N.Y. General City Law art. 2-D, § 54: Employer's return and payment of withheld taxes

§ 54. Employer's return and payment of withheld taxes.--(a) General.--

Every employer required to deduct and withhold tax under this local law

shall, for each calendar month, on or before the fifteenth day of the

month following the close of such calendar month, file a withholding

return as prescribed by the administrator and pay over to the

administrator or to a depositary designated by the administrator, the

taxes so required to be deducted and withheld, except that for the month

of December in any year, the return shall be filed and the taxes paid on

or before January thirty-first of the succeeding year. Where the

aggregate amount required to be deducted and withheld by any employer

under this local law and under any local law imposing a tax on earnings

of nonresidents of the city adopted by the city pursuant to authority

granted by the general city law is less than twenty-five dollars in a

calendar month and the aggregate of such taxes for the semi-annual

period ending on June thirtieth and December thirty-first can reasonably

be expected to be less than one hundred fifty dollars, the administrator

may, by regulation, permit an employer to file a return on or before

July thirty-first for the semi-annual period ending on June thirtieth

and on or before January thirty-first for the semi-annual period ending

on December thirty-first. The administrator may, if he believes such

action necessary for the protection of the revenues, require any

employer to make a return and pay to him the tax deducted and withheld

at any time, or from time to time. Where the amount of wages paid by an

employer is not sufficient under this local law and under any local law

imposing a tax on earnings of nonresidents of the city adopted by the

city pursuant to authority granted by the general city law to require

the withholding of tax from the wages of any of his employees, the

administrator may, by regulation, permit such employer to file an annual

return on or before February twenty-eighth of the following calendar

year.

(b) Combined returns. The administrator may by regulation provide for

the filing of one return which shall include the return required to be

filed under this section, together with the employer's return required

to be filed under any local law imposing a tax on earnings of

nonresidents of the city adopted by the city pursuant to authority

granted by the general city law.

(c) Deposit in trust for city. Whenever any employer fails to collect,

truthfully account for, pay over the tax, or make returns of the tax as

required in this section, the administrator may serve a notice requiring

such employer to collect the taxes which become collectible after

service of such notice, to deposit such taxes in a bank approved by the

administrator, in a separate account, in trust for the city and payable

to the administrator, and to keep the amount of such tax in such account

until payment over to the administrator. Such notice shall remain in

effect until a notice of cancellation is served by the administrator.