2023 New York Laws › TAX - Tax › Article 28 - Sales and Compensating Use Taxes › Part 4 - Administrative Provisions › 1137-A - Returns of Estimated Tax and Payments.

§  1137-A.  Returns of estimated tax and payments. (a) Notwithstanding
any  other  provision  of  this  article,  every  person  whose  taxable
receipts,  amusement  charges  and  rents totaled three hundred thousand
dollars or more in  the  quarterly  period  ending  November  thirtieth,
nineteen  hundred  seventy-five,  shall  file,  with  or  as part of the
quarterly return and  payment  due  March  twentieth,  nineteen  hundred
seventy-six, a return setting forth the total sales and compensating use
taxes  estimated  to  be  payable by such person for the month of March,
nineteen hundred seventy-six calculated for such month in the manner set
forth in subdivisions (a) and (b) of section eleven hundred thirty-seven
and pay to the tax commission the  tax  so  calculated.  Any  adjustment
necessary to properly report and pay the tax for March, nineteen hundred
seventy-six  shall  be  reported on and paid with the monthly return due
April twentieth, nineteen hundred seventy-six.  The penalty provided for
in subdivision (a) of section eleven hundred forty-five shall apply  for
purposes of the return and payment of estimated tax required to be filed
and  paid  under  this  subdivision.  Provided,  however,  no penalty or
interest shall be payable with respect to such  return  and  payment  of
estimated  tax  if such return is timely filed, accompanied by a payment
of not less than ninety percent of the tax as finally determined  to  be
due  and  payable  for  March,  nineteen  hundred seventy-six. Provided,
further, that interest at the rate authorized under subdivision nine  of
section  eleven  hundred  forty-two, shall be payable upon the amount of
any underpayment of the tax due with such return, but not  beyond  April
twentieth, nineteen hundred seventy-six.
(b)   For   the   period  commencing  March  first,  nineteen  hundred
seventy-seven  and  ending  February  twenty-eighth,  nineteen   hundred
eighty-three, every person required to file a monthly return pursuant to
subdivision  (a) of section eleven hundred thirty-six, shall file, on or
before each twentieth day of March, with  or  as  part  of  the  monthly
return  and  payment  otherwise  due  in  such  month,  either:
(i) a
long-form, part-quarterly return  setting  forth  the  total  sales  and
compensating  use  taxes estimated to be payable by such person for such
month of March calculated for such month in  the  manner  set  forth  in
subdivisions  (a)  and  (b)  of section eleven hundred thirty-seven; or,
(ii) in the event such person is otherwise eligible  and  so  elects,  a
short-form,  part-quarterly  return,  and in either case, pay to the tax
commission the tax calculated thereunder. Any  adjustment  necessary  to
properly  report and pay the tax for March shall be reported on and paid
with the monthly return due in April.
(c)  For  the  period  commencing  March   first,   nineteen   hundred
eighty-three   and   ending   February  twenty-eight,  nineteen  hundred
ninety-one, every person required to file a monthly return  pursuant  to
subdivision  (a)  of  section eleven hundred thirty-six of this article,
shall file, on or before each twentieth day of March, with or as part of
the monthly return and payment otherwise due  in  such  month,  a  March
estimated  return  setting forth, either: (i) the sales and compensating
use taxes estimated to be payable by such person for such month of March
calculated for such month in the manner set forth in  paragraph  two  of
subdivision  (c) of section eleven hundred thirty-seven; or, (ii) in the
event such person has had at least four successive quarterly tax periods
immediately preceding the March for which the return is to be filed  and
so  elects, one-third of the sales and compensating use taxes payable by
such person to the  commissioner  for  the  comparable  quarter  of  the
immediately preceding year calculated for such comparable quarter in the
manner  set  forth in paragraph one of subdivision (c) of section eleven
hundred thirty-seven. In either case,  such  person  shall  pay  to  the
commissioner the tax so calculated. Any adjustment necessary to properly

report  and pay the tax for March shall be reported on and paid with the
monthly return due in April.
(d) Except as otherwise provided in this article and to the extent not
inconsistent  with  this  section, all of the provisions of this article
shall apply for purposes of the  estimated  tax  provided  for  in  this
section.