2023 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.