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This entry was published on 2022-04-29
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SECTION 872
Filing of return and payment of tax
Tax (TAX) CHAPTER 60, ARTICLE 24-B
§ 872. Filing of return and payment of tax. (a) General. On or before
March fifteenth following the close of the taxable year, each electing
city partnership and each electing city resident S corporation must file
a return for the taxable year reporting the information required
pursuant to this article. For each electing city partnership and each
electing city resident S corporation that has a fiscal taxable year, the
return is due on or before March fifteenth following the close of the
calendar year that contains the final day of the electing city
partnership's or electing city resident S corporation's taxable year.

(b) Certification of eligibility. Every return filed pursuant to
subsection (a) of this section shall include, in a format as prescribed
by the commissioner, a certification by an individual authorized to act
on behalf of the electing city partnership or electing city resident S
corporation that such electing city partnership or electing city
resident S corporation:

(1) Made a timely, valid election to be subject to tax pursuant to
this article; and

(2) That all statements contained therein are true.

(c) Information on the electing city partnership return. Each electing
city partnership shall report on such return:

(1) Any tax due pursuant to this article. The balance of any tax shown
on such return, not previously paid as installments of estimated tax,
shall be paid with such return;

(2) Identifying information of all partners and/or members who are
city taxpayers and eligible to receive a credit pursuant to section
eight hundred seventy of this article;

(3) Each partner's and/or member's direct share of the city
pass-through entity tax imposed on the electing city partnership;

(4) Each partner's and/or member's distributive share of the city
pass-through entity taxable income calculated pursuant to paragraph one
of subsection (b) of section eight hundred sixty-seven of this article;

(5) The classification, as applicable, of each partner and/or member
as a city resident individual for purposes of calculating the electing
city partnership's city pass-through entity taxable income; and

(6) Any other information as required by the commissioner.

(d) Information on electing city resident S corporation return. Each
electing city resident S corporation shall report on such return:

(1) Any tax due pursuant to this article. The balance of any tax shown
on such return, not previously paid as installments of estimated tax,
shall be paid with such return;

(2) Identifying information of all shareholders who are city taxpayers
and eligible to receive a credit pursuant to section eight hundred
seventy of this article;

(3) Each shareholder's direct share of the pass-through entity tax
imposed on the electing city resident S corporation;

(4) Each shareholder's distributive share of the city pass-through
entity taxable income calculated pursuant to paragraph two of subsection
(b) of section eight hundred sixty-seven of this article; and

(5) Any other information as required by the commissioner.

(e) Special rules for partners, members and shareholders that are
disregarded entities. To meet the requirements of paragraph two of
subsection (c) of this section for an electing city partnership or
paragraph two of subsection (d) of this section for an electing city
resident S corporation, the electing city partnership or electing city
resident S corporation must provide information sufficient to identify
both the disregarded entity that is a partner, member and/or shareholder
and the city taxpayer eligible for a credit under subsection (a) of
section eight hundred seventy of this article.

(f) Extensions and amendments. (1) The commissioner may grant a
reasonable extension of time for payment of tax or estimated tax (or any
installment), or for filing any return, statement, or other document
required pursuant to this article, on such terms and conditions as it
may require. No such extension for filing any return, statement or other
document, shall exceed six months.

(2) No amended returns. Once a return has been filed by an electing
city partnership or electing city resident S corporation, it may not be
amended without the consent of or otherwise authorized by the
commissioner.

(g) Information provided to partners. Each electing city partnership
subject to tax under this article shall report to each partner or member
the following:

(1) Classification, as applicable, as a city resident individual for
purposes of calculating the electing city partnership's city
pass-through entity taxable income;

(2) Direct share of the city pass-through entity tax imposed on the
electing city partnership; and

(3) Any other information as required by the commissioner.

(h) Information provided to shareholders. Each electing city resident
S corporation subject to tax under this article shall report to each
shareholder the following:

(1) The shareholder's direct share of the pass-through entity tax
imposed on the electing city resident S corporation; and

(2) Any other information as required by the commissioner.