the  tax  imposed  by  this
  chapter,  the  commissioner  may  require  such  returns  to be made for
  shorter periods than those prescribed by  the  foregoing  provisions  of
  this section, and upon such dates as he or she may specify.
    b. The commissioner of finance may by regulation require the filing of
  information  returns  and  supplemental information returns by landlords
  and by tenants of taxable premises, whether or not they are required  to
  pay the tax imposed by this chapter, upon such dates or at such times as
  the  commissioner  may  specify  if  he  or she deems the filing of such
  information returns necessary for proper administration of this chapter.
    c. The form of returns and information returns shall be prescribed  by
  the  commissioner  of  finance and shall contain such information as the

commissioner may deem necessary for the proper administration of this chapter. The commissioner of finance may require amended returns or amended information returns to be filed within twenty days after notice and to contain the information specified in the notice. d. If a return or information return is not filed, or if a return of any kind when filed is incorrect or insufficient on its face, the commissioner of finance shall take the necessary steps to enforce the filing of such a return or of a corrected return.

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