NY Tax L § 213-A (2021)
2021 New York Laws TAX - Tax Article 9-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.