NY Tax L § 183-A (2021)
2021 New York Laws TAX - Tax Article 9 - Corporation Tax 183-A - Metropolitan Transportation Business Tax Surcharge on Transportation and Transmission Corporations and Associations.

§   183-a.  Metropolitan  transportation  business  tax  surcharge  on   transportation and transmission corporations and associations.1. The term "corporation" as used in this  section  shall  include  an   association,  within the meaning of paragraph three of subsection (a) of   section  seventy-seven  hundred  one  of  the  internal   revenue   code   (including  a  limited liability company), a publicly traded partnership   treated as a corporation for  purposes  of  the  internal  revenue  code   pursuant  to section seventy-seven hundred four thereof and any business   conducted by a trustee or trustees  wherein  interest  or  ownership  is   evidenced   by   certificates   or   other  written  instruments.  Every   corporation,  joint-stock  company  or   association   formed   for   or   principally  engaged in the conduct of canal, steamboat, ferry (except a   ferry company operating between any of the boroughs of the city  of  New   York under a lease granted by the city), express, navigation, pipe line,   transfer,  baggage  express,  omnibus,  taxicab, telegraph, or telephone   business, or formed for or principally engaged in the conduct of two  or   more  such  businesses,  and  every  corporation, joint-stock company or   association formed for or  principally  engaged  in  the  conduct  of  a   railroad, palace car, sleeping car or trucking business or formed for or   principally engaged in the conduct of two or more of such businesses and   which  has  made  an election pursuant to subdivision ten of section one   hundred eighty-three of  this  article,  and  every  other  corporation,   joint-stock company or association principally engaged in the conduct of   a   transportation  or  transmission  business,  except  a  corporation,   joint-stock company or association formed for or principally engaged  in   the conduct of a railroad, palace car, sleeping car or trucking business   or  formed  for  or principally engaged in the conduct of two or more of   such businesses and which has not made  the  election  provided  for  in   subdivision ten of section one hundred eighty-three of this article, and   except  a  corporation,  joint-stock  company or association principally   engaged in the conduct of aviation  (including  air  freight  forwarders   acting  as  principal  and  like  indirect  air  carriers)  and except a   corporation principally engaged in providing telecommunication  services   between  aircraft  and  dispatcher,  aircraft and air traffic control or   ground station and ground station (or any combination of the foregoing),   at least ninety percent of the voting  stock  of  which  corporation  is   owned,  directly  or indirectly, by air carriers and which corporation's   principal function is to fulfill the requirements  of  (i)  the  federal   aviation   administration   (or  the  successor  thereto)  or  (ii)  the   international civil aviation organization (or  the  successor  thereto),   relating to the existence of a communication system between aircraft and   dispatcher,  aircraft  and  air  traffic  control  or ground station and   ground station (or any combination of the foregoing) for the purposes of   air safety and navigation, shall pay for the privilege of exercising its   corporate franchise, or of doing business, or of employing  capital,  or   of   owning   or   leasing   property   in   the  metropolitan  commuter   transportation district in such corporate or organized capacity,  or  of   maintaining  an  office  in  such  district,  a tax surcharge, which tax   surcharge, in addition  to  the  tax  imposed  by  section  one  hundred   eighty-three of this article, shall be computed at the rate of seventeen   percent of the tax imposed under such section for such years or any part   of  such  years  after  the deduction of any credits otherwise allowable   under this article; provided, however, that such rates of tax  surcharge   shall  be  applied only to that portion of the tax imposed under section   one hundred eighty-three of this article  after  the  deduction  of  any   credits  otherwise allowable under this article which is attributable to   the taxpayer's business activity  carried  on  within  the  metropolitan    commuter   transportation  district  as  so  determined  in  the  manner   prescribed by the rules and regulations promulgated by the commissioner.2.  The  owning or holding in the metropolitan commuter transportation   district by a corporation, or by a trustee or  trustees  included  under   this  section within the meaning of the term corporation as hereinbefore   defined, of property shall constitute doing business in the metropolitan   commuter transportation district within the  meaning  of  this  section;   provided,  however,  that  the  owning  or holding in such district by a   railroad, palace car or sleeping car corporation, business,  navigation,   canal,  ferry,  (except  a  ferry  company  operating between any of the   boroughs of the city of New York under a lease granted by the city),  or   steamboat  or any other corporation formed for or principally engaged in   the operation of vessels included under this section within the  meaning   of  the  term  corporation  as  hereinbefore  defined,  of property used   exclusively in interstate or foreign commerce shall not constitute doing   business in such district within the intent of this section. However,  a   corporation  or such trustee or trustees shall not be deemed to be doing   business, employing capital, owning or leasing property, or  maintaining   an  office in the metropolitan commuter transportation district, for the   purposes of this section, by reason  of  (a)  the  maintenance  of  cash   balances  with  banks  or  trust  companies in the metropolitan commuter   transportation district, or (b) the ownership  of  shares  of  stock  or   securities kept in the metropolitan commuter transportation district, if   kept  in  a safe deposit box, safe, vault or other receptacle rented for   the purpose, or if pledged as collateral security, or if deposited  with   one  or  more  banks or trust companies, or brokers who are members of a   recognized security exchange, in safekeeping or custody accounts, or (c)   the taking of any action by any such bank or trust  company  or  broker,   which is incidental to the rendering of safekeeping or custodian service   to  such  corporation,  or  (d)  the  maintenance  of  an office in such   district by one or more officers or directors of the corporation who are   not employees of the corporation if the  corporation  otherwise  is  not   doing  business  in such district, and does not employ capital or own or   lease property in such district, or (e) the keeping of books or  records   of  a corporation in such district if such books or records are not kept   by employees of such corporation and such corporation does not otherwise   do business, employ capital, own or lease property or maintain an office   in such district, or (f) any combination of  the  foregoing  activities.   Provided,   further,  that  a  railroad,  palace  car  or  sleeping  car   corporation, navigation, canal, ferry (except a ferry company  operating   between  any  of  the  boroughs  of  the  city of New York under a lease   granted by the city), steamboat, or any other corporation formed for  or   principally  engaged  in the operation of vessels whose only activity in   the metropolitan commuter transportation district is (i) the maintenance   of an office in such district and for the employing of capital  in  such   district  and  (ii)  the  use  of  property exclusively in interstate or   foreign commerce, shall not be subject to the tax surcharge  imposed  by   this section.3.  The  term metropolitan commuter transportation district as used in   this section  shall  be  defined  pursuant  to  section  twelve  hundred   sixty-two of the public authorities law.4.  Notwithstanding any contrary provisions of state or local law, the   tax surcharge imposed under this section  shall  not  be  allowed  as  a   deduction  in  the  computation  of any state or local tax imposed under   this chapter or any chapter  or  local  law.  Furthermore,  the  credits   otherwise  allowable under this article shall not be allowed against the   tax surcharge imposed by this section. 5. The report covering the tax  surcharge  which  must  be  calculated   pursuant to this section based upon the tax reportable on the report due   by March fifteenth of any year under section one hundred eighty-three of   this  article,  for  taxable  years  beginning before January first, two   thousand seventeen, and on the report due by April fifteenth of any year   under  section  one  hundred  eighty-three  of this article, for taxable   years beginning on or after January first, two thousand seventeen, shall   be filed on or before March fifteenth of the year next  succeeding  such   year,  for  taxable  years  beginning before January first, two thousand   seventeen, and on or before April fifteenth of the year next  succeeding   such  year,  for  taxable years beginning on or after January first, two   thousand  seventeen.  An  extension  pursuant  to  section  one  hundred   ninety-three  of  this article shall be allowed only if a taxpayer files   with the commissioner an application for extension in such form as  said   commissioner  may prescribe by regulation and pays on or before the date   of such filing in addition to any  other  amounts  required  under  this   article,  either  ninety percent of the entire tax surcharge required to   be paid under this section for the applicable period, or not  less  than   the tax surcharge shown on the taxpayer's report for the preceding year,   if  such  preceding  year  consisted of twelve months. The tax surcharge   imposed by this section shall be payable to the commissioner in full  at   the  time  the report is required to be filed, and such tax surcharge or   the balance thereof, imposed on any taxpayer which  ceases  to  exercise   its franchise or be subject to the tax surcharge imposed by this section   shall  be payable to the commissioner at the time the report is required   to be filed, provided such tax surcharge of a domestic corporation which   continues to possess its franchise shall be subject to adjustment as the   circumstances  may  require;  all  other  tax  surcharges  of  any  such   taxpayer,  which  pursuant  to  the foregoing provisions of this section   would otherwise be  payable  subsequent  to  the  time  such  report  is   required to be filed, shall nevertheless be payable at such time. All of   the  provisions  of  this  article  presently  applicable to section one   hundred eighty-three of this article are applicable to the tax surcharge   imposed by this section except for section  one  hundred  ninety-two  of   this article.