2020 New York Laws
TAX - Tax
Article 28 - Sales and Compensating Use Taxes
Part 4 - Administrative Provisions
1137-A - Returns of Estimated Tax and Payments.

Universal Citation: NY Tax L § 1137-A (2020)
§  1137-A.  Returns of estimated tax and payments. (a) Notwithstanding
any  other  provision  of  this  article,  every  person  whose  taxable
receipts,  amusement  charges  and  rents totaled three hundred thousand
dollars or more in  the  quarterly  period  ending  November  thirtieth,
nineteen  hundred  seventy-five,  shall  file,  with  or  as part of the
quarterly return and  payment  due  March  twentieth,  nineteen  hundred
seventy-six, a return setting forth the total sales and compensating use
taxes  estimated  to  be  payable by such person for the month of March,
nineteen hundred seventy-six calculated for such month in the manner set
forth in subdivisions (a) and (b) of section eleven hundred thirty-seven
and pay to the tax commission the  tax  so  calculated.  Any  adjustment
necessary to properly report and pay the tax for March, nineteen hundred
seventy-six  shall  be  reported on and paid with the monthly return due
April twentieth, nineteen hundred seventy-six.  The penalty provided for
in subdivision (a) of section eleven hundred forty-five shall apply  for
purposes of the return and payment of estimated tax required to be filed
and  paid  under  this  subdivision.  Provided,  however,  no penalty or
interest shall be payable with respect to such  return  and  payment  of
estimated  tax  if such return is timely filed, accompanied by a payment
of not less than ninety percent of the tax as finally determined  to  be
due  and  payable  for  March,  nineteen  hundred seventy-six. Provided,
further, that interest at the rate authorized under subdivision nine  of
section  eleven  hundred  forty-two, shall be payable upon the amount of
any underpayment of the tax due with such return, but not  beyond  April
twentieth, nineteen hundred seventy-six.

(b) For the period commencing March first, nineteen hundred seventy-seven and ending February twenty-eighth, nineteen hundred eighty-three, every person required to file a monthly return pursuant to subdivision (a) of section eleven hundred thirty-six, shall file, on or before each twentieth day of March, with or as part of the monthly return and payment otherwise due in such month, either:

(i) a long-form, part-quarterly return setting forth the total sales and compensating use taxes estimated to be payable by such person for such month of March calculated for such month in the manner set forth in subdivisions (a) and (b) of section eleven hundred thirty-seven; or, (ii) in the event such person is otherwise eligible and so elects, a short-form, part-quarterly return, and in either case, pay to the tax commission the tax calculated thereunder. Any adjustment necessary to properly report and pay the tax for March shall be reported on and paid with the monthly return due in April.

(c) For the period commencing March first, nineteen hundred eighty-three and ending February twenty-eight, nineteen hundred ninety-one, every person required to file a monthly return pursuant to subdivision (a) of section eleven hundred thirty-six of this article, shall file, on or before each twentieth day of March, with or as part of the monthly return and payment otherwise due in such month, a March estimated return setting forth, either: (i) the sales and compensating use taxes estimated to be payable by such person for such month of March calculated for such month in the manner set forth in paragraph two of subdivision (c) of section eleven hundred thirty-seven; or, (ii) in the event such person has had at least four successive quarterly tax periods immediately preceding the March for which the return is to be filed and so elects, one-third of the sales and compensating use taxes payable by such person to the commissioner for the comparable quarter of the immediately preceding year calculated for such comparable quarter in the manner set forth in paragraph one of subdivision (c) of section eleven hundred thirty-seven. In either case, such person shall pay to the commissioner the tax so calculated. Any adjustment necessary to properly report and pay the tax for March shall be reported on and paid with the monthly return due in April.

(d) Except as otherwise provided in this article and to the extent not inconsistent with this section, all of the provisions of this article shall apply for purposes of the estimated tax provided for in this section.

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