2020 New York Laws
TAX - Tax
Article 30 - City Personal Income Tax
1312 - Administration, Collection and Review.

Universal Citation: NY Tax L § 1312 (2020)
§ 1312. Administration, collection and review. (a) Except as otherwise
provided  in  this article, any tax imposed pursuant to the authority of
this article shall be administered and collected by the commissioner  in
the same manner as the tax imposed by article twenty-two of this chapter
is administered and collected by the commissioner. All of the provisions
of  article  twenty-two  of  this  chapter  relating to or applicable to
payment of estimated tax,  returns,  payment  of  tax,  claim  of  right
adjustment,  withholding  of  tax  from wages, employer's statements and
returns, employer's liability for taxes required to be withheld and  all
other  provisions  of  article twenty-two of this chapter relating to or
applicable to the administration, collection, liability for  and  review
of  the  tax  imposed  by  article twenty-two of this chapter, including
sections six hundred fifty-two through six hundred fifty-four,  sections
six  hundred  fifty-seven  through  six hundred fifty-nine, sections six
hundred sixty-one  and  six  hundred  sixty-two,  sections  six  hundred
seventy-one   and   six   hundred   seventy-two,  sections  six  hundred
seventy-four through six hundred seventy-eight and sections six  hundred
eighty-one  through six hundred ninety-seven of this chapter, inclusive,
shall apply to a tax imposed pursuant to the authority of  this  article
with  the  same  force  and  effect  as  if  those  provisions  had been
incorporated in full into this article, and had  expressly  referred  to
the  tax imposed pursuant to the authority of this article, except where
inconsistent with a provision of this article. Whenever there  is  joint
collection  of  state and city personal income taxes, it shall be deemed
that such collections shall  represent  proportionately  the  applicable
state  and  city  personal  income taxes in determining the amount to be
remitted to the city.

(b) The state tax commission, in its discretion, may require or permit any or all persons liable for any tax imposed pursuant to the authority of this article to make payments on account of estimated tax and payment of any tax, penalty or interest to such banks, banking housing or trust companies designated by the state tax commission and to file returns with such banks, banking houses or trust companies, as agent of the state tax commission, in lieu of paying a tax imposed pursuant to the authority of this article directly to the state tax commission. However, the state tax commission shall designate only such banks, banking houses or trust companies which are designated by the comptroller as depositories of the state.

(c) Notwithstanding any other provisions of this article, any law imposing a tax pursuant to the authority of this article shall provide that the state tax commission may require:

(1) the filing of any or all of the following:

(A) a combined return which, in addition to the return provided for in section thirteen hundred six, may also include any or both of the returns required to be filed by a resident individual of New York state pursuant to the provisions of section six hundred fifty-one of this chapter and which may be required to be filed by such individual pursuant to any local law enacted pursuant to the authority of section twenty-five-m of the general city law, and

(B) a combined employer's return which, in addition to the employer's return provided for by any law enacted pursuant to the authority of this article, may also include any or both of the employer's returns required to be filed by the same employer pursuant to the provisions of section six hundred seventy-four of this chapter and required to be filed by such employer pursuant to any local law enacted under the authority of section twenty-five-m of the general city law, and

(C) a combined partnership return which, in addition to the partnership return provided for by any law enacted pursuant to the authority of this article, may also include either or both of the partnership returns required to be filed by a partnership pursuant to the provisions of paragraph one of subsection (c) of section six hundred fifty-eight of this chapter and required to be filed by such partnership pursuant to any local law enacted under the authority of section twenty-five-m of the general city law, and

(2) where a combined return or employer's return is required, and with respect to the payment of estimated tax, the state tax commission may also require the payment to it of a single amount which shall equal the total of the amounts (total taxes less any credits or refunds) which would have been required to be paid with the returns or employer's returns or in payment of estimated tax pursuant to the provisions of article twenty-two of the tax law, and the provisions of local laws enacted under the authority of this article and section twenty-five-m of the general city law.

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