§ 8 — Payments on account of estimated tax

§ 8. Payments on account of estimated tax. 1. Every taxpayer subject\nto the tax imposed by section three of this part shall pay with the\nreport required to be filed for the preceding privilege period, if any,\nor with an application for extension of the time for filing such report,\nan amount equal to twenty-five per centum of the preceding year's tax,\ncomputed without regard to the credits provided for in section four-b,\nfour-c, four-d, four-e, four-f, four-g and four-h of this part if such\npreceding year's tax exceeded one thousand dollars.\n 2. The estimated tax with respect to which a declaration for such\nprivilege period is required shall be paid, in the case of a taxpayer\nwhich reports on the basis of a calendar year, as follows:\n (a) If the declaration is filed on or before June fifteenth, the\nestimated tax shown thereon, after applying thereto the amount, if any,\npaid during the same privilege period pursuant to subdivision one, shall\nbe paid in three equal installments. One of such installments shall be\npaid at the time of the filing of the declaration, one shall be paid on\nthe following October fifteenth, and one on the following January\nfifteenth.\n (b) If the declaration is filed after June fifteenth and not after\nOctober fifteenth of such privilege period, and is not required to be\nfiled on or before June fifteenth of such period, the estimated tax\nshown on such declaration, after applying thereto the amount, if any,\npaid during the same privilege period pursuant to subdivision one, shall\nbe paid in two equal installments. One of such installments shall be\npaid at the time of the filing of the declaration and one shall be paid\non the following January fifteenth.\n (c) If the declaration is filed after October fifteenth of such\nprivilege period, and is not required to be filed on or before October\nfifteenth of such privilege period, the estimated tax shown on such\ndeclaration, after applying thereto the amount, if any, paid in respect\nof such privilege period pursuant to subdivision one, shall be paid in\nfull at the time of the filing of the declaration.\n (d) If the declaration is filed after the time prescribed therefor, or\nafter the expiration of any extension of time therefor, paragraphs (b)\nand (c) of this subdivision shall not apply, and there shall be paid at\nthe time of such filing all installments of estimated tax payable at or\nbefore such time, and the remaining installments shall be paid at the\ntimes at which, and in the amounts in which, they would have been\npayable if the declaration had been filed when due.\n 3. If any amendment of a declaration is filed, the remaining\ninstallments, if any, shall be ratably increased or decreased (as the\ncase may be) to reflect any increase or decrease in the estimated tax by\nreason of such amendment, and if any amendment is made after October\nfifteenth of the privilege period, any increase in the estimated tax by\nreason thereof shall be paid at the time of making such amendment.\n 4. Any amount paid pursuant to subdivision one or the first sentence\nof subdivision three shall be applied after payment as a first\ninstallment against the estimated tax of the taxpayer for the current\nprivilege period shown on the declaration required to be filed pursuant\nto section seven of this part or, if no declaration of estimated tax is\nrequired to be filed by the taxpayer pursuant to such section, any such\namount shall be considered a payment on account of the tax shown on the\nreport required to be filed by the taxpayer for such privilege period.\n 5. Notwithstanding the provisions of section seventy-nine of this\ntitle or of section three-a of the general municipal law, if an amount\npaid pursuant to subdivision one exceeds the tax shown on the report\nrequired to be filed by the taxpayer for the privilege period during\nwhich the amount was paid, interest shall be allowed and paid on the\namount by which the amount so paid pursuant to such subdivision exceeds\nsuch tax, at the rate set by the commissioner of finance pursuant to\nsection eighty-seven of part six, or, if no rate is set, at the rate of\nfour per centum per annum from the date of payment of the amount so paid\npursuant to such subdivision to the fifteenth day of the third month\nfollowing the close of the privilege period, provided, however, that no\ninterest shall be allowed or paid under this subdivision if the amount\nthereof is less than one dollar or if such interest becomes payable\nsolely because of a carryback of a net operating loss in a subsequent\nprivilege period.\n 6. As used in this section, "the preceding year's tax" means the tax\nimposed upon the taxpayer by section three of this part for the\npreceding calendar or fiscal year, or, for purposes of computing the\nfirst installment of estimated tax when an application has been filed\nfor extension of the time for filing the report required to be filed for\nsuch preceding calendar or fiscal year, the amount properly estimated\npursuant to section seven of this part as the tax imposed upon the\ntaxpayer for such calendar or fiscal year.\n 7. This section shall apply to a privilege period of less than twelve\nmonths in accordance with regulations of the director of finance.\n 8. The provisions of this section shall apply to privilege periods of\ntwelve months other than a calendar year by the substitution of the\nmonths of such fiscal year for the corresponding months specified in\nsuch provisions.\n 9. The commissioner of finance may grant a reasonable extension of\ntime, not to exceed six months, for payment of any installment of\nestimated tax required pursuant to this section, on such terms and\nconditions as it may require, including the furnishing of a bond or\nother security by the taxpayer in an amount not exceeding twice the\namount for which any extension of time for payment is granted, provided,\nhowever that interest at the rate set by the commissioner of finance\npursuant to section eighty-seven of part six, or, if no rate is set, at\nthe rate of six per centum per annum for the period of the extension\nshall be charged and collected on the amount for which any extension of\ntime for payment is granted under this subdivision.\n 10. A taxpayer may elect to pay any installment of estimated tax prior\nto the date prescribed in this section for payment thereof.\n 11. The portion of an overpayment attributable to a credit allowable\npursuant to section four-a of this part may not be credited against any\npayment due under this section.\n