2006 New York Code - Tax Surcharge.

 
    §  209-A.  Tax  surcharge.  1.  In  addition  to the tax imposed under
  section two hundred nine of this article, there is hereby  imposed,  for
  taxable  years  ending after June thirtieth, nineteen hundred ninety and
  before July first, nineteen hundred ninety-seven, a tax surcharge at the
  rate of fifteen percent in the case of such taxable years ending  before
  July  first,  nineteen  hundred  ninety-four,  and  until  such  rate is
  superseded; at the rate of ten percent in the case of such taxable years
  ending after June thirtieth, nineteen  hundred  ninety-four  and  before
  July  first,  nineteen  hundred  ninety-five,  and  until  such  rate is
  superseded; at the rate of five percent in  the  case  of  such  taxable
  years  ending  after  June  thirtieth,  nineteen hundred ninety-five and
  before July first, nineteen hundred ninety-six, and until such  rate  is
  superseded;  and at the rate of zero percent in the case of such taxable
  years ending after  June  thirtieth,  nineteen  hundred  ninety-six  and
  before  July  first,  nineteen  hundred ninety-seven, of the tax imposed
  under section two hundred nine of this article, after deduction  of  any
  credits  against  tax  otherwise allowable under this article. Provided,
  however, that in the  case  of  a  New  York  S  corporation,  such  tax
  surcharge  shall  be  imposed  as  provided  in  subdivision six of this
  section. The tax surcharge imposed  by  this  section  at  the  rate  of
  fifteen  percent  shall  not  be imposed upon any taxpayer for more than
  forty-eight months, and the tax surcharges imposed by  this  section  at
  the  rates  of  ten  percent,  five  percent and zero percent shall not,
  respectively, be imposed upon any taxpayer for more than twelve  months,
  and  the  commissioner  shall  prescribe by regulation or instructions a
  method of proration designed to  effectuate  such  result.  The  credits
  against  tax  otherwise  allowable under section two hundred ten of this
  article shall not be allowed against the tax surcharge imposed  by  this
  section.
    2.  The provisions concerning reports under section two hundred eleven
  of this article shall be applicable to this  section,  except  that  for
  purposes  of  an  automatic extension for six months for filing a report
  covering the taxes imposed by this  article,  such  automatic  extension
  shall  be  allowed, for taxable years to which the tax surcharge imposed
  by this section applies, only if a taxpayer files with the  commissioner
  an  application  for  extension  in  such  form  as the commissioner may
  prescribe, and pays on or before the date of such filing, in addition to
  any other amounts required under this article, fifteen  percent  in  the
  case  of  taxable  years  ending  after June thirtieth, nineteen hundred
  ninety and before July first, nineteen hundred ninety-four, ten  percent
  in  the  case  of  taxable  years  ending after June thirtieth, nineteen
  hundred ninety-four and before July first, nineteen hundred ninety-five,
  five percent in the case of taxable years ending after  June  thirtieth,
  nineteen  hundred  ninety-five  and  before July first, nineteen hundred
  ninety-six, and zero percent in the case of taxable years  ending  after
  June  thirtieth,  nineteen  hundred  ninety-six  and  before July first,
  nineteen hundred ninety-seven,  of  the  amount  properly  estimated  as
  provided  in  section  two  hundred  thirteen of this article as its tax
  payable under section two hundred nine of this article, after  deduction
  of any credits against tax otherwise allowable under section two hundred
  ten  of this article. The tax surcharge imposed by this section shall be
  payable to the commissioner in full at the time the report  is  required
  to be filed.
    3. Except as otherwise provided in this section, all of the provisions
  of  this article, except for section two hundred nine-B of this article,
  shall apply to the tax surcharge  imposed  by  this  section  with  such
  modifications  as  may  be  necessary  to adapt such language to the tax
  surcharge imposed by this section. Such provisions shall apply with  the
  same  force and effect as if those provisions had been set forth in full
  in this section except to  the  extent  that  any  provision  is  either
  inconsistent with a provision of this section or not relevant to the tax
  surcharge  imposed  by this section, and to that end a reference in this
  article to the tax imposed by section two hundred nine of  this  article
  shall  be  read  as  a  reference  to  the tax surcharge imposed by this
  section, and to the sum of such tax and such tax surcharge in  the  case
  of  sections  two  hundred thirteen-a and two hundred thirteen-b of this
  article and such other provisions requiring such  reading  in  order  to
  effectuate the purposes of this provision, unless a different meaning is
  clearly required.
    4.  The amount of tax surcharge imposed pursuant to this section shall
  not be included in any calculation of a tax surcharge  imposed  pursuant
  to section two hundred nine-B of this article.
    5.  Insofar  as  subdivision one of this section establishes a rate of
  fifteen  percent  in  the  case  of  taxable  years  ending  after  June
  thirtieth,  nineteen  hundred  ninety  and  before  July first, nineteen
  hundred ninety-four and until such rate is superseded,  a  rate  of  ten
  percent  in  the  case  of  taxable  years  ending after June thirtieth,
  nineteen hundred ninety-four and before  July  first,  nineteen  hundred
  ninety-five and until such rate is superseded, a rate of five percent in
  the  case of taxable years ending after June thirtieth, nineteen hundred
  ninety-five and before July first, nineteen hundred ninety-six and until
  such rate is superseded, and a rate of  zero  percent  in  the  case  of
  taxable  years  ending after June thirtieth, nineteen hundred ninety-six
  and before July first, nineteen  hundred  ninety-seven,  the  transition
  from such rate of fifteen percent to such rate of ten percent, from such
  rate  of ten percent to such rate of five percent, and from such rate of
  five percent to such rate of zero percent, shall  be  deemed  to  occur,
  respectively,  on  the  first  day  of the seventh month of each of such
  taxable years, with the result that for purposes  of  implementation  of
  such  changes  in rates, and notwithstanding such subdivision one, there
  is hereby imposed with respect to all taxable years  ending  after  June
  thirtieth,  nineteen hundred ninety-four and before July first, nineteen
  hundred ninety-five,  including  taxable  years  of  fewer  than  twelve
  months,  a  tax  surcharge  at  the rate of twelve and one-half percent;
  there is hereby imposed with respect to all taxable years  ending  after
  June  thirtieth,  nineteen  hundred  ninety-five  and before July first,
  nineteen hundred ninety-six,  including  taxable  years  of  fewer  than
  twelve  months,  a  tax  surcharge  at  the  rate  of seven and one-half
  percent; and there is hereby imposed with respect to all  taxable  years
  ending after June thirtieth, nineteen hundred ninety-six and before July
  first,  nineteen  hundred ninety-seven, including taxable years of fewer
  than twelve months, a tax surcharge at the  rate  of  two  and  one-half
  percent.  In  addition,  for  purposes  of  implementation  of  all  the
  provisions of this section references to ten percent shall  be  read  as
  references  to  twelve  and one-half percent, references to five percent
  shall be read as references to seven and one-half percent and references
  to zero percent shall be read as references to two and one-half percent.
    6. In the case of a New York S  corporation,  (a)  the  tax  surcharge
  under this section shall not be imposed on any such corporation which is
  a small business taxpayer as defined in paragraph (f) of subdivision one
  of  section  two  hundred  ten  of this article the entire net income of
  which is not more than two hundred thousand dollars and
    (b) the tax surcharge under this section on any New York S corporation
  other than one excluded under paragraph (a) hereof shall be  imposed  as
  provided in this section on the S corporation surcharge base.
    (c) The S corporation surcharge base is:
    (i)  for  taxable  years  ending  before  July first, nineteen hundred
  ninety-four, the amount described in clause (i) of subparagraph  one  of
  paragraph  (g)  of  subdivision  one  of section two hundred ten of this
  article,
    (ii)  for  taxable years ending after June thirtieth, nineteen hundred
  ninety-four and before July first, nineteen  hundred  ninety-six,  fifty
  percent  of  the  sum  of  the  amounts  described  in (I) clause (i) of
  subparagraph one of paragraph (g) of  subdivision  one  of  section  two
  hundred  ten of this article and (II) subparagraph one of such paragraph
  (g), and
    (iii) for taxable years ending after June thirtieth, nineteen  hundred
  ninety-six, the amount described in subparagraph one of paragraph (g) of
  subdivision one of section two hundred ten of this article.
    (d)  Tax  surcharge base for small business taxpayers. Notwithstanding
  paragraph (c) hereof, in the case of a New York S corporation which is a
  small business taxpayer the entire net income of which is more than  two
  hundred  thousand  dollars,  the tax surcharge base for any taxable year
  shall be the product of the amount determined under such  paragraph  (c)
  for  the  taxable  year  and  a  fraction, the numerator of which is the
  difference between such corporation's entire net income and two  hundred
  thousand  dollars  and  the  denominator  of  which  is  ninety thousand
  dollars.