Legislation
SECTION 213-A
Declaration of estimated tax
Tax (TAX) CHAPTER 60, ARTICLE 9-A
§ 213-a. Declaration of estimated tax.--(a) Requirement of
declaration.--Every taxpayer subject to the tax imposed by section two
hundred nine of this chapter shall make a declaration of its estimated
tax for the current privilege period, containing such information as the
commissioner of taxation and finance may prescribe by regulations or
instructions, if such estimated tax can reasonably be expected to exceed
one thousand dollars. If a taxpayer is subject to the tax surcharge
imposed under section two hundred nine-B of this article and such
taxpayer's estimated tax under section two hundred nine of this article
can reasonably be expected to exceed one thousand dollars, such taxpayer
shall also make a declaration of its estimated tax surcharge for the
current privilege period.
(b) Definition of estimated tax and estimated tax surcharge.--The
terms "estimated tax" and "estimated tax surcharge" mean the amounts
which a taxpayer estimates to be the tax or tax surcharge imposed by
section two hundred nine or two hundred nine-B, respectively, of this
chapter for the current privilege period, less the amount which it
estimates to be the sum of any credits allowable against the tax or tax
surcharge, respectively.
(c) Time for filing declaration.--A declaration of estimated tax and a
declaration of estimated tax surcharge shall be filed on or before June
fifteenth of the current privilege period in the case of a taxpayer
which reports on the basis of a calendar year, except that if the
requirements of subdivision (a) are first met:
(1) after May thirty-first and before September first of such current
privilege period, the declaration shall be filed on or before September
fifteenth, or
(2) after August thirty-first and before December first of such
current privilege period, the declaration shall be filed on or before
December fifteenth.
(d) Amendments of declaration.--A taxpayer may amend a declaration
under regulations of the tax commission.
(e) Report as declaration.--If, on or before February fifteenth of the
succeeding year in the case of a taxpayer which reports on the basis of
a calendar year, a taxpayer files its report for the year for which the
declaration is required, and pays therewith the balance, if any, of the
full amount of the tax or tax surcharge shown to be due on the report,
(i) such report shall be considered as its declaration if no
declaration was required to be filed during the calendar or fiscal year
for which the tax or tax surcharge was imposed, but is otherwise
required to be filed on or before December fifteenth pursuant to
subdivision (c),
(ii) such report shall be considered as the amendment permitted by
subdivision (d) to be filed on or before December fifteenth if the tax
or tax surcharge shown on the report is greater than the estimated tax
or estimated tax surcharge, as the case may be, shown on a declaration
previously made.
(f) Fiscal year.--This section shall apply to privilege periods of
twelve months other than a calendar year by the substitution of the
months of such fiscal year for the corresponding months specified in
this section.
(g) Short privilege period.--If the privilege period for which a tax
or tax surcharge is imposed by section two hundred nine or two hundred
nine-B, respectively, of this chapter is less than twelve months, every
taxpayer required to make a declaration of estimated tax or a
declaration of estimated tax surcharge for such privilege period shall
make such a declaration in accordance with regulations of the
commissioner of taxation and finance.
(h) Extension of time.--The tax commission may grant a reasonable
extension of time, not to exceed three months, for the filing of any
declaration required pursuant to this section, on such terms and
conditions as it may require.
declaration.--Every taxpayer subject to the tax imposed by section two
hundred nine of this chapter shall make a declaration of its estimated
tax for the current privilege period, containing such information as the
commissioner of taxation and finance may prescribe by regulations or
instructions, if such estimated tax can reasonably be expected to exceed
one thousand dollars. If a taxpayer is subject to the tax surcharge
imposed under section two hundred nine-B of this article and such
taxpayer's estimated tax under section two hundred nine of this article
can reasonably be expected to exceed one thousand dollars, such taxpayer
shall also make a declaration of its estimated tax surcharge for the
current privilege period.
(b) Definition of estimated tax and estimated tax surcharge.--The
terms "estimated tax" and "estimated tax surcharge" mean the amounts
which a taxpayer estimates to be the tax or tax surcharge imposed by
section two hundred nine or two hundred nine-B, respectively, of this
chapter for the current privilege period, less the amount which it
estimates to be the sum of any credits allowable against the tax or tax
surcharge, respectively.
(c) Time for filing declaration.--A declaration of estimated tax and a
declaration of estimated tax surcharge shall be filed on or before June
fifteenth of the current privilege period in the case of a taxpayer
which reports on the basis of a calendar year, except that if the
requirements of subdivision (a) are first met:
(1) after May thirty-first and before September first of such current
privilege period, the declaration shall be filed on or before September
fifteenth, or
(2) after August thirty-first and before December first of such
current privilege period, the declaration shall be filed on or before
December fifteenth.
(d) Amendments of declaration.--A taxpayer may amend a declaration
under regulations of the tax commission.
(e) Report as declaration.--If, on or before February fifteenth of the
succeeding year in the case of a taxpayer which reports on the basis of
a calendar year, a taxpayer files its report for the year for which the
declaration is required, and pays therewith the balance, if any, of the
full amount of the tax or tax surcharge shown to be due on the report,
(i) such report shall be considered as its declaration if no
declaration was required to be filed during the calendar or fiscal year
for which the tax or tax surcharge was imposed, but is otherwise
required to be filed on or before December fifteenth pursuant to
subdivision (c),
(ii) such report shall be considered as the amendment permitted by
subdivision (d) to be filed on or before December fifteenth if the tax
or tax surcharge shown on the report is greater than the estimated tax
or estimated tax surcharge, as the case may be, shown on a declaration
previously made.
(f) Fiscal year.--This section shall apply to privilege periods of
twelve months other than a calendar year by the substitution of the
months of such fiscal year for the corresponding months specified in
this section.
(g) Short privilege period.--If the privilege period for which a tax
or tax surcharge is imposed by section two hundred nine or two hundred
nine-B, respectively, of this chapter is less than twelve months, every
taxpayer required to make a declaration of estimated tax or a
declaration of estimated tax surcharge for such privilege period shall
make such a declaration in accordance with regulations of the
commissioner of taxation and finance.
(h) Extension of time.--The tax commission may grant a reasonable
extension of time, not to exceed three months, for the filing of any
declaration required pursuant to this section, on such terms and
conditions as it may require.