2006 New York Code - Declarations Of Estimated Tax.

 
    §   11-511   Declarations   of   estimated  tax.  (a)  Requirement  of
  declaration.  Except as provided in subdivision  (j)  of  this  section,
  every  unincorporated business shall make a declaration of its estimated
  tax  for  the  taxable  year,  containing  such   information   as   the
  commissioner of finance may prescribe by regulations or instruction, if:
  (1)  for  taxable  years beginning after nineteen hundred eighty-six but
  before nineteen hundred ninety-six, its unincorporated business  taxable
  income  can  reasonably  be expected to exceed fifteen thousand dollars;
  (2) for taxable years beginning  in  nineteen  hundred  ninety-six,  its
  unincorporated  business  taxable  income  can reasonably be expected to
  exceed twenty thousand dollars; and  (3)  for  taxable  years  beginning
  after  nineteen  hundred ninety-six, its estimated tax can reasonably be
  expected to exceed one thousand eight hundred dollars.
    (b) Definition of estimated tax. The term "estimated  tax"  means  the
  amount  which  an  unincorporated business estimates to be its tax under
  this chapter for the taxable year, less the amount which it estimates to
  be the sum of any credits allowable  against  the  tax  other  than  the
  credit  allowable  under  subdivision  (c)  of  section  11-503  of this
  chapter.
    (c) Time for filing declaration. Except  as  hereinafter  provided,  a
  declaration  of estimated tax required under this section shall be filed
  on or before April fifteenth of the taxable year provided, however, that
  if the requirements of subdivision (a) of this section are first met:
    (1) after April first and before June second of the taxable year,  the
  declaration shall be filed on or before June fifteenth, or
    (2)  after June first and before September second of the taxable year,
  the declaration shall be filed on or before September fifteenth, or
    (3) after September first of the taxable year, the  declaration  shall
  be filed on or before January fifteenth of the succeeding year.
    (d) Filing of declarations on or before January fifteenth.
    (1)  A  declaration  of  estimated  tax  by an unincorporated business
  having an estimated unincorporated business taxable income from  farming
  (including  oyster  farming)  for  the  taxable  year  which is at least
  two-thirds of its total estimated unincorporated business taxable income
  for the taxable year may be filed at  any  time  on  or  before  January
  fifteenth of the succeeding year.
    (2)  For taxable years beginning before nineteen hundred ninety-seven,
  a declaration of estimated tax under this section of  forty  dollars  or
  less  for the taxable year may be filed at any time on or before January
  fifteenth of the succeeding year under regulations of  the  commissioner
  of finance.
    (e)  Amendments of declaration. An unincorporated business may amend a
  declaration under regulations of the commissioner of finance.
    (f) Return as declaration or  amendment.  If  on  or  before  February
  fifteenth  of  the  succeeding  taxable  year an unincorporated business
  subject to the estimated tax requirements  of  this  section  files  its
  return  for  the taxable year for which the declaration is required, and
  pays on or before such date the full amount of the tax shown to  be  due
  on the return:
    (1)  such  return  shall  be  considered  as  its  declaration  if  no
  declaration was required to be filed during the  taxable  year,  but  is
  otherwise  required  to  be  filed on or before January fifteenth of the
  succeeding year, and
    (2) such return shall be considered  as  the  amendment  permitted  by
  subdivision  (e)  to  be filed on or before January fifteenth if the tax
  shown on the return is  greater  than  the  estimated  tax  shown  in  a
  declaration previously made.


    (g) Fiscal year. This section shall apply to a taxable year other than
  a  calendar  year  by the substitution of the months of such fiscal year
  for the corresponding months specified in this section.
    (h)  Short  taxable  year.  An  unincorporated business subject to the
  estimated tax requirements of this section and having a taxable year  of
  less  than  twelve  months  shall  make a declaration in accordance with
  regulations of the commissioner of finance.
    (i) Declaration of unincorporated business  under  a  disability.  The
  declaration  of  estimated  tax  for an unincorporated business which is
  unable to make a declaration for any reason shall be made and  filed  by
  the  committee,  fiduciary  or other person charged with the care of the
  property of such unincorporated  business  (other  than  a  receiver  in
  possession  of  only  a  part  of  such property), or by his or her duly
  authorized agent.
    (j) Declaration of estimated tax for taxable years beginning prior  to
  July thirteenth, nineteen hundred sixty-six. Notwithstanding subdivision
  (c)  of  this  section,  no  declaration  of  estimated  tax required by
  subdivision (a) of this section need be filed until  September  twelfth,
  nineteen hundred sixty-six.