§ 35 — Declarations of estimated tax

New York § 35

• Jurisdiction: New York
• Law GCT: General City
• Part 3: Returns, Declarations and Payment of Tax
• Art. 2-D: City Personal Income Tax On Residents

Text

§ 35. Declarations of estimated tax.-- (a) Requirement of\ndeclaration.-- Every resident individual shall make a declaration of his\nestimated tax for the taxable year, containing such information as the\nadministrator may prescribe by regulations or instructions, if his city\nadjusted gross income, other than from wages on which tax is withheld\nunder this local law, can reasonably be expected to exceed four hundred\ndollars plus the sum of the city personal exemptions to which he is\nentitled.\n (b) Definition of estimated tax.--The term "estimated tax" means the\namount which an individual estimates to be his income tax under this\nlocal law for the taxable year, less the amount which he estimates to be\nthe sum of any credits allowable against the tax.\n (c) Joint declaration of husband and wife.--A husband and wife may\nmake a joint declaration of estimated tax as if they were one taxpayer,\nin which case the liability with respect to the estimated tax shall be\njoint and several. No joint declaration may be made if husband and wife\nare separated under a decree of divorce or of separate maintenance, or\nif they have different taxable years. If a joint declaration is made\nbut husband and wife elect to determine their taxes under this local law\nseparately, the estimated tax for such year may be treated as the\nestimated tax of either husband or wife, or may be divided between them,\nas they may elect.\n (d) Time for filing declaration.--A declaration of estimated tax of an\nindividual other than a farmer shall be filed on or before April\nfifteenth of the taxable year, except that if the requirements of\nsubdivision (a) are first met:\n (1) after April first and before June second of the taxable year, the\ndeclaration shall be filed on or before June fifteenth, or\n (2) after June first and before September second of the taxable year,\nthe declaration shall be filed on or before September fifteenth, or\n (3) after September first of the taxable year, the declaration shall\nbe filed on or before January fifteenth of the succeeding year.\n (e) Declaration of estimated tax by a farmer.--A declaration of\nestimated tax of an individual having an estimated city adjusted gross\nincome from farming (including oyster farming) for the taxable year\nwhich is at least two-thirds of his total estimated city adjusted gross\nincome for the taxable year may be filed at any time on or before\nJanuary fifteenth of the succeeding year, in lieu of the time otherwise\nprescribed.\n (f) Declaration of estimated tax of forty dollars or less.--A\ndeclaration of estimated tax of an individual having a total estimated\ntax for the taxable year of forty dollars or less may be filed at any\ntime on or before January fifteenth of the succeeding year under\nregulations of the administrator.\n (g) Amendments of declaration.--An individual may amend a declaration\nunder regulations of the administrator.\n (h) Return as declaration or amendment.--If on or before February\nfifteenth of the succeeding taxable year an individual files his return\nfor the taxable year for which the declaration is required, and pays\ntherewith the full amount of the tax shown to be due on the return:\n (1) such return shall be considered as his declaration if no\ndeclaration was required to be filed during the taxable year, but is\notherwise required to be filed on or before January fifteenth, or\n (2) such return shall be considered as the amendment permitted by\nsubdivision (g) to be filed on or before January fifteenth if the tax\nshown on the return is greater than the estimated tax shown in a\ndeclaration previously made.\n (i) Fiscal year.--This section shall apply to a taxable year other\nthan a calendar year by the substitution of the months of such fiscal\nyear for the corresponding months specified in this section.\n (j) Short taxable year.--An individual having a taxable year of less\nthan twelve months shall make a declaration in accordance with\nregulations of the administrator.\n (k) Declaration for individual under a disability.--The declaration of\nestimated tax for an individual who is unable to make a declaration by\nreason of minority or other disability shall be made and filed by his\nguardian, committee, conservator, fiduciary or other person charged with\nthe care of his person or property (other than a receiver in possession\nof only a part of his property), or by his duly authorized agent.\n