This text of New York § 197 (Payment of tax and penalties) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 197. Payment of tax and penalties.
1.To the extent the taxes and\nfees imposed by this article shall not have been previously paid,\n (a) such taxes and fees, or the balance thereof, shall be payable to\nthe tax commission in full at the time the taxpayer's report is required\nto be filed, and\n (b) such taxes and fees, or the balance thereof, imposed on any\ntaxpayer which ceased to exercise its franchise or to be subject to any\nof the taxes or fees imposed by this article shall be payable to the tax\ncommission at the time the report is required to be filed, provided any\nsuch tax or fee of a domestic corporation which continues to possess its\nfranchise shall be subject to adjustment as the circumstances may\nrequire; all other taxes and fees of any such taxpayer, which pursuant
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§ 197. Payment of tax and penalties. 1. To the extent the taxes and\nfees imposed by this article shall not have been previously paid,\n (a) such taxes and fees, or the balance thereof, shall be payable to\nthe tax commission in full at the time the taxpayer's report is required\nto be filed, and\n (b) such taxes and fees, or the balance thereof, imposed on any\ntaxpayer which ceased to exercise its franchise or to be subject to any\nof the taxes or fees imposed by this article shall be payable to the tax\ncommission at the time the report is required to be filed, provided any\nsuch tax or fee of a domestic corporation which continues to possess its\nfranchise shall be subject to adjustment as the circumstances may\nrequire; all other taxes and fees of any such taxpayer, which pursuant\nto the foregoing provisions of this section would otherwise be payable\nsubsequent to the time such report is required to be filed, shall\nnevertheless be payable at such time.\n 2. Where an application for consent to dissolution, as provided by\nsection one thousand four of the business corporation law, is filed with\nthe commissioner of taxation and finance, such consent shall be given\nonly if the commissioner of taxation and finance ascertains that all\nfees and taxes imposed under this chapter or any related statute, as\ndefined in section eighteen hundred of this chapter, as well as\npenalties and interest charges related thereto, accrued against the\ncorporation have been paid, and where such application for consent to\ndissolution is filed with such commissioner prior to the commencement of\nany tax year or period, by a corporation subject to tax under articles\nnine or nine-a of this chapter, such corporation shall not be liable for\nany tax imposed by said articles for such following year or period\n(except as may be otherwise provided in section one hundred ninety-one,\nsubdivision nine of section one hundred eighty-two, subdivision nine of\nsection one hundred eighty-two-a, subdivision nine of section one\nhundred eighty-two-b and subdivision three of section two hundred nine\nof this chapter), provided that the certificate of dissolution for such\ncorporation is duly filed in the office of the secretary of state within\nninety days after the commencement of such tax year or period and such\ncorporation does not conduct business in such tax year or period.\n 3. Notwithstanding any other provision of this article, the tax\ncommission may grant a reasonable extension of time for payment of any\ntax or fee imposed by this article under such conditions as it deems\njust and proper.\n