§ 211 — Reports

New York § 211

• Jurisdiction: New York
• Law TAX: Tax
• Art. 9-A: Franchise Tax On Business Corporations

Text

§ 211. Reports. 1. Every taxpayer shall annually on or before March\nfifteenth, for taxable years beginning before January first, two\nthousand sixteen, and annually on or before April fifteenth, for taxable\nyears beginning on or after January first, two thousand sixteen,\ntransmit to the commissioner a report in a form prescribed by the\ncommissioner (except that a corporation which reports on the basis of a\nfiscal year shall transmit its report within two and one-half months\nafter the close of its fiscal year, for taxable years beginning before\nJanuary first, two thousand sixteen, and on or before the fifteenth day\nof the fourth month after the close of its fiscal year, for taxable\nyears beginning on or after January first, two thousand sixteen, and\nexcept, also, that a corporation which is a DISC shall transmit its\nreport on or before the fifteenth day of the ninth month following the\nclose of its calendar or fiscal year), setting forth such information as\nthe commissioner may prescribe and every taxpayer which ceases to\nexercise its franchise or to be subject to the tax imposed by this\narticle shall transmit to the commissioner a report on the date of such\ncessation or at such other time as the commissioner may require covering\neach year or period for which no report was theretofore filed. In the\ncase of a termination year of an S corporation, the S short year and the\nC short year shall be treated as separate short taxable years, provided,\nhowever, the due date of the report for the S short year shall be the\nsame as the due date of the report for the C short year. Every taxpayer\nshall also transmit such other reports and such facts and information as\nthe commissioner may require in the administration of this article. The\ncommissioner may grant a reasonable extension of time for filing reports\nwhenever good cause exists.\n An automatic extension of six months for the filing of its annual\nreport shall be allowed any taxpayer if, within the time prescribed by\nthe preceding paragraph, such taxpayer files with the commissioner an\napplication for extension in such form as the commissioner may prescribe\nby regulation and pays on or before the date of such filing the amount\nproperly estimated as its tax.\n 2. Every report shall have annexed thereto a certification by the\npresident, vice-president, treasurer, assistant treasurer, chief\naccounting officer or any other officer of the taxpayer duly authorized\nso to act to the effect that the statements contained therein are true.\nIn the case of an association, within the meaning of paragraph three of\nsection (a) of section seventy-seven hundred one of the internal revenue\ncode, a publicly traded partnership treated as a corporation for\npurposes of the internal revenue code pursuant to section seventy-seven\nhundred four thereof and any business conducted by a trustee or trustees\nwherein interest or ownership is evidenced by certificates or other\nwritten instruments such certification shall be made by any person duly\nauthorized so to act on behalf of such association, publicly traded\npartnership or business. The fact that an individual's name is signed on\na certification of the report shall be prima facie evidence that such\nindividual is authorized to sign and certify the report on behalf of the\ncorporation. Blank forms of reports shall be furnished by the\ncommissioner of taxation and finance, on application, but failure to\nsecure such a blank shall not release any corporation from the\nobligation of making any report required by this article.\n 2-a. The commissioner may prescribe regulations and instructions\nrequiring returns of information to be made and filed in conjunction\nwith the reports required to be filed pursuant to this article, relating\nto payments made to shareholders owning, directly or indirectly,\nindividually or in the aggregate, more than fifty percent of the issued\ncapital stock of the taxpayer, where such payments are treated as\npayments of interest in the computation of entire net income reported on\nsuch reports.\n 3. If the amount of taxable income for any year of any taxpayer\n(including any taxpayer which has elected to be taxed under subchapter s\nof chapter one of the internal revenue code), as returned to the United\nStates treasury department is changed or corrected by the commissioner\nof internal revenue or other officer of the United States or other\ncompetent authority, or where a renegotiation of a contract or\nsubcontract with the United States results in a change in taxable\nincome, such taxpayer shall report such changed or corrected taxable\nincome, or the results of such renegotiation, within ninety days (or one\nhundred twenty days, in the case of a taxpayer making a combined report\nunder this article for such year) after the final determination of such\nchange or correction or renegotiation, or as required by the\ncommissioner, and shall concede the accuracy of such determination or\nstate wherein it is erroneous. Provided however, if the taxpayer is a\ndirect or indirect partner of a partnership required to report\nadjustments in accordance with section six hundred fifty-nine-a of this\nchapter, such taxpayer shall also report such adjustments in accordance\nwith section six hundred fifty-nine-a of this chapter. The allowance of\na tentative carryback adjustment based upon a net operating loss\ncarryback or net capital loss carryback pursuant to section sixty-four\nhundred eleven of the internal revenue code, as amended, shall be\ntreated as a final determination for purposes of this subdivision. Any\ntaxpayer filing an amended return with such department shall also file\nwithin ninety days (or one hundred twenty days, in the case of a\ntaxpayer making a combined report under this article for such year)\nthereafter an amended report with the commissioner.\n 4. For provisions relating to combined reports, see section two\nhundred ten-C of this article.\n 5. In case it shall appear to the commissioner that any agreement,\nunderstanding or arrangement exists between the taxpayer and any other\ncorporation or any person or firm, whereby the activity, business,\nincome or capital of the taxpayer within the state is improperly or\ninaccurately reflected, the commissioner is authorized and empowered, in\nthe commissioner's discretion and in such manner as the commissioner may\ndetermine, to adjust items of income, deductions and capital, and to\neliminate assets in computing any apportionment percentage provided only\nthat any income directly traceable thereto be also excluded from entire\nnet income, so as equitably to determine the tax. Where (a) any taxpayer\nconducts its activity or business under any agreement, arrangement or\nunderstanding in such manner as either directly or indirectly to benefit\nits members or stockholders, or any of them, or any person or persons\ndirectly or indirectly interested in such activity or business, by\nentering into any transaction at more or less than a fair price which,\nbut for such agreement, arrangement or understanding, might have been\npaid or received therefor, or (b) any taxpayer, a substantial portion of\nwhose capital stock is owned either directly or indirectly by another\ncorporation, enters into any transaction with such other corporation on\nsuch terms as to create an improper loss or net income, the commissioner\nmay include in the entire net income of the taxpayer the fair profits\nwhich, but for such agreement, arrangement or understanding, the\ntaxpayer might have derived from such transaction. Where any taxpayer\nowns, directly or indirectly, more than fifty percent of the capital\nstock of another corporation subject to tax under section fifteen\nhundred two-a of this chapter and fifty percent or less of whose gross\nreceipts for the taxable year consist of premiums, the commissioner may\ninclude in the entire net income of the taxpayer, as a deemed\ndistribution, the amount of the net income of the other corporation that\nis in excess of its net premium income.\n 6. An action may be brought at any time by the attorney-general at the\ninstance of the tax commission, in the name of the state, to compel the\nfiling of reports due under this article.\n 7. Reports shall be preserved for five years, and thereafter until the\ntax commission orders them to be destroyed.\n 8. (a) Except in accordance with proper judicial order or as otherwise\nprovided by law, it shall be unlawful for any tax commissioner, any\nofficer or employee of the department, or any person who, pursuant to\nthis section, is permitted to inspect any report, or to whom any\ninformation contained in any report is furnished, or any person engaged\nor retained by such department on an independent contract basis, or any\nperson who in any manner may acquire knowledge of the contents of a\nreport filed pursuant to this article, to divulge or make known in any\nmanner the amount of income or any particulars set forth or disclosed in\nany report under this article. The officers charged with the custody of\nsuch reports shall not be required to produce any of them or evidence of\nanything contained in them in any action or proceeding in any court,\nexcept on behalf of the state or the commissioner in an action or\nproceeding under the provisions of this chapter or in any other action\nor proceeding involving the collection of a tax due under this chapter\nto which the state or the commissioner is a party or a claimant, or on\nbehalf of any party to any action or proceeding under the provisions of\nthis article when the reports or facts shown thereby are directly\ninvolved in such action or proceeding, in any of which events the court\nmay require the production of, and may admit in evidence, so much of\nsaid reports or of the facts shown thereby as are pertinent to the\naction or proceeding, and no more. The commissioner may, nevertheless,\npublish a copy or a summary of any determination or decision rendered\nafter the formal hearing provided for in section one thousand\neighty-nine of this chapter. Nothing herein shall be construed to\nprohibit the delivery to a corporation or its duly authorized\nrepresentative of a copy of any report filed by it, nor to prohibit the\npublication of statistics so classified as to prevent the identification\nof particular reports and the items thereof; or the publication of\ndelinquent lists showing the names of taxpayers who have failed to pay\ntheir taxes at the time and in the manner provided by section two\nhundred thirteen of this chapter together with any relevant information\nwhich in the opinion of the commissioner may assist in the collection of\nsuch delinquent taxes; or the inspection by the attorney general or\nother legal representatives of the state of the report of any\ncorporation which shall bring action to set aside or review the tax\nbased thereon, or against which an action or proceeding under this\nchapter has been recommended by the commissioner of taxation and finance\nor the attorney general or has been instituted; or the inspection of the\nreports of any corporation by the comptroller or duly designated officer\nor employee of the state department of audit and control, for purposes\nof the audit of a refund of any tax paid by such corporation under this\narticle.\n (b) (i) Any officer or employee of the state who willfully violates\nthe provisions of paragraph (a) of this subdivision shall be dismissed\nfrom office and be incapable of holding any public office in this state\nfor a period of five years thereafter.\n (ii) Cross-reference: For criminal penalties, see article thirty-seven\nof this chapter.\n (c) Notwithstanding any provisions of this subdivision, the tax\ncommission may permit the secretary of the treasury of the United States\nor his delegates, or the proper officer of any other state charged with\ntax administration, or the authorized representative of either such\nofficer, to inspect the reports filed under this article, or may furnish\nto such officer or his authorized representative an abstract of any such\nreport or supply information concerning an item contained in any such\nreport, or disclosed by an investigation of tax liability under this\narticle, but such permission shall be granted or such information\nfurnished to such officer or his representative only if the laws of the\nUnited States or of such other state, as the case may be, grant\nsubstantially similar privileges to the commission or officer of this\nstate charged with the administration of the tax imposed by this article\nand such information is to be used for tax purposes only; and provided\nfurther the commissioner of taxation and finance may furnish to the\nsecretary of the treasury of the United States or his delegates such\nreports filed under this article and other tax information, as he may\nconsider proper, for use in court actions or proceedings under the\ninternal revenue code, whether civil or criminal, where a written\nrequest therefor has been made to the commissioner of taxation and\nfinance by the secretary of the treasury or his delegates provided the\nlaws of the United States grant substantially similar powers to the\nsecretary of the treasury or his delegates. Where the commissioner of\ntaxation and finance has so authorized use of reports or other tax\ninformation in such actions or proceedings, officers and employees of\nthe department of taxation and finance may testify in such actions or\nproceedings in respect to such reports or other tax information; and\nprovided further that such commission may furnish any municipality with\nsuch information contained in the reports filed under this article as it\nmay consider proper for use in any certiorari or condemnation\nproceeding.\n 9. Notwithstanding the provisions of subdivision eight of this\nsection, the tax commission may permit the officer charged with the\nadministration of an income tax imposed by any city of the state of New\nYork, or the authorized representative of such officer, to inspect the\nreports filed under this article, or may furnish to such officer or his\nauthorized representative an abstract of any such report or supply\ninformation concerning an item contained in any such report, or\ndisclosed by any investigation of tax liability under this article, but\nsuch permission shall be granted or such information furnished to such\nofficer or his representative only if the local laws of such city grant\nsubstantially similar privileges to the commission or officer of this\nstate charged with the administration of the tax imposed by this article\nand such information is to be used for tax purposes only; and provided\nfurther the commissioner of taxation and finance may furnish to such\ncity officer or his delegates and the legal representative of such city\nsuch reports filed under this article and other tax information, as he\nmay consider proper, for use in court actions or proceedings under such\nlocal law, whether civil or criminal, where a written request therefor\nhas been made to the commissioner of taxation and finance by such city\nofficer or his delegates or by such legal representative of such city,\nprovided the local law of such city grants substantially similar powers\nto the city officer charged with the administration of the city income\ntax or his delegates. Where the commissioner of taxation and finance has\nso authorized use of reports or other tax information in such actions or\nproceedings, officers and employees of the department of taxation and\nfinance may testify in such actions or proceedings in respect to such\nreports or other tax information.\n 10. Notwithstanding the provisions of subdivision eight of this\nsection, the tax commission, in its discretion, may require or permit\nany or all persons liable for any tax imposed by this article, to make\npayments on account of estimated tax and payment of any tax, penalty or\ninterest imposed by this article to banks, banking houses or trust\ncompanies designated by the tax commission and to file declarations of\nestimated tax, applications for automatic extensions of time to file\nreports, and reports with such banks, banking houses or trust companies\nas agents of the tax commission, in lieu of making any such payment\ndirectly to the tax commission. However, the tax commission shall\ndesignate only such banks, banking houses or trust companies as are or\nshall be designated by the comptroller as depositories pursuant to\nsection two hundred eighteen.\n 11. Notwithstanding the provisions of subdivision eight of this\nsection, the commissioner may disclose to the head of any state agency,\npursuant to section one hundred seventy-one-f of this chapter, the name\nand taxpayer identification number of any taxpayer whose overpayment is\ncertified to the comptroller to be credited against a past-due legally\nenforceable debt owed to such agency and the amount of the overpayment\nand interest thereon certified to the comptroller to be credited against\na past-due legally enforceable debt, and the commissioner may disclose\nto the commissioner of finance of the city of New York, pursuant to\nsection one hundred seventy-one-l of this chapter, the name and taxpayer\nidentification number of any taxpayer whose overpayment is certified to\nthe comptroller to be credited against a city of New York tax warrant\njudgment debt and the amount of the overpayment and interest thereon\ncertified to the comptroller to be credited against a city of New York\ntax warrant judgment debt.\n 12. (a) Notwithstanding the provisions of subdivision eight of this\nsection, the commissioner and the comptroller shall enter into an\nagreement pursuant to which the commissioner shall, upon request,\nprovide the comptroller with a report, not more frequently than\nannually, with respect to corporations or other entities which have\nfiled a business corporation franchise tax report under this article for\nany taxable year within ten calendar years prior to the report to the\ncomptroller made pursuant to this subdivision, providing the following\ninformation, to the extent that such information is readily available\nfrom the department's system for identifying taxpayer indicative data:\n (1) business name and legal name, if different;\n (2) business address and mailing address;\n (3) federal employer identification number;\n (4) date entered into business.\n (b) Each report to the comptroller made pursuant to this subdivision\nshall list each corporation or other entity with respect to which such\nreport is made according to the total assets reported for the end of the\nyear on its most recent available business corporation franchise tax\nreport, in descending order. Such reports to the comptroller shall not\ndisclose the actual amount of total assets reported on such business\ncorporation franchise tax reports.\n (c) The information provided to the comptroller pursuant to this\nsubdivision shall be used only for administration and enforcement of the\nabandoned property law. The comptroller may redisclose the information\nprovided under this subdivision only to the extent necessary for\nenforcement or administration of the abandoned property law.\n (d) The reports to the comptroller required under this subdivision\nshall be submitted by electronic means or in some other format which is\nmutually acceptable to the comptroller and the commissioner. The written\nagreement with the comptroller shall set forth the procedures for\nproviding the information the commissioner is allowed to disclose\npursuant to this subdivision.\n (e) Notwithstanding article six of the public officers law or any\nother provision of law, the reports to be furnished to the comptroller\npursuant to this subdivision shall not be open to the public for\ninspection.\n 14. Notwithstanding the provisions of subdivision eight of this\nsection, the commissioner may disclose to a taxpayer or a taxpayer's\nrelated member, as defined in paragraph (o) of subdivision nine of\nsection two hundred eight of this article, information relating to any\nroyalty payments paid, incurred or received by such taxpayer or related\nmember to or from the other, including the treatment of such payments by\nthe taxpayer or the related member in any report or return transmitted\nto the commissioner under this chapter.\n 15. Notwithstanding the provisions of subdivision eight of this\nsection, the commissioner shall provide the statements and other\nrequired information requested on tax reports under section four hundred\neight of the business corporation law to the secretary of state for\nfiling. Such provision may also include a copy or image of that portion\nof the report solely pertinent to such information to the extent\nfeasible. The commissioner any also provide information on\nnoncompliance.\n 16. (a) Notwithstanding the provisions of subdivision eight of this\nsection, upon written request from the chairperson of the committee on\nways and means of the United States House of Representatives, the\nchairperson of the committee on finance of the United States Senate, or\nthe chairperson of the joint committee on taxation of the United States\nCongress, the commissioner shall furnish such committee with any current\nor prior year reports specified in such request that were filed under\nthis article by the president of the United States, vice-president of\nthe United States, member of the United States Congress representing New\nYork state, or any person who served in or was employed by the executive\nbranch of the government of the United States on the executive staff of\nthe president, in the executive office of the president, or in an acting\nor confirmed capacity in a position subject to confirmation by the\nUnited States senate; or, in New York state: a statewide elected\nofficial, as defined in paragraph (a) of subdivision one of section\nseventy-three-a of the public officers law; a state officer or employee,\nas defined in subparagraph (i) of paragraph (c) of subdivision one of\nsuch section seventy-three-a; a political party chairperson, as defined\nin paragraph (h) of subdivision one of such section seventy-three-a; a\nlocal elected official, as defined in subdivisions one and two of\nsection eight hundred ten of the general municipal law; a person\nappointed, pursuant to law, to serve due to vacancy or otherwise in the\nposition of a local elected official, as defined in subdivisions one and\ntwo of section eight hundred ten of the general municipal law; a member\nof the state legislature; or a judge or justice of the unified court\nsystem, or filed by a partnership, firm, association, corporation,\njoint-stock company, trust or similar entity directly or indirectly\ncontrolled by any individual listed in this paragraph, whether by\ncontract, through ownership or control of a majority interest in such\nentity, or otherwise, or filed by a partnership, firm, association,\ncorporation, joint-stock company, trust or similar entity of which any\nindividual listed in this paragraph holds ten percent or more of the\nvoting securities of such entity; provided however that, prior to\nfurnishing any report, the commissioner shall redact any copy of a\nfederal return (or portion thereof) attached to, or any information on a\nfederal return that is reflected on, such report, and any social\nsecurity numbers, account numbers and residential address information.\n (b) No reports shall be furnished pursuant to this subdivision unless\nthe chairperson of the requesting committee certifies in writing that\nsuch reports have been requested related to, and in furtherance of, a\nlegitimate task of the Congress, that the requesting committee has made\na written request to the United States secretary of the treasury for\nrelated federal reports or report information, pursuant to 26 U.S.C.\nSection 6103(f), and that if such requested reports are inspected by\nand/or submitted to another committee, to the United States House of\nRepresentatives, or to the United States Senate, then such inspection\nand/or submission shall occur in a manner consistent with federal law as\ninformed by the requirements and procedures established in 26 U.S.C.\nSection 6103(f).\n