N.Y. Tax Law § 1326: Returns and liabilities

§ 1326. Returns and liabilities. (a) General. On or before the

fifteenth day of the fourth month following the close of a taxable year,

a city income tax surcharge return under a city income tax surcharge

imposed pursuant to the authority of this article shall be made and

filed by or for every city resident individual, estate or trust required

to file a New York state personal income tax return for the taxable

year.

(b) Husband and wife. (1) If the New York state personal income tax

liabilities of husband and wife are determined on separate returns,

their city income tax surcharge liabilities and returns shall be

separate.

(2) If the New York state personal income tax liabilities of husband

and wife (other than a husband and wife described in paragraph three of

this subsection) are determined on a joint return, they shall file a

joint city income tax surcharge return, and their city income tax

surcharge liabilities shall be joint and several except as provided in

paragraph five of this subsection, section six hundred fifty-four and

subsection (e) of section six hundred eighty-five of this chapter.

(3) If either husband or wife is a city resident and the other is a

city nonresident, and their New York state personal income tax

liabilities are determined on a joint return:

(A) they may elect to file a joint city income tax surcharge return as

if both were residents, in which case their city income tax surcharge

liabilities shall be joint and several except as provided in paragraph

five of this subsection, section six hundred fifty-four and subsection

(e) of section six hundred eighty-five of this chapter, or

(B) the resident spouse may elect to file a separate city income tax

surcharge return, in which case his city income tax surcharge liability

shall be determined as if he were filing a separate New York state

personal income tax return.

(5) If a joint return has been made pursuant to this subsection for a

taxable year and only one spouse is liable for past-due support, or a

past-due legally enforceable debt, or a city of New York tax warrant

judgment debt, or an amount of a default in repayment of a guaranteed

student, state university or city university loan of which the

commissioner of taxation and finance has been notified pursuant to

section one hundred seventy-one-c, one hundred seventy-one-d, one

hundred seventy-one-e, one hundred seventy-one-f or one hundred

seventy-one-l of this chapter, as the case may be, then an overpayment

and interest thereon shall be credited against such past-due support, or

a past-due legally enforceable debt, or a city of New York tax warrant

judgment debt, or such amount of a default in repayment of a guaranteed

student, state university or city university loan, unless the spouse not

liable for such past-due support, or a past-due legally enforceable

debt, or a city of New York tax warrant judgment debt, or such amount of

a default in repayment of a guaranteed student, state university or city

university loan demands, on a declaration made in accordance with

regulations or instructions prescribed by the commissioner of taxation

and finance, that the portion of the overpayment and interest

attributable to such spouse not be credited against the past-due

support, or a past-due legally enforceable debt, or a city of New York

tax warrant judgment debt, or amount of a default in repayment of a

guaranteed student, state university or city university loan owed by the

other spouse. Upon such demand the commissioner of taxation and finance

shall determine the amount of the overpayment attributable to each

spouse in accordance with regulations prescribed by the commissioner of

taxation and finance and credit only that portion of the overpayment and

interest thereon attributable to the spouse liable for past-due support,

or a past-due legally enforceable debt, or a city of New York tax

warrant judgment debt, or amount of a default in repayment of a

guaranteed student, state university or city university loan against

such past-due support, or a past-due legally enforceable debt, or a city

of New York tax warrant judgment debt, or such amount of a default in

repayment of a guaranteed student, state university or city university

loan.

(6) The commissioner shall clearly alert married taxpayers, on all

appropriate publications and instructions, that their liability for tax

will be joint and several if they file joint income tax returns. The

commissioner shall include notice of an individual's right to relief

from joint and several liability pursuant to section six hundred

fifty-four of this chapter in the disclosure of rights statement

required by section three thousand four of this chapter and in any

notice regarding collection of tax due with respect to a liability on a

joint return.

(c) Decedents. The return for any deceased individual shall be made

and filed by his executor, administrator, or other person charged with

his property. If a final return of a decedent is for a fractional part

of a year, the due date of such return shall be the fifteenth day of the

fourth month following the close of the twelve-month period which began

with the first day of such fractional part of the year.

(d) Individuals under a disability. The return for an individual who

is unable to make a return by reason of minority or other disability

shall be made and filed by his guardian, committee, fiduciary or other

person charged with the care of his person or property (other than a

receiver in possession of only a part of his property), or by his duly

authorized agent.

(e) Estates and trusts. The return for an estate or trust shall be

made and filed by the fiduciary.

(f) Joint fiduciaries. If two or more fiduciaries are acting jointly,

the return may be made by any one of them.