There is a newer version of the New York Consolidated Laws
2006 New York Code - Reports.
§ 211. Reports. 1. Every taxpayer, as well as every foreign
corporation having an employee, including any officer, within the state,
shall annually on or before March fifteenth transmit to the tax
commission a report in a form prescribed by it (except that a
corporation which reports on the basis of a fiscal year shall transmit
its report within two and one-half months after the close of its fiscal
year and except, also, that a corporation which is a DISC shall transmit
its report on or before the fifteenth day of the ninth month following
the close of its calendar or fiscal year), setting forth such
information as the tax commission may prescribe and every taxpayer which
ceases to exercise its franchise or to be subject to the tax imposed by
this article shall transmit to the tax commission a report on the date
of such cessation or at such other time as the tax commission may
require covering each year or period for which no report was theretofore
filed. In the case of a termination year of an S corporation, the S
short year and the C short year shall be treated as separate short
taxable years, provided, however, the due date of the report for the S
short year shall be the same as the due date of the report for the C
short year. Every taxpayer shall also transmit such other reports and
such facts and information as the tax commission may require in the
administration of this article. The tax commission may grant a
reasonable extension of time for filing reports whenever good cause
exists.
An automatic extension of six months for the filing of its annual
report shall be allowed any taxpayer if, within the time prescribed by
the preceding paragraph, such taxpayer files with the tax commission an
application for extension in such form as said commission may prescribe
by regulation and pays on or before the date of such filing the amount
properly estimated as its tax.
2. Every report shall have annexed thereto a certification by the
president, vice-president, treasurer, assistant treasurer, chief
accounting officer or any other officer of the taxpayer duly authorized
so to act to the effect that the statements contained therein are true.
In the case of an association, within the meaning of paragraph three of
section (a) of section seventy-seven hundred one of the internal revenue
code, a publicly traded partnership treated as a corporation for
purposes of the internal revenue code pursuant to section seventy-seven
hundred four thereof and any business conducted by a trustee or trustees
wherein interest or ownership is evidenced by certificates or other
written instruments such certification shall be made by any person duly
authorized so to act on behalf of such association, publicly traded
partnership or business. The fact that an individual's name is signed on
a certification of the report shall be prima facie evidence that such
individual is authorized to sign and certify the report on behalf of the
corporation. Blank forms of reports shall be furnished by the
commissioner of taxation and finance, on application, but failure to
secure such a blank shall not release any corporation from the
obligation of making any report required by this article.
2-a. The tax commission may prescribe regulations and instructions
requiring returns of information to be made and filed in conjunction
with the reports required to be filed pursuant to section two hundred
eleven, relating to payments made to shareholders owning, directly or
indirectly, individually or in the aggregate, more than fifty percent of
the issued capital stock of the taxpayer, where such payments are
treated as payments of interest in the computation of entire net income
or minimum taxable income reported on such reports.
* 3. If the amount of taxable income for any year of any taxpayer, or
of any shareholder of any taxpayer, which has elected to be taxed under
subchapter s of chapter one of the internal revenue code, as returned to
the United States treasury department is changed or corrected by the
commissioner of internal revenue or other officer of the United States
or other competent authority, or where a renegotiation of a contract or
subcontract with the United States results in a change in taxable
income, or where a recovery of a war loss results in a computation or
recomputation of any tax imposed by the United States, such taxpayer
shall report such changed or corrected taxable income, or the results of
such renegotiation, or such computation or recomputation, within ninety
days after the final determination of such change or correction or
renegotiation, or such computation or recomputation, or as required by
the tax commission, and shall concede the accuracy of such determination
or state wherein it is erroneous. The allowance of a tentative carryback
adjustment based upon a net operating loss carryback or net capital loss
carryback pursuant to section sixty-four hundred eleven of the internal
revenue code of nineteen hundred fifty-four, as amended, shall be
treated as a final determination for purposes of this subdivision. Any
taxpayer filing an amended return with such department shall also file
within ninety days thereafter an amended report with the tax commission.
* NB Applies to taxable years prior to December 31, 1986
3. If the amount of taxable income or alternative minimum taxable
income for any year of any taxpayer (including any taxpayer which has
elected to be taxed under subchapter s of chapter one of the internal
revenue code), as returned to the United States treasury department is
changed or corrected by the commissioner of internal revenue or other
officer of the United States or other competent authority, or where a
renegotiation of a contract or subcontract with the United States
results in a change in taxable income or alternative minimum taxable
income, such taxpayer shall report such changed or corrected taxable
income or alternative minimum taxable income, or the results of such
renegotiation, within ninety days (or one hundred twenty days, in the
case of a taxpayer making a combined report under this article for such
year) after the final determination of such change or correction or
renegotiation, or as required by the commissioner, and shall concede the
accuracy of such determination or state wherein it is erroneous. The
allowance of a tentative carryback adjustment based upon a net operating
loss carryback or net capital loss carryback pursuant to section
sixty-four hundred eleven of the internal revenue code, as amended,
shall be treated as a final determination for purposes of this
subdivision. Any taxpayer filing an amended return with such department
shall also file within ninety days thereafter an amended report with the
commissioner.
* 4. In the discretion of the tax commission, any taxpayer, which owns
or controls either directly or indirectly substantially all the capital
stock of one or more other corporations, or substantially all the
capital stock of which is owned or controlled either directly or
indirectly by one or more other corporations or by interests which own
or control either directly or indirectly substantially all the capital
stock of one or more other corporations, may be required or permitted to
make a report on a combined basis covering any such other corporations
and setting forth such information as the tax commission may require;
provided, however, that any corporation which owns or controls either
directly or indirectly substantially all the capital stock of a DISC not
exempt from tax under paragraph (i) of subdivision nine of section two
hundred eight of this article shall be allowed, at the election of such
corporation, to make a report on a combined basis covering such DISC,
but the failure of such corporation to make such election shall not
prohibit the tax commission from requiring a combined report covering
such corporation and such DISC; provided, further, that no combined
report covering any corporation not a taxpayer shall be required unless
the tax commission deems such a report necessary, because of
inter-company transactions or some agreement, understanding, arrangement
or transaction referred to in subdivision five of this section, in order
properly to reflect the tax liability under this article. In the case of
a combined report the tax shall be measured by the combined entire net
income or combined capital, of all the corporations included in the
report. In computing combined entire net income intercorporate dividends
shall be eliminated, in computing combined business and investment
capital intercorporate stockholdings and intercorporate bills, notes and
accounts receivable and payable and other intercorporate indebtedness
shall be eliminated and in computing combined subsidiary capital
intercorporate stockholdings shall be eliminated, provided, however,
that intercorporate dividends from a DISC or a former DISC not exempt
from tax under paragraph (i) of subdivision nine of section two hundred
eight of this article which are taxable as business income under this
article shall not be eliminated.
* NB Applies to taxable years prior to December 31, 1986
* 4. In the discretion of the commissioner of taxation and finance,
any taxpayer, which owns or controls either directly or indirectly
substantially all the capital stock of one or more other corporations,
or substantially all the capital stock of which is owned or controlled
either directly or indirectly by one or more other corporations or by
interests which own or control either directly or indirectly
substantially all the capital stock of one or more other corporations,
may be required or permitted to make a report on a combined basis
covering any such other corporations and setting forth such information
as the commissioner may require; provided, however, that any corporation
which owns or controls either directly or indirectly substantially all
the capital stock of a DISC not exempt from tax under paragraph (i) of
subdivision nine of section two hundred eight of this article shall be
allowed, at the election of such corporation, to make a report on a
combined basis covering such DISC, but the failure of such corporation
to make such election shall not prohibit the commissioner from requiring
a combined report covering such corporation and such DISC; provided,
further, that no taxpayer may be permitted to make a report on a
combined basis covering any such other corporations where such taxpayer
or any such other corporation allocates in accordance with clause (A) of
subparagraph seven of paragraph (a) of subdivision three of section two
hundred ten of this article and such taxpayer or any such other
corporation does not so allocate; provided, further, that no combined
report covering any corporation not a taxpayer shall be required unless
the commissioner deems such a report necessary, because of inter-company
transactions or some agreement, understanding, arrangement or
transaction referred to in subdivision five of this section, in order
properly to reflect the tax liability under this article and provided,
further, that a corporation which elects the application of section nine
hundred thirty-six of the internal revenue code with respect to a
particular federal taxable year shall not, in the case of a taxpayer, be
required or permitted to make a report on a combined basis with respect
to a taxable year under this article which is the same as such federal
taxable year (or a portion thereof), and, in the case of a corporation
which is not a taxpayer, no combined report covering such corporation
with respect to such taxable year under this article shall be required
or permitted. In the case of a combined report the tax shall be measured
by the combined entire net income, combined minimum taxable income,
combined pre-nineteen hundred ninety minimum taxable income or combined
capital, of all the corporations included in the report; provided,
however, in no event shall the tax measured by combined capital exceed
the limitation provided for in paragraph (b) of subdivision one of
section two hundred ten. In computing combined entire net income,
combined minimum taxable income or combined pre-nineteen hundred ninety
minimum taxable income intercorporate dividends shall be eliminated, in
computing combined business and investment capital intercorporate
stockholdings and intercorporate bills, notes and accounts receivable
and payable and other intercorporate indebtedness shall be eliminated
and in computing combined subsidiary capital intercorporate
stockholdings shall be eliminated, provided, however, that
intercorporate dividends from a DISC or a former DISC not exempt from
tax under paragraph (i) of subdivision nine of section two hundred eight
of this article which are taxable as business income under this article
shall not be eliminated.
* NB Applies to taxable years beginning after December 31, 1986
* 4. In the discretion of the commissioner, any taxpayer, which owns
or controls either directly or indirectly substantially all the capital
stock of one or more other corporations, or substantially all the
capital stock of which is owned or controlled either directly or
indirectly by one or more other corporations or by interests which own
or control either directly or indirectly substantially all the capital
stock of one or more other corporations, may be required or permitted to
make a report on a combined basis covering any such other corporations
and setting forth such information as the commissioner may require;
provided, however, that any corporation which owns or controls either
directly or indirectly substantially all the capital stock of a DISC not
exempt from tax under paragraph (i) of subdivision nine of section two
hundred eight of this article shall be allowed, at the election of such
corporation, to make a report on a combined basis covering such DISC,
but the failure of such corporation to make such election shall not
prohibit the commissioner from requiring a combined report covering such
corporation and such DISC; provided, further, that no taxpayer may be
permitted to make a report on a combined basis covering any such other
corporations where such taxpayer or any such other corporation allocates
in accordance with clause (A) of subparagraph seven of paragraph (a) of
subdivision three of section two hundred ten of this article and such
taxpayer or any such other corporation does not so allocate; provided,
further, that no taxpayer may be permitted to make a report on a
combined basis covering any such other corporations where such taxpayer
or any such other corporation allocates in accordance with subparagraph
eight of paragraph (a) of subdivision three of section two hundred ten
of this article and such taxpayer or any such other corporation does not
so allocate; provided, further, that no combined report covering any
corporation not a taxpayer shall be required unless the commissioner
deems such a report necessary, because of inter-company transactions or
some agreement, understanding, arrangement or transaction referred to in
subdivision five of this section, in order properly to reflect the tax
liability under this article and provided, further, that a corporation
which elects the application of section nine hundred thirty-six of the
internal revenue code with respect to a particular federal taxable year
shall not, in the case of a taxpayer, be required or permitted to make a
report on a combined basis with respect to a taxable year under this
article which is the same as such federal taxable year (or a portion
thereof), and, in the case of a corporation which is not a taxpayer, no
combined report covering such corporation with respect to such taxable
year under this article shall be required or permitted. In the case of a
combined report the tax shall be measured by the combined entire net
income, combined minimum taxable income, combined pre-nineteen hundred
ninety minimum taxable income or combined capital, of all the
corporations included in the report; provided, however, in no event
shall the tax measured by combined capital exceed the limitation
provided for in paragraph (b) of subdivision one of section two hundred
ten of this article. In computing combined entire net income, combined
minimum taxable income or combined pre-nineteen hundred ninety minimum
taxable income intercorporate dividends shall be eliminated, in
computing combined business and investment capital intercorporate
stockholdings and intercorporate bills, notes and accounts receivable
and payable and other intercorporate indebtedness shall be eliminated
and in computing combined subsidiary capital intercorporate
stockholdings shall be eliminated, provided, however, that
intercorporate dividends from a DISC or a former DISC not exempt from
tax under paragraph (i) of subdivision nine of section two hundred eight
of this article which are taxable as business income under this article
shall not be eliminated.
* NB Applicable to taxable years commencing on or after January 1,
1998
* 4. (a) Combined reports permitted or required. In the discretion of
the commissioner, any taxpayer, which owns or controls either directly
or indirectly substantially all the capital stock of one or more other
corporations, or substantially all the capital stock of which is owned
or controlled either directly or indirectly by one or more other
corporations or by interests which own or control either directly or
indirectly substantially all the capital stock of one or more other
corporations, may be required or permitted to make a report on a
combined basis covering any such other corporations and setting forth
such information as the commissioner may require, subject to the
provisions of paragraphs one through five of this subdivision.
(1) Any corporation which owns or controls either directly or
indirectly substantially all the capital stock of a DISC not exempt from
tax under paragraph (i) of subdivision nine of section two hundred eight
of this article shall be allowed, at the election of such corporation,
to make a report on a combined basis covering such DISC, but the failure
of such corporation to make such election shall not prohibit the
commissioner from requiring a combined report covering such corporation
and such DISC.
(2)(i) No taxpayer may be permitted to make a report on a combined
basis covering any such other corporations where such taxpayer or any
such other corporation allocates in accordance with clause (A) of
subparagraph seven of paragraph (a) of subdivision three of section two
hundred ten of this article (relating to aviation corporations) and such
taxpayer or any such other corporation does not so allocate, unless such
taxpayer or such other corporation is a qualified air freight forwarder
with respect to such other corporation or such taxpayer, respectively,
and all taxpayers included on such combined report elect, by filing such
combined report, to have such qualified air freight forwarder so
included.
(ii) A corporation is a qualified air freight forwarder with respect
to another corporation:
(A) if it owns or controls either directly or indirectly all of the
capital stock of such other corporation, or if all of its capital stock
is owned or controlled either directly or indirectly by such other
corporation, or if all of the capital stock of both corporations is
owned or controlled either directly or indirectly by the same interests,
(B) if it is principally engaged in the business of air freight
forwarding, and
(C) if its air freight forwarding business is carried on principally
with the airline or airlines operated by such other corporation.
(3) No taxpayer may be permitted to make a report on a combined basis
covering any such other corporations where such taxpayer or any such
other corporation allocates in accordance with subparagraph eight of
paragraph (a) of subdivision three of section two hundred ten of this
article (relating to railroad and trucking corporations) and such
taxpayer or any such other corporation does not so allocate.
(4) No combined report covering any corporation not a taxpayer shall
be required unless the commissioner deems such a report necessary,
because of inter-company transactions or some agreement, understanding,
arrangement or transaction referred to in subdivision five of this
section, in order properly to reflect the tax liability under this
article.
(5) A corporation which elects the application of section nine hundred
thirty-six of the internal revenue code with respect to a particular
federal taxable year shall not, in the case of a taxpayer, be required
or permitted to make a report on a combined basis with respect to a
taxable year under this article which is the same as such federal
taxable year (or a portion thereof), and, in the case of a corporation
which is not a taxpayer, no combined report covering such corporation
with respect to such taxable year under this article shall be required
or permitted.
(b) Computation. (1) Tax. In the case of a combined report the tax
shall be measured by the combined entire net income, combined minimum
taxable income, combined pre-nineteen hundred ninety minimum taxable
income or combined capital, of all the corporations included in the
report; provided, however, in no event shall the tax measured by
combined capital exceed the limitation provided for in paragraph (b) of
subdivision one of section two hundred ten of this article.
(2) Tax bases. In computing combined entire net income, combined
minimum taxable income or combined pre-nineteen hundred ninety minimum
taxable income intercorporate dividends shall be eliminated, in
computing combined business and investment capital intercorporate
stockholdings and intercorporate bills, notes and accounts receivable
and payable and other intercorporate indebtedness shall be eliminated
and in computing combined subsidiary capital intercorporate
stockholdings shall be eliminated, provided, however, that
intercorporate dividends from a DISC or a former DISC not exempt from
tax under paragraph (i) of subdivision nine of section two hundred eight
of this article which are taxable as business income under this article
shall not be eliminated.
(3) Air freight forwarders: allocation. Notwithstanding any provision
of law to the contrary, where a combined report includes a qualified air
freight forwarder and a corporation described in subparagraph seven of
paragraph (a) of subdivision three of section two hundred ten of this
chapter (relating to aviation corporations), in computing the combined
business allocation percentage such subparagraph seven shall be applied
with respect to such qualified air freight forwarder.
* NB Applies to taxable years beginning on or after January 1, 2001
* 5. In case it shall appear to the tax commission that any agreement,
understanding or arrangement exists between the taxpayer and any other
corporation or any person or firm, whereby the activity, business,
income or capital of the taxpayer within the state is improperly or
inaccurately reflected, the tax commission is authorized and empowered,
in its discretion and in such manner as it may determine, to adjust
items of income, deductions and capital, and to eliminate assets in
computing any allocation percentage provided only that any income
directly traceable thereto be also excluded from entire net income, so
as equitably to determine the tax. Where (a) any taxpayer conducts its
activity or business under any agreement, arrangement or understanding
in such manner as either directly or indirectly to benefit its members
or stockholders, or any of them, or any person or persons directly or
indirectly interested in such activity or business, by entering into any
transaction at more or less than a fair price which, but for such
agreement, arrangement or understanding, might have been paid or
received therefor, or (b) any taxpayer, a substantial portion of whose
capital stock is owned either directly or indirectly by another
corporation, enters into any transaction with such other corporation on
such terms as to create an improper loss or net income, the tax
commission may include in the entire net income of the taxpayer the fair
profits which, but for such agreement, arrangement or understanding, the
taxpayer might have derived from such transaction.
* NB Applies to taxable years prior to December 31, 1986
* 5. In case it shall appear to the tax commission that any agreement,
understanding or arrangement exists between the taxpayer and any other
corporation or any person or firm, whereby the activity, business,
income or capital of the taxpayer within the state is improperly or
inaccurately reflected, the tax commission is authorized and empowered,
in its discretion and in such manner as it may determine, to adjust
items of income, deductions and capital, and to eliminate assets in
computing any allocation percentage provided only that any income
directly traceable thereto be also excluded from entire net income,
minimum taxable income or pre-nineteen hundred ninety minimum taxable
income, so as equitably to determine the tax. Where (a) any taxpayer
conducts its activity or business under any agreement, arrangement or
understanding in such manner as either directly or indirectly to benefit
its members or stockholders, or any of them, or any person or persons
directly or indirectly interested in such activity or business, by
entering into any transaction at more or less than a fair price which,
but for such agreement, arrangement or understanding, might have been
paid or received therefor, or (b) any taxpayer, a substantial portion of
whose capital stock is owned either directly or indirectly by another
corporation, enters into any transaction with such other corporation on
such terms as to create an improper loss or net income, the tax
commission may include in the entire net income, minimum taxable income
or pre-nineteen hundred ninety minimum taxable income of the taxpayer
the fair profits which, but for such agreement, arrangement or
understanding, the taxpayer might have derived from such transaction.
* NB Applies to taxable years beginning after December 31, 1986
6. An action may be brought at any time by the attorney-general at the
instance of the tax commission, in the name of the state, to compel the
filing of reports due under this article.
7. Reports shall be preserved for five years, and thereafter until the
tax commission orders them to be destroyed.
8. (a) Except in accordance with proper judicial order or as otherwise
provided by law, it shall be unlawful for any tax commissioner, any
officer or employee of the department of taxation and finance, or any
person who, pursuant to this section, is permitted to inspect any
report, or to whom any information contained in any report is furnished,
or any person engaged or retained by such department on an independent
contract basis, or any person who in any manner may acquire knowledge of
the contents of a report filed pursuant to this article, to divulge or
make known in any manner the amount of income or any particulars set
forth or disclosed in any report under this article. The officers
charged with the custody of such reports shall not be required to
produce any of them or evidence of anything contained in them in any
action or proceeding in any court, except on behalf of the state or the
commissioner in an action or proceeding under the provisions of this
chapter or in any other action or proceeding involving the collection of
a tax due under this chapter to which the state or the commissioner is a
party or a claimant, or on behalf of any party to any action or
proceeding under the provisions of this article when the reports or
facts shown thereby are directly involved in such action or proceeding,
in any of which events the court may require the production of, and may
admit in evidence, so much of said reports or of the facts shown thereby
as are pertinent to the action or proceeding, and no more. The
commissioner may, nevertheless, publish a copy or a summary of any
determination or decision rendered after the formal hearing provided for
in section one thousand eighty-nine of this chapter. Nothing herein
shall be construed to prohibit the delivery to a corporation or its duly
authorized representative of a copy of any report filed by it, nor to
prohibit the publication of statistics so classified as to prevent the
identification of particular reports and the items thereof; or the
publication of delinquent lists showing the names of taxpayers who have
failed to pay their taxes at the time and in the manner provided by
section two hundred thirteen of this chapter together with any relevant
information which in the opinion of the commissioner may assist in the
collection of such delinquent taxes; or the inspection by the attorney
general or other legal representatives of the state of the report of any
corporation which shall bring action to set aside or review the tax
based thereon, or against which an action or proceeding under this
chapter has been recommended by the commissioner of taxation and finance
or the attorney general or has been instituted; or the inspection of the
reports of any corporation by the comptroller or duly designated officer
or employee of the state department of audit and control, for purposes
of the audit of a refund of any tax paid by such corporation under this
article; and nothing in this chapter shall be construed to prohibit the
publication of the issuer's allocation percentage of any corporation, as
such term "issuer's allocation percentage" is defined in subparagraph
one of paragraph (b) of subdivision three of section two hundred ten of
this article.
(b) (i) Any officer or employee of the state who willfully violates
the provisions of paragraph (a) of this subdivision shall be dismissed
from office and be incapable of holding any public office in this state
for a period of five years thereafter.
(ii) Cross-reference: For criminal penalties, see article thirty-seven
of this chapter.
(c) Notwithstanding any provisions of this subdivision, the tax
commission may permit the secretary of the treasury of the United States
or his delegates, or the proper officer of any other state charged with
tax administration, or the authorized representative of either such
officer, to inspect the reports filed under this article, or may furnish
to such officer or his authorized representative an abstract of any such
report or supply information concerning an item contained in any such
report, or disclosed by an investigation of tax liability under this
article, but such permission shall be granted or such information
furnished to such officer or his representative only if the laws of the
United States or of such other state, as the case may be, grant
substantially similar privileges to the commission or officer of this
state charged with the administration of the tax imposed by this article
and such information is to be used for tax purposes only; and provided
further the commissioner of taxation and finance may furnish to the
secretary of the treasury of the United States or his delegates such
reports filed under this article and other tax information, as he may
consider proper, for use in court actions or proceedings under the
internal revenue code, whether civil or criminal, where a written
request therefor has been made to the commissioner of taxation and
finance by the secretary of the treasury or his delegates provided the
laws of the United States grant substantially similar powers to the
secretary of the treasury or his delegates. Where the commissioner of
taxation and finance has so authorized use of reports or other tax
information in such actions or proceedings, officers and employees of
the department of taxation and finance may testify in such actions or
proceedings in respect to such reports or other tax information; and
provided further that such commission may furnish any municipality with
such information contained in the reports filed under this article as it
may consider proper for use in any certiorari or condemnation
proceeding.
9. Notwithstanding the provisions of subdivision eight of this
section, the tax commission may permit the officer charged with the
administration of an income tax imposed by any city of the state of New
York, or the authorized representative of such officer, to inspect the
reports filed under this article, or may furnish to such officer or his
authorized representative an abstract of any such report or supply
information concerning an item contained in any such report, or
disclosed by any investigation of tax liability under this article, but
such permission shall be granted or such information furnished to such
officer or his representative only if the local laws of such city grant
substantially similar privileges to the commission or officer of this
state charged with the administration of the tax imposed by this article
and such information is to be used for tax purposes only; and provided
further the commissioner of taxation and finance may furnish to such
city officer or his delegates and the legal representative of such city
such reports filed under this article and other tax information, as he
may consider proper, for use in court actions or proceedings under such
local law, whether civil or criminal, where a written request therefor
has been made to the commissioner of taxation and finance by such city
officer or his delegates or by such legal representative of such city,
provided the local law of such city grants substantially similar powers
to the city officer charged with the administration of the city income
tax or his delegates. Where the commissioner of taxation and finance has
so authorized use of reports or other tax information in such actions or
proceedings, officers and employees of the department of taxation and
finance may testify in such actions or proceedings in respect to such
reports or other tax information.
10. Notwithstanding the provisions of subdivision eight of this
section, the tax commission, in its discretion, may require or permit
any or all persons liable for any tax imposed by this article, to make
payments on account of estimated tax and payment of any tax, penalty or
interest imposed by this article to banks, banking houses or trust
companies designated by the tax commission and to file declarations of
estimated tax, applications for automatic extensions of time to file
reports, and reports with such banks, banking houses or trust companies
as agents of the tax commission, in lieu of making any such payment
directly to the tax commission. However, the tax commission shall
designate only such banks, banking houses or trust companies as are or
shall be designated by the comptroller as depositories pursuant to
section two hundred eighteen.
11. Notwithstanding the provisions of subdivision eight of this
section, the commissioner may disclose to the head of any state agency,
pursuant to section one hundred seventy-one-f of this chapter, the name
and taxpayer identification number of any taxpayer whose overpayment is
certified to the comptroller to be credited against a past-due legally
enforceable debt owed to such agency and the amount of the overpayment
and interest thereon certified to the comptroller to be credited against
a past-due legally enforceable debt, and the commissioner may disclose
to the commissioner of finance of the city of New York, pursuant to
section one hundred seventy-one-l of this chapter, the name and taxpayer
identification number of any taxpayer whose overpayment is certified to
the comptroller to be credited against a city of New York tax warrant
judgment debt and the amount of the overpayment and interest thereon
certified to the comptroller to be credited against a city of New York
tax warrant judgment debt.
* 12. (a) Notwithstanding the provisions of subdivision eight of this
section, the commissioner and the comptroller shall enter into an
agreement pursuant to which the commissioner shall, upon request,
provide the comptroller with a report, not more frequently than
annually, with respect to corporations or other entities which have
filed a business corporation franchise tax report under this article for
any taxable year within ten calendar years prior to the report to the
comptroller made pursuant to this subdivision, providing the following
information, to the extent that such information is readily available
from the department's system for identifying taxpayer indicative data:
(1) business name and legal name, if different;
(2) business address and mailing address;
(3) federal employer identification number;
(4) date entered into business.
(b) Each report to the comptroller made pursuant to this subdivision
shall list each corporation or other entity with respect to which such
report is made according to the total assets reported for the end of the
year on its most recent available business corporation franchise tax
report, in descending order. Such reports to the comptroller shall not
disclose the actual amount of total assets reported on such business
corporation franchise tax reports.
(c) The information provided to the comptroller pursuant to this
subdivision shall be used only for administration and enforcement of the
abandoned property law. The comptroller may redisclose the information
provided under this subdivision only to the extent necessary for
enforcement or administration of the abandoned property law.
(d) The reports to the comptroller required under this subdivision
shall be submitted by electronic means or in some other format which is
mutually acceptable to the comptroller and the commissioner. The written
agreement with the comptroller shall set forth the procedures for
providing the information the commissioner is allowed to disclose
pursuant to this subdivision.
(e) Notwithstanding article six of the public officers law or any
other provision of law, the reports to be furnished to the comptroller
pursuant to this subdivision shall not be open to the public for
inspection.
* NB Expired April 1, 2003
13. Notwithstanding the provisions of subdivision eight of this
section, in the case where a taxpayer which is an attorney-in-fact has
claimed a deduction pursuant to subparagraph fifteen of paragraph (a) of
subdivision nine of section two hundred eight of this article, the
commissioner shall have the authority to release to the interinsurer or
reciprocal insurer any information with respect to the entire net income
or business allocation percentage of such attorney-in-fact, or any
member of a combined group that includes such attorney-in-fact, which is
the basis for the denial in whole or in part of the deduction claimed by
such attorney-in-fact.
* 14. Notwithstanding the provisions of subdivision eight of this
section, the commissioner may disclose to a taxpayer or a taxpayer's
related member, as defined in paragraph (o) of subdivision nine of
section two hundred eight of this article, information relating to any
royalty payments paid, incurred or received by such taxpayer or related
member to or from the other, including the treatment of such payments by
the taxpayer or the related member in any report or return transmitted
to the commissioner under this chapter.
* NB Applicable to taxable years beginning on or after January 1, 2003
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