Legislation
SECTION 1137-A
Returns of estimated tax and payments
Tax (TAX) CHAPTER 60, ARTICLE 28, PART 4
§ 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.
(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.
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.
(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.