2010 New York Code
TAX - Tax
Article 13-A - (300 - 315) TAX ON PETROLEUM BUSINESSES
301-G - Restructured tax surcharge.

§  301-g. Restructured tax surcharge. (a) Imposition of tax surcharge.
  In addition to the taxes imposed by sections three hundred one-a,  three
  hundred  one-e,  three  hundred  one-h,  three  hundred  one-i and three
  hundred one-j of this article, for taxable months commencing on or after
  September first, nineteen hundred ninety up to and including  the  month
  of  May,  nineteen  hundred  ninety-four,  there is hereby imposed a tax
  surcharge for each or any part of a taxable month at the rate of fifteen
  percent of the applicable rate of tax imposed  by  such  sections  three
  hundred  one-a,  three hundred one-e, three hundred one-h, three hundred
  one-i and three hundred one-j  of  this  article  with  respect  to  the
  products  included  in  each  component  of  such  taxes imposed by such
  sections, to be computed on a per quantity basis (rounded to the nearest
  hundredth cent per quantity), provided that such tax surcharge shall not
  be imposed with respect to kero-jet fuel included in the  kero-jet  fuel
  component  under  subdivision  (c)  of  section  three hundred one-e for
  taxable  months  beginning  prior  to  July  first,   nineteen   hundred
  ninety-one.  Provided further, for taxable months commencing on or after
  June first, nineteen hundred ninety-four up to and including  the  month
  of  May,  nineteen  hundred  ninety-five,  there is hereby imposed a tax
  surcharge for each or any part of a taxable month at the rate of  twelve
  and  one-half  percent  of  the  applicable  rate of tax imposed by such
  sections three hundred one-a, three hundred one-e, three hundred  one-h,
  three hundred one-i and three hundred one-j of this article with respect
  to the products included in each component of such taxes imposed by such
  sections, to be computed on a per quantity basis (rounded to the nearest
  hundredth  cent  per  quantity).  Provided  further,  for taxable months
  commencing on or after June first, nineteen hundred  ninety-five  up  to
  and  including  the  month of May, nineteen hundred ninety-six, there is
  hereby imposed a tax surcharge for each or any part of a  taxable  month
  at  the rate of seven and one-half percent of the applicable rate of tax
  imposed by such sections three hundred one-a, three hundred one-e, three
  hundred one-h, three hundred one-i  and  three  hundred  one-j  of  this
  article  with respect to the products included in each component of such
  taxes imposed by such sections, to be computed on a per  quantity  basis
  (rounded to the nearest hundredth cent per quantity). Provided, further,
  for  taxable  months commencing on or after June first, nineteen hundred
  ninety-six up to and  including  the  month  of  May,  nineteen  hundred
  ninety-seven,  there  is  hereby imposed a tax surcharge for each or any
  part of a taxable month at the rate of two and one-half percent  of  the
  applicable  rate  of  tax  imposed by such sections three hundred one-a,
  three hundred one-e, three hundred one-h, three hundred one-i and  three
  hundred  one-j  of this article with respect to the products included in
  each component of such taxes imposed by such sections, to be computed on
  a per  quantity  basis  (rounded  to  the  nearest  hundredth  cent  per
  quantity). Provided, further, however, for purposes of imposition of the
  tax  surcharge  with respect to the tax imposed by section three hundred
  one-h of this article, the rate  of  the  surcharge  applicable  to  any
  calendar  quarter  during which the rate of the tax surcharge changes in
  accordance with the first three sentences of this subdivision  shall  be
  the  average  of  the  rates otherwise applicable pursuant to such first
  three sentences for each month of such calendar quarter. In the case  of
  a  taxpayer who files returns and pays taxes under article twenty-one or
  article twenty-one-A of this chapter, as the case may be, on  an  annual
  or  other  basis  other  than  monthly  or  quarterly,  for  purposes of
  imposition of the tax surcharge with  respect  to  the  tax  imposed  by
  section three hundred one-h of this article, the rate of surcharge for a
  return  period  which  would  include a change in such rate but for this
  sentence shall be, in the case of taxpayers filing on an  annual  basis,

equal to the sum of the respective rates otherwise applicable under this
  subdivision  in each month of the return period divided by the number of
  months in the return period, and, in the case of a  taxpayer  filing  on
  other than a monthly, quarterly or annual basis, equal to the sum of the
  respective  rates otherwise applicable under this subdivision on each of
  the days of the return period divided by  the  number  of  days  in  the
  return period.
    (b)   Credit,   refund   or   reimbursement.  (1)  Utility  credit  or
  reimbursement. In addition to the credit  allowed  pursuant  to  section
  three  hundred one-d and section three hundred one-i of this article, an
  electric corporation shall be allowed a credit against the tax surcharge
  imposed by this section,  except  as  such  surcharge  is  imposed  with
  respect  to  the  tax  imposed  by  section  three hundred one-j of this
  article. The credit shall be allowed with respect  to  the  quantity  of
  product  for  which  credit is allowed pursuant to section three hundred
  one-d or three hundred one-i of this article and which has been included
  in the measure of the surcharge imposed by this section on such electric
  corporation. The amount of credit  shall  be  equal  to  the  amount  of
  surcharge  imposed  by  this  section with respect to the tax imposed by
  sections three hundred one-a and three hundred  one-i  of  this  article
  with  respect  to such eligible quantity of product. The credit shall be
  applied against liability for  surcharge  under  this  section  for  the
  period  during which the credit arose. Any excess may then be applied to
  liability for the surcharge under this section for  subsequent  periods.
  In  addition  to  the  reimbursement  allowed pursuant to sections three
  hundred one-d and three hundred  one-i  of  this  article,  an  electric
  corporation  shall  be  allowed  a  reimbursement  with  respect  to the
  quantity of product for which reimbursement is allowed pursuant to  such
  section  three  hundred one-d or three hundred one-i of this article and
  which has been included in the measure of the surcharge imposed by  this
  section  with  respect  to  such  sections three hundred one-a and three
  hundred one-i. The amount of the reimbursement shall  be  equal  to  the
  amount  of  the  surcharge imposed by this section and passed through to
  such electric corporation with respect  to  such  eligible  quantity  of
  product.  Such  reimbursement  may  be  applied  for not more often than
  monthly. An electric corporation entitled to  reimbursement  under  this
  section,  in  lieu  of such reimbursement, may take credit therefor on a
  return filed under this article.
    (2) Manufacturing credit or  reimbursement.  On  and  after  September
  first,  nineteen  hundred  ninety-one,  there  shall be allowed a credit
  against or a reimbursement of  the  tax  surcharge  imposed  under  this
  section relative to the tax imposed under section three hundred one-j of
  this  article  with  respect  to  the  quantity  of  diesel  motor  fuel
  (unenhanced) and residual petroleum product which is  purchased  on  and
  after  such date and which qualifies for the manufacturing reimbursement
  (credit) under subdivision (b) of section three hundred  one-j  of  this
  article. The amount of the credit or reimbursement shall be equal to the
  tax  surcharge imposed with respect to such section three hundred one-j.
  Such reimbursement may be applied for not more often than semi-annually.
    (3) Partial credit, refund or reimbursement with respect  to  aviation
  gasoline. (i) A partial credit or refund of the tax surcharge paid under
  this  section  relative  to  the  tax  imposed  with respect to aviation
  gasoline under sections three hundred one-e and three hundred  one-j  of
  this  article shall be available with respect to aviation gasoline which
  qualifies for the partial  credit  or  refund  under  paragraph  two  of
  subdivision  (b)  of  section  three  hundred one-e of this article. The
  amount of the credit or refund shall  be  equal  to  the  tax  surcharge
  imposed  (A)  with respect to the partial credit or refund allowed under

paragraph two of subdivision (b) of section three hundred one-e of  this
  article  and  (B)  with  respect  to  the credit or refund allowed under
  paragraph two of subdivision (b) of section three hundred one-j of  this
  article.
    (ii)  A  partial  reimbursement  of  the tax surcharge paid under this
  section relative to the tax imposed with respect  to  aviation  gasoline
  under  sections  three  hundred  one-e  and  three hundred one-j of this
  article shall be available  with  respect  to  aviation  gasoline  which
  qualifies  for  the  partial  reimbursement  under  paragraph  three  of
  subdivision (d) of section three hundred one-e of this article  and  for
  which  no  partial  credit  or  refund  under  subparagraph  (i) of this
  paragraph was provided. The amount of the reimbursement shall  be  equal
  to   the   tax  surcharge  imposed  (A)  with  respect  to  the  partial
  reimbursement allowed  under  paragraph  three  of  subdivision  (d)  of
  section  three hundred one-e of this article and (B) with respect to the
  reimbursement allowed  under  subparagraph  (ii)  of  paragraph  two  of
  subdivision (b) of section three hundred one-j of this article.
    (4)  The  commissioner shall require such documentary proof to qualify
  for any credit, refund or  reimbursement  of  tax  provided  under  this
  subdivision as the commissioner deems appropriate.
    (c)  Deposit and disposition of revenue. Any provision of this article
  to the contrary notwithstanding, the full amount of any  tax  surcharge,
  as  well  as  interest  and  penalties  relating  thereto,  collected or
  received by the commissioner of taxation and finance under this  section
  shall be deposited and disposed of pursuant to the provisions of section
  one hundred seventy-one-a of this chapter.