§ 1137-A — Returns of estimated tax and payments

New York § 1137-A

• Jurisdiction: New York
• Law TAX: Tax
• Part 4: Administrative Provisions
• Art. 28: Sales and Compensating Use Taxes

Text

§ 1137-A. Returns of estimated tax and payments. (a) Notwithstanding\nany other provision of this article, every person whose taxable\nreceipts, amusement charges and rents totaled three hundred thousand\ndollars or more in the quarterly period ending November thirtieth,\nnineteen hundred seventy-five, shall file, with or as part of the\nquarterly return and payment due March twentieth, nineteen hundred\nseventy-six, a return setting forth the total sales and compensating use\ntaxes estimated to be payable by such person for the month of March,\nnineteen hundred seventy-six calculated for such month in the manner set\nforth in subdivisions (a) and (b) of section eleven hundred thirty-seven\nand pay to the tax commission the tax so calculated. Any adjustment\nnecessary to properly report and pay the tax for March, nineteen hundred\nseventy-six shall be reported on and paid with the monthly return due\nApril twentieth, nineteen hundred seventy-six. The penalty provided for\nin subdivision (a) of section eleven hundred forty-five shall apply for\npurposes of the return and payment of estimated tax required to be filed\nand paid under this subdivision. Provided, however, no penalty or\ninterest shall be payable with respect to such return and payment of\nestimated tax if such return is timely filed, accompanied by a payment\nof not less than ninety percent of the tax as finally determined to be\ndue and payable for March, nineteen hundred seventy-six. Provided,\nfurther, that interest at the rate authorized under subdivision nine of\nsection eleven hundred forty-two, shall be payable upon the amount of\nany underpayment of the tax due with such return, but not beyond April\ntwentieth, nineteen hundred seventy-six.\n (b) For the period commencing March first, nineteen hundred\nseventy-seven and ending February twenty-eighth, nineteen hundred\neighty-three, every person required to file a monthly return pursuant to\nsubdivision (a) of section eleven hundred thirty-six, shall file, on or\nbefore each twentieth day of March, with or as part of the monthly\nreturn and payment otherwise due in such month, either: (i) a\nlong-form, part-quarterly return setting forth the total sales and\ncompensating use taxes estimated to be payable by such person for such\nmonth of March calculated for such month in the manner set forth in\nsubdivisions (a) and (b) of section eleven hundred thirty-seven; or,\n(ii) in the event such person is otherwise eligible and so elects, a\nshort-form, part-quarterly return, and in either case, pay to the tax\ncommission the tax calculated thereunder. Any adjustment necessary to\nproperly report and pay the tax for March shall be reported on and paid\nwith the monthly return due in April.\n (c) For the period commencing March first, nineteen hundred\neighty-three and ending February twenty-eight, nineteen hundred\nninety-one, every person required to file a monthly return pursuant to\nsubdivision (a) of section eleven hundred thirty-six of this article,\nshall file, on or before each twentieth day of March, with or as part of\nthe monthly return and payment otherwise due in such month, a March\nestimated return setting forth, either: (i) the sales and compensating\nuse taxes estimated to be payable by such person for such month of March\ncalculated for such month in the manner set forth in paragraph two of\nsubdivision (c) of section eleven hundred thirty-seven; or, (ii) in the\nevent such person has had at least four successive quarterly tax periods\nimmediately preceding the March for which the return is to be filed and\nso elects, one-third of the sales and compensating use taxes payable by\nsuch person to the commissioner for the comparable quarter of the\nimmediately preceding year calculated for such comparable quarter in the\nmanner set forth in paragraph one of subdivision (c) of section eleven\nhundred thirty-seven. In either case, such person shall pay to the\ncommissioner the tax so calculated. Any adjustment necessary to properly\nreport and pay the tax for March shall be reported on and paid with the\nmonthly return due in April.\n (d) Except as otherwise provided in this article and to the extent not\ninconsistent with this section, all of the provisions of this article\nshall apply for purposes of the estimated tax provided for in this\nsection.\n