N.Y. Tax Law § 188: Tax surcharge

§ 188. Tax surcharge. 1. In addition to the taxes imposed under

sections one hundred eighty-three, one hundred eighty-four, one hundred

eighty-six and one hundred eighty-six-a of this article, there is hereby

imposed, for years ending on December thirty-first, nineteen hundred

ninety, nineteen hundred ninety-one, nineteen hundred ninety-two,

nineteen hundred ninety-three, nineteen hundred ninety-four, nineteen

hundred ninety-five and nineteen hundred ninety-six, and, in addition to

the tax imposed under section one hundred eighty-six-e of this article,

there is hereby imposed, for years ending on December thirty-first,

nineteen hundred ninety-five and nineteen hundred ninety-six, a tax

surcharge at the rate of fifteen percent in the case of years ending on

December thirty-first, nineteen hundred ninety, nineteen hundred

ninety-one, nineteen hundred ninety-two and nineteen hundred

ninety-three, and until such rate is superseded; at the rate of ten

percent in the case of years ending on December thirty-first, nineteen

hundred ninety-four, and until such rate is superseded; at the rate of

five percent in the case of years ending on December thirty-first,

nineteen hundred ninety-five, and until such rate is superseded; and at

the rate of zero percent in the case of years ending on December

thirty-first, nineteen hundred ninety-six, of the tax imposed under

sections one hundred eighty-three, one hundred eighty-four, one hundred

eighty-six, one hundred eighty-six-a and one hundred eighty-six-e of

this article, after deduction of any credits against tax otherwise

allowable under this article. However, the tax surcharge imposed by this

section shall not be imposed upon any taxpayer for more than eighty-four

months (or twenty-four months, in the case of the tax imposed under

section one hundred eighty-six-e). The credits against tax otherwise

allowable under this article shall not be allowed against the tax

surcharge imposed by this section. Provided that, with respect to the

year ending on December thirty-first, nineteen hundred ninety-one, the

foregoing tax surcharge imposed under this section with respect to such

section one hundred eighty-six-a of this article shall be computed based

upon the tax liability under such section for such period undiminished

by the application of any utility credit under article thirteen-A of

this chapter. Provided, further, that in addition to the aforesaid tax

surcharge imposed with respect to such section one hundred eighty-six-a

of this article for the year ending on December thirty-one, nineteen

hundred ninety-one, for such year there is also hereby imposed an amount

in addition to such surcharge; such additional amount shall be equal to

fifteen percent of the total amount of the utility credit under article

thirteen-A of this chapter which was applied against tax liability under

such section one hundred eighty-six-a of this article for the tax year

ending December thirty-first, nineteen hundred ninety.

1-a. Insofar as subdivision one of this section establishes a rate of

fifteen percent in the case of years ending on December thirty-first,

nineteen hundred ninety-three and until such rate is superseded, a rate

of ten percent in the case of years ending on December thirty-first,

nineteen hundred ninety-four and until such rate is superseded, a rate

of five percent in the case of years ending on December thirty-first,

nineteen hundred ninety-five and until such rate is superseded, and a

rate of zero percent in the case of years ending on December

thirty-first, nineteen hundred ninety-six, the transition from such rate

of fifteen percent to such rate of ten percent, from such rate of ten

percent to such rate of five percent, and from such rate of five percent

to such rate of zero percent, shall be deemed to occur, respectively, on

the first day of the seventh month of each of such years ending on

December thirty-first, nineteen hundred ninety-four, nineteen hundred

ninety-five and nineteen hundred ninety-six, with the result that for

purposes of implementation of such changes in rates, and notwithstanding

such subdivision one, there is hereby imposed with respect to all years

ending on December thirty-first, nineteen hundred ninety-four, including

years of fewer than twelve months, a tax surcharge at the rate of twelve

and one-half percent; there is hereby imposed with respect to all years

ending on December thirty-first, nineteen hundred ninety-five, including

years of fewer than twelve months, a tax surcharge at the rate of seven

and one-half percent; and there is hereby imposed with respect to all

years ending on December thirty-first, nineteen hundred ninety-six,

including years of fewer than twelve months, a tax surcharge at the rate

of two and one-half percent.

2. The provisions concerning reports under sections one hundred

eighty-six-a, one hundred eighty-six-e and one hundred ninety-two of

this article shall be applicable to this section, except that the report

covering the tax surcharge computed on the tax imposed under section one

hundred eighty-three of this article shall be filed on or before the

date one year after the date on which the report of such tax is required

to be filed. An extension pursuant to section one hundred ninety-three

shall be allowed, for taxable years to which the tax surcharge imposed

by this section applies, only if a taxpayer files with the commissioner

an application for extension in such form as said commissioner may

prescribe, and pays on or before the date of such filing in addition to

any other amounts required under this article, either ninety percent of

the tax surcharge required to be paid under this section for the

applicable period or not less than the tax surcharge shown on the

taxpayer's report for the preceding period, if such preceding period

consisted of twelve months, or in the case of the tax surcharge for the

year ending December thirty-first, nineteen hundred ninety, fifteen

percent of the tax after the deduction of credits, shown on the

taxpayer's report for the year ending December thirty-first, nineteen

hundred eighty-nine if such year consisted of twelve months. The tax

surcharge imposed by this section shall be payable to the commissioner

in full at the time the report is required to be filed.

3. Except as otherwise provided in this section, all of the provisions

of this article, except for sections one hundred eighty-three-a, one

hundred eighty-four-a, one hundred eighty-six-b, one hundred

eighty-six-c and two hundred five, shall apply to the tax surcharge

imposed by this section with such modifications as may be necessary to

adapt such language to the tax surcharge imposed by this section. Such

provisions shall apply with the same force and effect as if those

provisions had been set forth in full in this section except to the

extent that any provision is either inconsistent with a provision of

this section or not relevant to the tax surcharge imposed by this

section, and to that end a reference in this article to the tax imposed

by section one hundred eighty-three, one hundred eighty-four, one

hundred eighty-six, one hundred eighty-six-a or one hundred eighty-six-e

of this article shall be read as a reference to the tax surcharge

imposed by this section, and to the sum of such tax and such tax

surcharge in the case of sections one hundred ninety-seven-a and one

hundred ninety-seven-b of this article and such other provisions

requiring such reading in order to effectuate the purposes of this

provision, unless a different meaning is clearly required.

4. The amount of tax surcharge imposed pursuant to this section shall

not be included in any calculation of a tax surcharge imposed pursuant

to section one hundred eighty-three-a, one hundred eighty-four-a, one

hundred eighty-six-b or one hundred eighty-six-c of this article.