§ 213 — Payment and lien of tax

New York § 213

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

Text

§ 213. Payment and lien of tax. 1. To the extent the tax imposed by\nsection two hundred nine of this chapter shall not have been previously\npaid pursuant to section two hundred thirteen-b of this chapter,\n a. such tax, or the balance thereof, shall be payable to the\ncommissioner in full at the time the report is required to be filed, and\n b. such tax, or the balance thereof, imposed on any taxpayer which\nceases to exercise its franchise or to be subject to the tax imposed by\nthis article shall be payable to the commissioner at the time the report\nis required to be filed, provided such tax of a domestic corporation\nwhich continues to possess its franchise shall be subject to adjustment\nas the circumstances may require; all other taxes of any such taxpayer,\nwhich pursuant to the foregoing provisions of this section would\notherwise be payable subsequent to the time such report is required to\nbe filed, shall nevertheless be payable at such time.\n 2. If any taxpayer, within the time prescribed by section two hundred\neleven of this article, shall have applied for an automatic extension of\ntime to file its annual report and shall have paid to the commissioner\nof taxation and finance on or before the date such application is filed\nan amount properly estimated as provided by said section, the only\namount payable in addition to the tax shall be interest at the\nunderpayment rate set by the commissioner pursuant to section one\nthousand ninety-six of this chapter, or, if no rate is set, at the rate\nof six per centum per annum upon the amount by which the tax, or the\nportion thereof payable on or before the date the report was required to\nbe filed, exceeds the amount so paid. For purposes of the preceding\nsentence:\n a. an amount so paid shall be deemed properly estimated if it is\neither (i) not less than ninety per centum of the tax as finally\ndetermined, or (ii) not less than the tax shown on the taxpayer's report\nfor the preceding taxable year, if such preceding year was a taxable\nyear of twelve months; and\n b. the time when a report is required to be filed shall be determined\nwithout regard to any extension of time for filing such report.\n 3. The commissioner may grant a reasonable extension of time for\npayment of any tax imposed by this article under such conditions as he\nor she deems just and proper.\n