2012 New York Consolidated Laws
TAX - Tax
Article 9-A - (208 - 219-A) FRANCHISE TAX ON BUSINESS CORPORATIONS
213-A - Declaration of estimated tax.

 
    §   213-a.   Declaration   of   estimated   tax.--(a)  Requirement  of
  declaration.--Every taxpayer subject to the tax imposed by  section  two
  hundred  nine  of this chapter shall make a declaration of its estimated
  tax for the current privilege period, containing such information as the
  commissioner of taxation and finance may  prescribe  by  regulations  or
  instructions, if such estimated tax can reasonably be expected to exceed
  one  thousand  dollars.  If  a  taxpayer is subject to the tax surcharge
  imposed under section two  hundred  nine-B  of  this  article  and  such
  taxpayer's  estimated tax under section two hundred nine of this article
  can reasonably be expected to exceed one thousand dollars, such taxpayer
  shall also make a declaration of its estimated  tax  surcharge  for  the
  current privilege period.
    (b)  Definition  of  estimated  tax  and estimated tax surcharge.--The
  terms "estimated tax" and "estimated tax  surcharge"  mean  the  amounts
  which  a  taxpayer  estimates  to be the tax or tax surcharge imposed by
  section two hundred nine or two hundred nine-B,  respectively,  of  this
  chapter  for  the  current  privilege  period,  less the amount which it
  estimates to be the sum of any credits allowable against the tax or  tax
  surcharge, respectively.
    (c) Time for filing declaration.--A declaration of estimated tax and a
  declaration  of estimated tax surcharge shall be filed on or before June
  fifteenth of the current privilege period in  the  case  of  a  taxpayer
  which  reports  on  the  basis  of  a  calendar year, except that if the
  requirements of subdivision (a) are first met:
    (1) after May thirty-first and before September first of such  current
  privilege  period, the declaration shall be filed on or before September
  fifteenth, or
    (2) after August  thirty-first  and  before  December  first  of  such
  current  privilege  period,  the declaration shall be filed on or before
  December fifteenth.
    (d) Amendments of declaration.--A taxpayer  may  amend  a  declaration
  under regulations of the tax commission.
    (e) Report as declaration.--If, on or before February fifteenth of the
  succeeding  year in the case of a taxpayer which reports on the basis of
  a calendar year, a taxpayer files its report for the year for which  the
  declaration  is required, and pays therewith the balance, if any, of the
  full amount of the tax or tax surcharge shown to be due on the report,
    (i)  such  report  shall  be  considered  as  its  declaration  if  no
  declaration  was required to be filed during the calendar or fiscal year
  for which the tax  or  tax  surcharge  was  imposed,  but  is  otherwise
  required  to  be  filed  on  or  before  December  fifteenth pursuant to
  subdivision (c),
    (ii) such report shall be considered as  the  amendment  permitted  by
  subdivision  (d)  to be filed on or before December fifteenth if the tax
  or tax surcharge shown on the report is greater than the  estimated  tax
  or  estimated  tax surcharge, as the case may be, shown on a declaration
  previously made.
    (f) Fiscal year.--This section shall apply  to  privilege  periods  of
  twelve  months  other  than  a  calendar year by the substitution of the
  months of such fiscal year for the  corresponding  months  specified  in
  this section.
    (g)  Short  privilege period.--If the privilege period for which a tax
  or tax surcharge is imposed by section two hundred nine or  two  hundred
  nine-B,  respectively, of this chapter is less than twelve months, every
  taxpayer  required  to  make  a  declaration  of  estimated  tax  or   a
  declaration  of  estimated tax surcharge for such privilege period shall
  make  such  a  declaration  in  accordance  with  regulations   of   the
  commissioner of taxation and finance.

    (h)  Extension  of  time.--The  tax  commission may grant a reasonable
  extension of time, not to exceed three months, for  the  filing  of  any
  declaration  required  pursuant  to  this  section,  on  such  terms and
  conditions as it may require.