New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter I - Franchise and Certain Business Taxes › Subchapter A - Business Corporation Franchise Tax › Part 6 - REPORTS › Subpart 6-4 - TIME AND PLACE FOR FILING REPORTS › Section 6-4.3 - Extension of time for filing reports

Current through Register Vol. 46, No. 28, July 10, 2024
(Tax Law, section 211(1))
(a) An automatic six-month extension of time
					 for filing an annual report will be granted if an application for automatic
					 extension is filed and a properly estimated tax is paid on or before the due
					 date of the report for the taxable period for which the extension is requested.
					 Failure to meet any of the requirements in this section makes the application
					 invalid and any report filed after the due date will be treated as a late filed
					 report.
(b) An automatic six-month
					 extension of time for filing a combined report will be granted to a group of
					 corporations filing a combined report provided an application for automatic
					 extension is filed and properly estimated tax is paid on or before the due date
					 of the report for the taxable period for which the extension is requested.
					 Failure to meet any of the requirements in this section makes the application
					 invalid and any report filed after the due date will be treated as a late filed
					 report. To obtain an automatic extension, an application must be filed by the
					 designated agent for the combined group. However, each taxpayer member
					 corporation of a new combined group also must file a separate application to
					 extend the time to file for the first period for which the new combined group
					 actually files a combined report. In addition, each taxpayer member corporation
					 being newly added to an existing combined group must also file a separate
					 application to extend the time to file the report for the first period for
					 which they are actually included in the combined group's report. Corporations
					 included in the combined report that are not subject to tax are not required to
					 file a separate application to extend the time to file. Each applicant must
					 submit the following information:
(1) The name
					 of each corporation included in the combined group.
(2) The employer identification number of
					 each corporation in the combined group.
(3) For any appropriate corporation, the
					 beginning and ending dates of any taxable year of less than 12
					 months.
(4) The estimated fixed
					 dollar minimum tax for each member of the combined group that is taxable in New
					 York State.
(5) From the report
					 filed for the taxable year immediately preceding the taxable year for which the
					 extension is being requested, the sum of any overpayment requested to be
					 credited to the next period, plus any tax credits to be applied to the next
					 period.
(6) If a corporation made
					 any separate estimated tax installment payments for the taxable year for which
					 the extension is being requested, the total amount for that
					 corporation.
(7) If a payment was
					 made on an extension filed for the taxable year for which the extension is
					 being requested, the corporation that filed the form and the amount of payments
					 it made, if any.
(8) Any
					 prepayments made by the designated agent, as applicable. The designated agent
					 for the combined group must pay with its application the properly estimated
					 combined tax, including the tax measured by the fixed dollar minimum for each
					 of the other taxpayers included in the combined group.