2023 New York Laws › GCT - General City › Article 2-D - City Personal Income Tax on Residents › 25-A-54 - Employer's Return and Payment of Withheld Taxes.

§ 54. Employer's return and payment of withheld taxes.--(a) General.--
Every  employer required to deduct and withhold tax under this local law
shall, for each calendar month, on or before the fifteenth  day  of  the
month  following  the  close  of such calendar month, file a withholding
return  as  prescribed  by  the  administrator  and  pay  over  to   the
administrator  or  to  a depositary designated by the administrator, the
taxes so required to be deducted and withheld, except that for the month
of December in any year, the return shall be filed and the taxes paid on
or before  January  thirty-first  of  the  succeeding  year.  Where  the
aggregate  amount  required  to be deducted and withheld by any employer
under this local law and under any local law imposing a tax on  earnings
of  nonresidents  of  the city adopted by the city pursuant to authority
granted by the general city law is less than twenty-five  dollars  in  a
calendar  month  and  the  aggregate  of  such taxes for the semi-annual
period ending on June thirtieth and December thirty-first can reasonably
be expected to be less than one hundred fifty dollars, the administrator
may, by regulation, permit an employer to file a  return  on  or  before
July  thirty-first  for  the semi-annual period ending on June thirtieth
and on or before January thirty-first for the semi-annual period  ending
on  December  thirty-first.  The  administrator may, if he believes such
action necessary  for  the  protection  of  the  revenues,  require  any
employer  to  make a return and pay to him the tax deducted and withheld
at any time, or from time to time. Where the amount of wages paid by  an
employer  is not sufficient under this local law and under any local law
imposing a tax on earnings of nonresidents of the city  adopted  by  the
city  pursuant  to  authority granted by the general city law to require
the withholding of tax from the wages  of  any  of  his  employees,  the
administrator may, by regulation, permit such employer to file an annual
return  on  or  before  February twenty-eighth of the following calendar
year.
(b) Combined returns. The administrator may by regulation provide  for
the  filing  of one return which shall include the return required to be
filed under this section, together with the employer's  return  required
to  be  filed  under  any  local  law  imposing  a  tax  on  earnings of
nonresidents of the city adopted  by  the  city  pursuant  to  authority
granted by the general city law.
(c) Deposit in trust for city. Whenever any employer fails to collect,
truthfully  account for, pay over the tax, or make returns of the tax as
required in this section, the administrator may serve a notice requiring
such employer to  collect  the  taxes  which  become  collectible  after
service  of such notice, to deposit such taxes in a bank approved by the
administrator, in a separate account, in trust for the city and  payable
to the administrator, and to keep the amount of such tax in such account
until  payment  over  to  the administrator. Such notice shall remain in
effect until a notice of cancellation is served by the administrator.