NY Tax L § 290-A (2021)
2021 New York Laws TAX - Tax Article 13 - Tax on Unrelated Business Income 290-A - Tax Surcharge.

§  290-A.  Tax  surcharge.  1.  In  addition  to the tax imposed under   section two hundred ninety of this article, there is hereby imposed, for   taxable years ending after June thirtieth, nineteen hundred  ninety  and   before July first, nineteen hundred ninety-seven, a tax surcharge at the   rate  of  fifteen percent in the case of taxable years ending after June   thirtieth, nineteen hundred  ninety  and  before  July  first,  nineteen   hundred  ninety-four,  and until such rate is superseded; at the rate of   ten percent in the case of taxable years ending  after  June  thirtieth,   nineteen  hundred  ninety-four  and  before July first, nineteen hundred   ninety-five, and until such rate is superseded;  at  the  rate  of  five   percent  in  the  case  of  taxable  years  ending after June thirtieth,   nineteen hundred ninety-five and before  July  first,  nineteen  hundred   ninety-six,  and  until such rate is superseded; and at the rate of zero   percent in the case  of  taxable  years  ending  after  June  thirtieth,   nineteen  hundred  ninety-six  and  before  July first, nineteen hundred   ninety-seven, of the tax imposed under section  two  hundred  ninety  of   this  article. However, the tax surcharge imposed by this section at the   rate of fifteen percent shall not be imposed upon any taxpayer for  more   than  forty-eight  months, and the tax surcharge imposed by this section   at the rates of ten percent, five percent and zero  percent  shall  not,   respectively,  be imposed upon any taxpayer for more than twelve months,   and the commissioner shall prescribe by  regulation  or  instructions  a   method of proration designed to effectuate such result.1-a.  Insofar as subdivision one of this section establishes a rate of   fifteen  percent  in  the  case  of  taxable  years  ending  after  June   thirtieth,  nineteen  hundred  ninety  and  before  July first, nineteen   hundred ninety-four and until such rate is superseded,  a  rate  of  ten   percent  in  the  case  of  taxable  years  ending after June thirtieth,   nineteen hundred ninety-four and before  July  first,  nineteen  hundred   ninety-five and until such rate is superseded, a rate of five percent in   the  case of taxable years ending after June thirtieth, nineteen hundred   ninety-five and before July first, nineteen hundred ninety-six and until   such rate is superseded, and a rate of  zero  percent  in  the  case  of   taxable  years  ending after June thirtieth, nineteen hundred ninety-six   and before July first, nineteen  hundred  ninety-seven,  the  transition   from such rate of fifteen percent to such rate of ten percent, from such   rate  of ten percent to such rate of five percent, and from such rate of   five percent to such rate of zero percent, shall  be  deemed  to  occur,   respectively,  on  the  first  day  of the seventh month of each of such   taxable years, with the result that for purposes  of  implementation  of   such  changes  in rates, and notwithstanding such subdivision one, there   is hereby imposed with respect to all taxable years  ending  after  June   thirtieth,  nineteen hundred ninety-four and before July first, nineteen   hundred ninety-five,  including  taxable  years  of  fewer  than  twelve   months,  a  tax  surcharge  at  the rate of twelve and one-half percent;   there is hereby imposed with respect to all taxable years  ending  after   June  thirtieth,  nineteen  hundred  ninety-five  and before July first,   nineteen hundred ninety-six,  including  taxable  years  of  fewer  than   twelve  months,  a  tax  surcharge  at  the  rate  of seven and one-half   percent; and there is hereby imposed with respect to all  taxable  years   ending after June thirtieth, nineteen hundred ninety-six and before July   first,  nineteen  hundred ninety-seven, including taxable years of fewer   than twelve months, a tax surcharge at the  rate  of  two  and  one-half   percent.  In  addition,  for  purposes  of  implementation  of  all  the   provisions of this section references to ten percent shall  be  read  as   references  to  twelve  and one-half percent, references to five percent   shall be read as references to seven and one-half percent and references   to zero percent shall be read as references to two and one-half percent. 2.  The  provisions  concerning  returns  under  section  two  hundred   ninety-four  of this article shall be applicable to this section, except   that for purposes of an automatic extension for six months for filing  a   return  covering  the  taxes  imposed  by  this  article, such automatic   extension shall be allowed, for taxable years to which the tax surcharge   imposed  by  this  section  applies,  only  if a taxpayer files with the   commissioner  an  application  for  extension  in  such  form   as   the   commissioner  may  prescribe,  and  pays  on  or before the date of such   filing, in addition to any other amounts required  under  this  article,   fifteen  percent  in  the  case  of  taxable  years  ending  after  June   thirtieth, nineteen hundred  ninety  and  before  July  first,  nineteen   hundred  ninety-four,  ten  percent  in the case of taxable years ending   after June thirtieth,  nineteen  hundred  ninety-four  and  before  July   first, nineteen hundred ninety-five, five percent in the case of taxable   years  ending  after  June  thirtieth,  nineteen hundred ninety-five and   before July first, nineteen hundred ninety-six, and zero percent in  the   case  of  taxable  years  ending  after June thirtieth, nineteen hundred   ninety-six and before July first, nineteen hundred ninety-seven, of  the   amount properly estimated as provided in section two hundred ninety-four   of  this  article as its tax payable under section two hundred ninety of   this article. The tax surcharge imposed by this section shall be payable   to the commissioner in full at the time the return  is  required  to  be   filed.3. Except as otherwise provided in this section, all of the provisions   of this article shall apply to the tax surcharge imposed by this section   with  such  modifications  as may be necessary to adapt such language to   the tax surcharge imposed by this section. Such provisions  shall  apply   with the same force and effect as if those provisions had been set forth   in  full  in  this  section  except  to the extent that any provision is   either inconsistent with a provision of this section or not relevant  to   the  tax  surcharge imposed by this section, and to that end a reference   in this article to the tax surcharge  imposed  by  section  two  hundred   ninety shall be read as a reference to the tax surcharge imposed by this   section,  and  to the sum of such tax and such tax surcharge in the case   of those provisions requiring such reading in order  to  effectuate  the   purposes  of  this  provision,  unless  a  different  meaning is clearly   required.