2023 New York Laws › TAX - Tax › Article 24-B - City Pass-Through Entity Tax › 873 - Procedural and Administrative Provisions.

§  873.  Procedural  and  administrative  provisions. (a) General. All
provisions of article twenty-two of  this  chapter  will  apply  to  the
provisions  of  this  article in the same manner and with the same force
and effect as if the language of article twenty-two of this chapter  had
been  incorporated  in  full into this article and had been specifically
adjusted for and expressly referred to the tax imposed by this  article,
except  to  the  extent that any provision is either inconsistent with a
provision  of  this  article  or  is  not  relevant  to  this   article.
Notwithstanding  the  preceding sentence, no credit authorized to offset
the tax imposed pursuant  to  article  twenty-two  of  this  chapter  or
authorized  pursuant to section thirteen hundred ten of this chapter can
be used to offset the tax due pursuant to this article.
(b) Notwithstanding any other law to the  contrary,  the  commissioner
may  require  that  any form or return required pursuant to this article
must be filed electronically  and  any  payment  of  tax  must  be  paid
electronically.
(c)  Liability  for  tax. (1) An electing city partnership or electing
city resident S corporation shall be liable for the tax due pursuant  to
this article.
(2) Except as provided in paragraph three of this subsection, any city
taxpayer  eligible  to  claim a credit authorized pursuant to subsection
(g) of section  thirteen  hundred  ten  of  this  chapter  because  such
taxpayer  is  a  partner  or member in an electing city partnership or a
shareholder in an electing city resident S corporation, either  directly
or  through  a  disregarded  entity,  shall be severally liable for such
taxpayer's direct share of city pass-through entity tax  to  the  extent
the  tax  due  pursuant to this article is not paid by the electing city
partnership or electing city resident S corporation.
(3) Any taxpayer eligible to claim a  credit  authorized  pursuant  to
subsection  (g)  of  section  thirteen  hundred ten of this chapter or a
credit authorized pursuant to subsection (kkk) of  section  six  hundred
six  of  this chapter because such taxpayer is a partner or member in an
electing city partnership or a shareholder in an electing city  resident
S  corporation, either directly or through a disregarded entity, that is
a  general,  managing  or  controlling  partner  of  the  electing  city
partnership  or managing or controlling shareholder of the electing city
resident S corporation, or  owns  greater  than  fifty  percent  of  the
interests  or  profits of the electing city partnership or electing city
resident S corporation, or is under a duty to act for the electing  city
partnership  or  electing  city resident S corporation in complying with
the provisions of this article, or was  the  individual  that  made  the
election  on  behalf  of  the electing city partnership or electing city
resident S corporation authorized by section eight  hundred  sixty-eight
of  this  article,  shall  be  jointly  and severally liable for the tax
imposed pursuant to this article on such electing  city  partnership  or
electing city resident S corporation.
(d)   Deposit   and  disposition  of  revenue.  All  taxes,  interest,
penalties, and fees collected or received by the  commissioner  pursuant
to  this  article  shall  be deposited and disposed of in the manner set
forth by article thirty of this chapter for taxes  imposed  pursuant  to
such  article,  including  but not limited to provisions of such article
relating  to  payments  to  the  New  York  city  transitional   finance
authority.
(e) Secrecy provision. All the provisions of paragraphs one and two of
subsection  (e) of section six hundred ninety-seven of this chapter will
apply to the provisions of this article. Notwithstanding any  provisions
of   this  chapter  to  the  contrary,  the  commissioner  may  disclose
information and returns regarding the calculation and payment of the tax

imposed by this article and any credit calculated on taxes paid pursuant
to this article by an electing city  partnership  or  an  electing  city
resident  S  corporation  to  a  partner,  member or shareholder of such
entity  that is eligible for or claims to be eligible for a credit under
subsection (a) of section eight hundred seventy of this article.
(f) The comptroller shall  retain  in  the  comptroller's  hands  such
amount  as  the  commissioner  may  determine  necessary  for refunds in
respect to the taxes imposed pursuant to the authority of this  article,
out  of  which  the  comptroller  shall pay any refunds of such taxes to
which taxpayers shall be entitled under any law enacted pursuant to  the
authority of this article.