N.Y. TAX Law § 188 — New York Code / Act TAX / Article 9 / Section 188
Tax surcharge
Status: in_force

§ 188. Tax surcharge. 1. In addition to the taxes imposed under\nsections one hundred eighty-three, one hundred eighty-four, one hundred\neighty-six and one hundred eighty-six-a of this article, there is hereby\nimposed, for years ending on December thirty-first, nineteen hundred\nninety, nineteen hundred ninety-one, nineteen hundred ninety-two,\nnineteen hundred ninety-three, nineteen hundred ninety-four, nineteen\nhundred ninety-five and nineteen hundred ninety-six, and, in addition to\nthe tax imposed under section one hundred eighty-six-e of this article,\nthere is hereby imposed, for years ending on December thirty-first,\nnineteen hundred ninety-five and nineteen hundred ninety-six, a tax\nsurcharge at the rate of fifteen percent in the case of years ending on\nDecember thirty-first, nineteen hundred ninety, nineteen hundred\nninety-one, nineteen hundred ninety-two and nineteen hundred\nninety-three, and until such rate is superseded; at the rate of ten\npercent in the case of years ending on December thirty-first, nineteen\nhundred ninety-four, and until such rate is superseded; at the rate of\nfive percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-five, and until such rate is superseded; and at\nthe rate of zero percent in the case of years ending on December\nthirty-first, nineteen hundred ninety-six, of the tax imposed under\nsections one hundred eighty-three, one hundred eighty-four, one hundred\neighty-six, one hundred eighty-six-a and one hundred eighty-six-e of\nthis article, after deduction of any credits against tax otherwise\nallowable under this article. However, the tax surcharge imposed by this\nsection shall not be imposed upon any taxpayer for more than eighty-four\nmonths (or twenty-four months, in the case of the tax imposed under\nsection one hundred eighty-six-e).  The credits against tax otherwise\nallowable under this article shall not be allowed against the tax\nsurcharge imposed by this section. Provided that, with respect to the\nyear ending on December thirty-first, nineteen hundred ninety-one, the\nforegoing tax surcharge imposed under this section with respect to such\nsection one hundred eighty-six-a of this article shall be computed based\nupon the tax liability under such section for such period undiminished\nby the application of any utility credit under article thirteen-A of\nthis chapter. Provided, further, that in addition to the aforesaid tax\nsurcharge imposed with respect to such section one hundred eighty-six-a\nof this article for the year ending on December thirty-one, nineteen\nhundred ninety-one, for such year there is also hereby imposed an amount\nin addition to such surcharge; such additional amount shall be equal to\nfifteen percent of the total amount of the utility credit under article\nthirteen-A of this chapter which was applied against tax liability under\nsuch section one hundred eighty-six-a of this article for the tax year\nending December thirty-first, nineteen hundred ninety.\n  1-a. Insofar as subdivision one of this section establishes a rate of\nfifteen percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-three and until such rate is superseded, a rate\nof ten percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-four and until such rate is superseded, a rate\nof five percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-five and until such rate is superseded, and a\nrate of zero percent in the case of years ending on December\nthirty-first, nineteen hundred ninety-six, the transition from such rate\nof fifteen percent to such rate of ten percent, from such rate of ten\npercent to such rate of five percent, and from such rate of five percent\nto such rate of zero percent, shall be deemed to occur, respectively, on\nthe first day of the seventh month of each of such years ending on\nDecember thirty-first, nineteen hundred ninety-four, nineteen hundred\nninety-five and nineteen hundred ninety-six, with the result that for\npurposes of implementation of such changes in rates, and notwithstanding\nsuch subdivision one, there is hereby imposed with respect to all years\nending on December thirty-first, nineteen hundred ninety-four, including\nyears of fewer than twelve months, a tax surcharge at the rate of twelve\nand one-half percent; there is hereby imposed with respect to all years\nending on December thirty-first, nineteen hundred ninety-five, including\nyears of fewer than twelve months, a tax surcharge at the rate of seven\nand one-half percent; and there is hereby imposed with respect to all\nyears ending on December thirty-first, nineteen hundred ninety-six,\nincluding years of fewer than twelve months, a tax surcharge at the rate\nof two and one-half percent.\n  2. The provisions concerning reports under sections one hundred\neighty-six-a, one hundred eighty-six-e and one hundred ninety-two of\nthis article shall be applicable to this section, except that the report\ncovering the tax surcharge computed on the tax imposed under section one\nhundred eighty-three of this article shall be filed on or before the\ndate one year after the date on which the report of such tax is required\nto be filed.  An extension pursuant to section one hundred ninety-three\nshall be allowed, for taxable years to which the tax surcharge imposed\nby this section applies, only if a taxpayer files with the commissioner\nan application for extension in such form as said commissioner may\nprescribe, and pays on or before the date of such filing in addition to\nany other amounts required under this article, either ninety percent of\nthe tax surcharge required to be paid under this section for the\napplicable period or not less than the tax surcharge shown on the\ntaxpayer's report for the preceding period, if such preceding period\nconsisted of twelve months, or in the case of the tax surcharge for the\nyear ending December thirty-first, nineteen hundred ninety, fifteen\npercent of the tax after the deduction of credits, shown on the\ntaxpayer's report for the year ending December thirty-first, nineteen\nhundred eighty-nine if such year consisted of twelve months. The tax\nsurcharge imposed by this section shall be payable to the commissioner\nin full at the time the report is required to be filed.\n  3. Except as otherwise provided in this section, all of the provisions\nof this article, except for sections one hundred eighty-three-a, one\nhundred eighty-four-a, one hundred eighty-six-b, one hundred\neighty-six-c and two hundred five, shall apply to the tax surcharge\nimposed by this section with such modifications as may be necessary to\nadapt such language to the tax surcharge imposed by this section. Such\nprovisions shall apply with the same force and effect as if those\nprovisions had been set forth in full in this section except to the\nextent that any provision is either inconsistent with a provision of\nthis section or not relevant to the tax surcharge imposed by this\nsection, and to that end a reference in this article to the tax imposed\nby section one hundred eighty-three, one hundred eighty-four, one\nhundred eighty-six, one hundred eighty-six-a or one hundred eighty-six-e\nof this article shall be read as a reference to the tax surcharge\nimposed by this section, and to the sum of such tax and such tax\nsurcharge in the case of sections one hundred ninety-seven-a and one\nhundred ninety-seven-b of this article and such other provisions\nrequiring such reading in order to effectuate the purposes of this\nprovision, unless a different meaning is clearly required.\n  4. The amount of tax surcharge imposed pursuant to this section shall\nnot be included in any calculation of a tax surcharge imposed pursuant\nto section one hundred eighty-three-a, one hundred eighty-four-a, one\nhundred eighty-six-b or one hundred eighty-six-c of this article.\n