N.Y. Tax Law 1137-A – Returns of estimated tax and payments
§ 1137-A. Returns of estimated tax and payments. (a) Notwithstanding any other provision of this article, every person whose taxable receipts, amusement charges and rents totaled three hundred thousand dollars or more in the quarterly period ending November thirtieth, nineteen hundred seventy-five, shall file, with or as part of the quarterly return and payment due March twentieth, nineteen hundred seventy-six, a return setting forth the total sales and compensating use taxes estimated to be payable by such person for the month of March, nineteen hundred seventy-six calculated for such month in the manner set forth in subdivisions (a) and (b) of section eleven hundred thirty-seven and pay to the tax commission the tax so calculated. Any adjustment necessary to properly report and pay the tax for March, nineteen hundred seventy-six shall be reported on and paid with the monthly return due April twentieth, nineteen hundred seventy-six. The penalty provided for in subdivision (a) of section eleven hundred forty-five shall apply for purposes of the return and payment of estimated tax required to be filed and paid under this subdivision. Provided, however, no penalty or interest shall be payable with respect to such return and payment of estimated tax if such return is timely filed, accompanied by a payment of not less than ninety percent of the tax as finally determined to be due and payable for March, nineteen hundred seventy-six. Provided, further, that interest at the rate authorized under subdivision nine of section eleven hundred forty-two, shall be payable upon the amount of any underpayment of the tax due with such return, but not beyond April twentieth, nineteen hundred seventy-six.
Terms Used In N.Y. Tax Law 1137-A
- Article: means a prose composition, including commentaries, reviews, editorials, op-eds, letters to the editor, and reader comments on articles. See N.Y. Tax Law 1101
- person: includes an individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing. See N.Y. Tax Law 1101
- Tax: shall include any tax imposed by sections eleven hundred five, or eleven hundred ten, and any amount payable to the tax commission by a person required to file a return, as provided in section eleven hundred thirty-seven. See N.Y. Tax Law 1131
(b) For the period commencing March first, nineteen hundred seventy-seven and ending February twenty-eighth, nineteen hundred eighty-three, every person required to file a monthly return pursuant to subdivision (a) of section eleven hundred thirty-six, shall file, on or before each twentieth day of March, with or as part of the monthly return and payment otherwise due in such month, either: (i) a long-form, part-quarterly return setting forth the total sales and compensating use taxes estimated to be payable by such person for such month of March calculated for such month in the manner set forth in subdivisions (a) and (b) of section eleven hundred thirty-seven; or, (ii) in the event such person is otherwise eligible and so elects, a short-form, part-quarterly return, and in either case, pay to the tax commission the tax calculated thereunder. Any adjustment necessary to properly report and pay the tax for March shall be reported on and paid with the monthly return due in April.
(c) For the period commencing March first, nineteen hundred eighty-three and ending February twenty-eight, nineteen hundred ninety-one, every person required to file a monthly return pursuant to subdivision (a) of section eleven hundred thirty-six of this article, shall file, on or before each twentieth day of March, with or as part of the monthly return and payment otherwise due in such month, a March estimated return setting forth, either: (i) the sales and compensating use taxes estimated to be payable by such person for such month of March calculated for such month in the manner set forth in paragraph two of subdivision (c) of section eleven hundred thirty-seven; or, (ii) in the event such person has had at least four successive quarterly tax periods immediately preceding the March for which the return is to be filed and so elects, one-third of the sales and compensating use taxes payable by such person to the commissioner for the comparable quarter of the immediately preceding year calculated for such comparable quarter in the manner set forth in paragraph one of subdivision (c) of section eleven hundred thirty-seven. In either case, such person shall pay to the commissioner the tax so calculated. Any adjustment necessary to properly report and pay the tax for March shall be reported on and paid with the monthly return due in April.
(d) Except as otherwise provided in this article and to the extent not inconsistent with this section, all of the provisions of this article shall apply for purposes of the estimated tax provided for in this section.