N.Y. General City Model 772/66 § 3: Imposition of tax; exemptions

§ 3. Imposition of tax; exemptions. 1. For the privilege of doing

business in the city in a corporate or organized capacity for all or any

part of each of its fiscal or calendar years, every domestic or foreign

corporation, except corporations specified in subdivision four of this

section, shall annually pay a tax, upon the basis of its entire net

income, or upon such other basis as may be applicable as hereinafter

provided, for such fiscal or calendar year or part thereof, on a report

which shall be filed, except as hereinafter provided, on or before the

fifteenth day of March next succeeding the close of each such year, or,

in the case of a taxpayer which reports on the basis of a fiscal year,

within two and one-half months after the close of such fiscal year, and

shall be paid as hereinafter provided.

2. The holding of real property in the city shall be deemed to be

doing business in the city within the meaning of this part. A

corporation shall not be deemed to be doing business in the city, for

the purposes of this part, by reason of (a) the maintenance of cash

balances with banks or trust companies in the city, or (b) the ownership

of shares of stock or securities kept in the city, if kept in a safe

deposit box, safe, vault or other receptacle rented for the purpose, or

if pledged as collateral security, or if deposited with one or more

banks or trust companies, or brokers who are members of a recognized

security exchange, in safekeeping or custody accounts, or (c) the taking

of any action by any such bank or trust company or broker, which is

incidental to the rendering of safekeeping or custodian service to such

corporation, or (d) any combination of the foregoing activities.

3. Any receiver, referee, trustee, assignee or other fiduciary, or any

officer or agent appointed by any court, who conducts the business of

any corporation, shall be subject to the tax imposed by this part in the

same manner and to the same extent as if the business were conducted by

the agents or officers of such corporation. A dissolved corporation

which continues to conduct business shall also be subject to the tax

imposed by this part.

4. Corporations subject to tax under part three, part four or part

five, or under a local law of the city imposing a tax on utilities, and

any trust company organized under a law of this state all of the stock

of which is owned by not less than twenty savings banks organized under

a law of this state, and housing companies organized and operating

pursuant to the provisions of article two, article four or article five

of the private housing finance law, shall not be subject to tax under

this part; provided, however, that corporations, other than utility

corporations subject to the supervision of the state department of

public service, which are subject to tax under a local law of the city

imposing a tax on vendors of utility services shall be subject to tax

under this part on that percentage of their entire net income allocable

to the city under section four which their receipts other than those

taxable under such local law taxing vendors of utility services is of

their total receipts.

5. The tax imposed by subdivision one of this section, with the

modifications provided by subdivision six of this section, is imposed

for each calendar or fiscal year beginning with calendar or fiscal years

ending in or with the calendar year nineteen hundred sixty-six.

6. (a) The tax for any taxable year ending prior to December

thirty-first, nineteen hundred sixty-six shall be an amount equal to the

tax imposed by subdivision one of this section for such taxable year,

multiplied by the number of months (or major portions thereof) in such

taxable year which occur after December thirty-first, nineteen hundred

sixty-five and divided by the number of months (or major portions

thereof) in such taxable year.

(b) In lieu of the method of computation of tax prescribed in

paragraph (a) of this subdivision, if the taxpayer maintained adequate

records for the portion of any taxable year ending prior to December

thirty-first, nineteen hundred sixty-six, which portion falls within the

calendar year nineteen hundred sixty-six, it may elect to compute the

tax for such taxable year by determining entire net income on the basis

of the entire taxable income which it would have reported for federal

income tax purposes had it filed a federal income tax return for a

taxable year beginning January first, nineteen hundred sixty-six and

ending with the close of its actual taxable year and such taxable year

beginning January first, nineteen hundred sixty-six, shall be deemed to

be the period covered by its report, except that in computing such tax

any portion of a capital loss which results from a capital loss

carryover and any net operating loss deduction, as modified pursuant to

paragraph (f) of subdivision eight of section two shall be reduced by

the same part of such portion of such capital loss or of such net

operating loss deduction (as the case may be) as the number of months (

or major portions thereof) in the taxable year occurring before January

first, nineteen hundred sixty-six is of the number of months (or major

portions thereof) in such taxable year.