2023 New York Laws › TAX - Tax › Article 13 - Tax on Unrelated Business Income › 290-A - Tax Surcharge.

§  290-A.  Tax  surcharge.  1.  In  addition  to the tax imposed under
  section two hundred ninety of this article, there is hereby imposed, for
  taxable years ending after June thirtieth, nineteen hundred  ninety  and
  before July first, nineteen hundred ninety-seven, a tax surcharge at the
  rate  of  fifteen percent in the case of taxable years ending after June
  thirtieth, nineteen hundred  ninety  and  before  July  first,  nineteen
  hundred  ninety-four,  and until such rate is superseded; at the rate of
  ten percent in the case of taxable years ending  after  June  thirtieth,
  nineteen  hundred  ninety-four  and  before July first, nineteen hundred
  ninety-five, and until such rate is superseded;  at  the  rate  of  five
  percent  in  the  case  of  taxable  years  ending after June thirtieth,
  nineteen hundred ninety-five and before  July  first,  nineteen  hundred
  ninety-six,  and  until such rate is superseded; and at the rate of zero
  percent in the case  of  taxable  years  ending  after  June  thirtieth,
  nineteen  hundred  ninety-six  and  before  July first, nineteen hundred
  ninety-seven, of the tax imposed under section  two  hundred  ninety  of
  this  article. However, the tax surcharge imposed by this section at the
  rate of fifteen percent shall not be imposed upon any taxpayer for  more
  than  forty-eight  months, and the tax surcharge imposed by this section
  at the rates of ten percent, five percent and zero  percent  shall  not,
  respectively,  be imposed upon any taxpayer for more than twelve months,
  and the commissioner shall prescribe by  regulation  or  instructions  a
  method of proration designed to effectuate such result.
1-a.  Insofar as subdivision one of this section establishes a rate of
  fifteen  percent  in  the  case  of  taxable  years  ending  after  June
  thirtieth,  nineteen  hundred  ninety  and  before  July first, nineteen
  hundred ninety-four and until such rate is superseded,  a  rate  of  ten
  percent  in  the  case  of  taxable  years  ending after June thirtieth,
  nineteen hundred ninety-four and before  July  first,  nineteen  hundred
  ninety-five and until such rate is superseded, a rate of five percent in
  the  case of taxable years ending after June thirtieth, nineteen hundred
  ninety-five and before July first, nineteen hundred ninety-six and until
  such rate is superseded, and a rate of  zero  percent  in  the  case  of
  taxable  years  ending after June thirtieth, nineteen hundred ninety-six
  and before July first, nineteen  hundred  ninety-seven,  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
  taxable years, 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 taxable years  ending  after  June
  thirtieth,  nineteen hundred ninety-four and before July first, nineteen
  hundred ninety-five,  including  taxable  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 taxable years  ending  after
  June  thirtieth,  nineteen  hundred  ninety-five  and before July first,
  nineteen hundred ninety-six,  including  taxable  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  taxable  years
  ending after June thirtieth, nineteen hundred ninety-six and before July
  first,  nineteen  hundred ninety-seven, including taxable years of fewer
  than twelve months, a tax surcharge at the  rate  of  two  and  one-half
  percent.  In  addition,  for  purposes  of  implementation  of  all  the
  provisions of this section references to ten percent shall  be  read  as
  references  to  twelve  and one-half percent, references to five percent
  shall be read as references to seven and one-half percent and references
  to zero percent shall be read as references to two and one-half percent.
2.  The  provisions  concerning  returns  under  section  two  hundred
  ninety-four  of this article shall be applicable to this section, except
  that for purposes of an automatic extension for six months for filing  a
  return  covering  the  taxes  imposed  by  this  article, such automatic
  extension 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   the
  commissioner  may  prescribe,  and  pays  on  or before the date of such
  filing, in addition to any other amounts required  under  this  article,
  fifteen  percent  in  the  case  of  taxable  years  ending  after  June
  thirtieth, nineteen hundred  ninety  and  before  July  first,  nineteen
  hundred  ninety-four,  ten  percent  in the case of taxable years ending
  after June thirtieth,  nineteen  hundred  ninety-four  and  before  July
  first, nineteen hundred ninety-five, five percent in the case of taxable
  years  ending  after  June  thirtieth,  nineteen hundred ninety-five and
  before July first, nineteen hundred ninety-six, and zero percent in  the
  case  of  taxable  years  ending  after June thirtieth, nineteen hundred
  ninety-six and before July first, nineteen hundred ninety-seven, of  the
  amount properly estimated as provided in section two hundred ninety-four
  of  this  article as its tax payable under section two hundred ninety of
  this article. The tax surcharge imposed by this section shall be payable
  to the commissioner in full at the time the return  is  required  to  be
  filed.
3. Except as otherwise provided in this section, all of the provisions
  of this article 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 surcharge  imposed  by  section  two  hundred
  ninety 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 those provisions requiring such reading in order  to  effectuate  the
  purposes  of  this  provision,  unless  a  different  meaning is clearly
  required.