2023 New York Laws › TAX - Tax › Article 9 - Corporation Tax › 188 - Tax Surcharge.

§  188.  Tax  surcharge.  1.  In  addition  to the taxes imposed under
  sections one hundred eighty-three, one hundred eighty-four, one  hundred
  eighty-six and one hundred eighty-six-a of this article, there is hereby
  imposed,  for  years  ending  on December thirty-first, nineteen hundred
  ninety,  nineteen  hundred  ninety-one,  nineteen  hundred   ninety-two,
  nineteen  hundred  ninety-three,  nineteen hundred ninety-four, nineteen
  hundred ninety-five and nineteen hundred ninety-six, and, in addition to
  the tax imposed under section one hundred eighty-six-e of this  article,
  there  is  hereby  imposed,  for  years ending on December thirty-first,
  nineteen hundred ninety-five and  nineteen  hundred  ninety-six,  a  tax
  surcharge  at the rate of fifteen percent in the case of years ending on
  December  thirty-first,  nineteen  hundred  ninety,   nineteen   hundred
  ninety-one,   nineteen   hundred   ninety-two   and   nineteen   hundred
  ninety-three, and until such rate is superseded;  at  the  rate  of  ten
  percent  in  the case of years ending on December thirty-first, nineteen
  hundred ninety-four, and until such rate is superseded; at the  rate  of
  five  percent  in  the  case  of  years ending on December thirty-first,
  nineteen hundred ninety-five, and until such rate is superseded; and  at
  the  rate  of  zero  percent  in  the  case  of years ending on December
  thirty-first, nineteen hundred ninety-six,  of  the  tax  imposed  under
  sections  one hundred eighty-three, one hundred eighty-four, one hundred
  eighty-six, one hundred eighty-six-a and  one  hundred  eighty-six-e  of
  this  article,  after  deduction  of  any  credits against tax otherwise
  allowable under this article. However, the tax surcharge imposed by this
  section shall not be imposed upon any taxpayer for more than eighty-four
  months (or twenty-four months, in the case  of  the  tax  imposed  under
  section  one  hundred eighty-six-e).   The credits against tax otherwise
  allowable under this article  shall  not  be  allowed  against  the  tax
  surcharge  imposed  by  this section. Provided that, with respect to the
  year ending on December thirty-first, nineteen hundred  ninety-one,  the
  foregoing  tax surcharge imposed under this section with respect to such
  section one hundred eighty-six-a of this article shall be computed based
  upon the tax liability under such section for such  period  undiminished
  by  the  application  of  any utility credit under article thirteen-A of
  this chapter. Provided, further, that in addition to the  aforesaid  tax
  surcharge  imposed with respect to such section one hundred eighty-six-a
  of this article for the year ending  on  December  thirty-one,  nineteen
  hundred ninety-one, for such year there is also hereby imposed an amount
  in  addition to such surcharge; such additional amount shall be equal to
  fifteen percent of the total amount of the utility credit under  article
  thirteen-A of this chapter which was applied against tax liability under
  such  section  one hundred eighty-six-a of this article for the tax year
  ending December thirty-first, nineteen hundred ninety.
1-a. Insofar as subdivision one of this section establishes a rate  of
  fifteen  percent  in  the case of years ending on December thirty-first,
  nineteen hundred ninety-three and until such rate is superseded, a  rate
  of  ten  percent  in  the case of years ending on December thirty-first,
  nineteen hundred ninety-four and until such rate is superseded,  a  rate
  of  five  percent  in the case of years ending on December thirty-first,
  nineteen hundred ninety-five and until such rate is  superseded,  and  a
  rate   of  zero  percent  in  the  case  of  years  ending  on  December
  thirty-first, nineteen hundred ninety-six, 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 years ending on
  December thirty-first, nineteen hundred  ninety-four,  nineteen  hundred
  ninety-five  and  nineteen  hundred ninety-six, 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  years
  ending on December thirty-first, nineteen hundred ninety-four, including
  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 years
  ending on December thirty-first, nineteen hundred ninety-five, including
  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
  years ending on  December  thirty-first,  nineteen  hundred  ninety-six,
  including years of fewer than twelve months, a tax surcharge at the rate
  of two and one-half percent.
2.  The  provisions  concerning  reports  under  sections  one hundred
  eighty-six-a, one hundred eighty-six-e and  one  hundred  ninety-two  of
  this article shall be applicable to this section, except that the report
  covering the tax surcharge computed on the tax imposed under section one
  hundred  eighty-three  of  this  article shall be filed on or before the
  date one year after the date on which the report of such tax is required
  to be filed.  An extension pursuant to section one hundred  ninety-three
  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 said commissioner may
  prescribe, 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 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 period,  if  such  preceding  period
  consisted  of twelve months, or in the case of the tax surcharge for the
  year ending December  thirty-first,  nineteen  hundred  ninety,  fifteen
  percent  of  the  tax  after  the  deduction  of  credits,  shown on the
  taxpayer's report for the year ending  December  thirty-first,  nineteen
  hundred  eighty-nine  if  such  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.
3. Except as otherwise provided in this section, all of the provisions
  of  this  article,  except  for sections one hundred eighty-three-a, one
  hundred   eighty-four-a,   one   hundred   eighty-six-b,   one   hundred
  eighty-six-c  and  two  hundred  five,  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  imposed
  by  section  one  hundred  eighty-three,  one  hundred  eighty-four, one
  hundred eighty-six, one hundred eighty-six-a or one hundred eighty-six-e
  of this article 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 sections one  hundred  ninety-seven-a  and  one
  hundred  ninety-seven-b  of  this  article  and  such  other  provisions
  requiring such reading in order  to  effectuate  the  purposes  of  this
  provision, unless a different meaning is clearly required.
4.  The amount of tax surcharge imposed pursuant to this section shall
  not be included in any calculation of a tax surcharge  imposed  pursuant
  to  section  one  hundred eighty-three-a, one hundred eighty-four-a, one
  hundred eighty-six-b or one hundred eighty-six-c of this article.