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 6-4.1 - Time for filing reports

Current through Register Vol. 46, No. 28, July 10, 2024
(Tax Law, section 211(1))
(a) Reports must be filed at the times set
					 forth in this section.
(1) Every calendar-year
					 taxpayer, except a taxable DISC and a New York S corporation, must file its
					 annual report on or before the 15th day of April
					 following the close of its calendar year.
(2) Every fiscal-year taxpayer, except a
					 taxable DISC, must file its annual report on or before the 15th
					 day of the fourth month following the close of its fiscal
					 year.
(3) Every taxpayer, except a
					 taxable DISC, using a 52-53 week accounting period must file its report on or
					 before the 15th day of the fourth month following the date on which its fiscal
					 year is deemed to have ended. A 52-53 week accounting period that ends within
					 seven days from the last day of any calendar month will be deemed to have ended
					 on the last day of that month.
(4)
(i) Where a corporation that is not part of a
					 Federal consolidated group becomes part of such a group on a day other than the
					 first day of its Federal taxable year (determined without reference to its
					 membership in the group), such taxpayer is required to file a Federal short
					 period return for the period from the first day of its taxable year through the
					 end of the day on which it becomes such a member. (26 CFR
					 1.1502-76(b) Section
					 6-1.2
					 (b)(1) of this Part requires, in such an
					 instance, that the taxpayer file a short period report for purposes of article
					 9-A covering the period covered by the Federal short period return (to the
					 extent that it is subject to article 9-A during that period). Where the due
					 date for the Federal short period return is established pursuant to
					 26 CFR
					 1.1502-76(c)(1), or where
					 the Federal short period return is required pursuant to
					 26 CFR
					 1.1502-76(c)(2) to be filed
					 on or before the 15th day of the fourth month following the close of what would
					 have been the taxpayer's Federal taxable year, determined without regard to
					 such membership, then the due date for the article 9-A short period report
					 shall be the due date for the Federal short period return. This provision does
					 not apply in the case of Federal amended short period returns described in
					 26 CFR
					 1.1502-76(c)(2). The due
					 date for the article 9-A amended report, for the same short period covered by
					 such Federal amended return (to the extent that it is subject to article 9-A
					 during such period), is prescribed by section
					 6-1.4  of this Part.
(ii) Where a taxpayer ceases to be part of a
					 Federal consolidated group, including the case where it leaves one Federal
					 consolidated group to join another, an article 9-A short period report is
					 required to be filed, covering the period from the beginning of its taxable
					 year for article 9-A purposes up to the date it leaves the group. Such report
					 shall be filed on or before the 15th day of the fourth month following the
					 close of its taxable year under article 9-A determined without regard to its
					 cessation of membership in such Federal consolidated group.
(iii) Notwithstanding the provisions in
					 subparagraphs (i) and (ii) of this paragraph, no short period report is
					 required to be filed if the corporation remains in the same New York State
					 combined group before and after the changes mentioned in such
					 subparagraphs.
(5) In
					 the case of an election made pursuant to IRC section 338, the old target
					 (within the meaning of 26
					 CFR 1.338-10) may be required to file a final
					 report that is a short period report. In such event, the corporation, if a
					 taxpayer, must file a short period report for purposes of article 9-A covering
					 the same period as the Federal short period return (to the extent that it is
					 subject to article 9-A during such period). Such report shall be filed by the
					 due date for the Federal short period return as prescribed by
					 26 CFR
					 1.338-10, except that this provision shall
					 not apply to an amended return described in
					 26 CFR
					 1.338-10 as a deemed sale return. The due
					 date for the article 9-A amended report, for the same short period covered by
					 such Federal amended return (to the extent that it is subject to article 9-A
					 during such period), is prescribed by section
					 6-1.4  of this Part.
(6) In the case of an S corporation
					 termination year, the S short year and the C short year are treated as short
					 taxable years but the due date of the report for the S short year is the same
					 as the due date of the report for the C short year.