N.Y. Tax Law § 1137-a: Returns of estimated tax and payments

§ 1137-A. Returns of estimated tax and payments. (a) Notwithstanding

any other provision of this article, every person whose taxable

receipts, amusement charges and rents totaled three hundred thousand

dollars or more in the quarterly period ending November thirtieth,

nineteen hundred seventy-five, shall file, with or as part of the

quarterly return and payment due March twentieth, nineteen hundred

seventy-six, a return setting forth the total sales and compensating use

taxes estimated to be payable by such person for the month of March,

nineteen hundred seventy-six calculated for such month in the manner set

forth in subdivisions (a) and (b) of section eleven hundred thirty-seven

and pay to the tax commission the tax so calculated. Any adjustment

necessary to properly report and pay the tax for March, nineteen hundred

seventy-six shall be reported on and paid with the monthly return due

April twentieth, nineteen hundred seventy-six. The penalty provided for

in subdivision (a) of section eleven hundred forty-five shall apply for

purposes of the return and payment of estimated tax required to be filed

and paid under this subdivision. Provided, however, no penalty or

interest shall be payable with respect to such return and payment of

estimated tax if such return is timely filed, accompanied by a payment

of not less than ninety percent of the tax as finally determined to be

due and payable for March, nineteen hundred seventy-six. Provided,

further, that interest at the rate authorized under subdivision nine of

section eleven hundred forty-two, shall be payable upon the amount of

any underpayment of the tax due with such return, but not beyond April

twentieth, nineteen hundred seventy-six.

(b) For the period commencing March first, nineteen hundred

seventy-seven and ending February twenty-eighth, nineteen hundred

eighty-three, every person required to file a monthly return pursuant to

subdivision (a) of section eleven hundred thirty-six, shall file, on or

before each twentieth day of March, with or as part of the monthly

return and payment otherwise due in such month, either: (i) a

long-form, part-quarterly return setting forth the total sales and

compensating use taxes estimated to be payable by such person for such

month of March calculated for such month in the manner set forth in

subdivisions (a) and (b) of section eleven hundred thirty-seven; or,

(ii) in the event such person is otherwise eligible and so elects, a

short-form, part-quarterly return, and in either case, pay to the tax

commission the tax calculated thereunder. Any adjustment necessary to

properly report and pay the tax for March shall be reported on and paid

with the monthly return due in April.

(c) For the period commencing March first, nineteen hundred

eighty-three and ending February twenty-eight, nineteen hundred

ninety-one, every person required to file a monthly return pursuant to

subdivision (a) of section eleven hundred thirty-six of this article,

shall file, on or before each twentieth day of March, with or as part of

the monthly return and payment otherwise due in such month, a March

estimated return setting forth, either: (i) the sales and compensating

use taxes estimated to be payable by such person for such month of March

calculated for such month in the manner set forth in paragraph two of

subdivision (c) of section eleven hundred thirty-seven; or, (ii) in the

event such person has had at least four successive quarterly tax periods

immediately preceding the March for which the return is to be filed and

so elects, one-third of the sales and compensating use taxes payable by

such person to the commissioner for the comparable quarter of the

immediately preceding year calculated for such comparable quarter in the

manner set forth in paragraph one of subdivision (c) of section eleven

hundred thirty-seven. In either case, such person shall pay to the

commissioner the tax so calculated. Any adjustment necessary to properly

report and pay the tax for March shall be reported on and paid with the

monthly return due in April.

(d) Except as otherwise provided in this article and to the extent not

inconsistent with this section, all of the provisions of this article

shall apply for purposes of the estimated tax provided for in this

section.