N.Y. Tax Law § 213-A — Declaration of estimated tax

§ 213-a. Declaration of estimated tax.-- (a) Requirement of\ndeclaration.--Every taxpayer subject to the tax imposed by section two\nhundred nine of this article shall make a declaration of its estimated\ntax for the current privilege period, containing such information as the\ncommissioner of taxation and finance may prescribe by regulations or\ninstructions, if such estimated tax can reasonably be expected to exceed\none thousand dollars for taxable years beginning before January first,\ntwo thousand twenty-six, or five thousand dollars for taxable years\nbeginning on or after January first, two thousand twenty-six. If a\ntaxpayer is subject to the tax surcharge imposed under section two\nhundred nine-B of this article and such taxpayer's estimated tax under\nsection two hundred nine of this article can reasonably be expected to\nexceed one thousand dollars for taxable years beginning before January\nfirst, two thousand twenty-six, or five thousand dollars for taxable\nyears beginning on or after January first, two thousand twenty-six, such\ntaxpayer shall also make a declaration of its estimated tax surcharge\nfor the current privilege period.\n (b) Definition of estimated tax and estimated tax surcharge.--The\nterms "estimated tax" and "estimated tax surcharge" mean the amounts\nwhich a taxpayer estimates to be the tax or tax surcharge imposed by\nsection two hundred nine or two hundred nine-B, respectively, of this\nchapter for the current privilege period, less the amount which it\nestimates to be the sum of any credits allowable against the tax or tax\nsurcharge, respectively.\n (c) Time for filing declaration.--A declaration of estimated tax and a\ndeclaration of estimated tax surcharge shall be filed on or before June\nfifteenth of the current privilege period in the case of a taxpayer\nwhich reports on the basis of a calendar year, except that if the\nrequirements of subdivision (a) are first met:\n (1) after May thirty-first and before September first of such current\nprivilege period, the declaration shall be filed on or before September\nfifteenth, or\n (2) after August thirty-first and before December first of such\ncurrent privilege period, the declaration shall be filed on or before\nDecember fifteenth.\n (d) Amendments of declaration.--A taxpayer may amend a declaration\nunder regulations of the tax commission.\n (e) Report as declaration.--If, on or before February fifteenth of the\nsucceeding year in the case of a taxpayer which reports on the basis of\na calendar year, a taxpayer files its report for the year for which the\ndeclaration is required, and pays therewith the balance, if any, of the\nfull amount of the tax or tax surcharge shown to be due on the report,\n (i) such report shall be considered as its declaration if no\ndeclaration was required to be filed during the calendar or fiscal year\nfor which the tax or tax surcharge was imposed, but is otherwise\nrequired to be filed on or before December fifteenth pursuant to\nsubdivision (c),\n (ii) such report shall be considered as the amendment permitted by\nsubdivision (d) to be filed on or before December fifteenth if the tax\nor tax surcharge shown on the report is greater than the estimated tax\nor estimated tax surcharge, as the case may be, shown on a declaration\npreviously made.\n (f) Fiscal year.--This section shall apply to privilege periods of\ntwelve months other than a calendar year by the substitution of the\nmonths of such fiscal year for the corresponding months specified in\nthis section.\n (g) Short privilege period.--If the privilege period for which a tax\nor tax surcharge is imposed by section two hundred nine or two hundred\nnine-B, respectively, of this chapter is less than twelve months, every\ntaxpayer required to make a declaration of estimated tax or a\ndeclaration of estimated tax surcharge for such privilege period shall\nmake such a declaration in accordance with regulations of the\ncommissioner of taxation and finance.\n (h) Extension of time.--The tax commission may grant a reasonable\nextension of time, not to exceed three months, for the filing of any\ndeclaration required pursuant to this section, on such terms and\nconditions as it may require.\n