N.Y. Tax Law § 197-a: Declaration of estimated tax

§ 197-a. Declaration of estimated tax. 1. Every taxpayer subject to

the taxes imposed under sections one hundred eighty-two, one hundred

eighty-two-a, former section one hundred eighty-two-b, one hundred

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

this article shall make a declaration of its estimated tax for the

current taxable year, containing such information as the commissioner

may prescribe by regulations or instructions, if such estimated tax can

reasonably be expected to exceed one thousand dollars. If a taxpayer is

subject to the tax surcharge imposed under section one hundred

eighty-four-a or one hundred eighty-six-c of this article and such

taxpayer's estimated tax under section one hundred eighty-four or one

hundred eighty-six-a of this article, respectively, can reasonably be

expected to exceed one thousand dollars, such taxpayer shall also make a

declaration of its estimated tax surcharge for the current taxable year.

2. The terms "estimated tax" and "estimated tax surcharge" mean the

amounts which the taxpayer estimates to be the taxes or tax surcharges,

respectively, imposed by the sections enumerated in subdivision one

hereof for the current taxable year, less the sum of any credits which

it estimates to be allowable against such taxes or tax surcharges,

respectively.

3. A declaration of estimated tax and a declaration of estimated tax

surcharge shall be filed on or before June fifteenth of the current

taxable year in the case of a taxpayer which reports on the basis of a

calendar year, except that if the requirements of subdivision one of

this section are first met:

(a) after May thirty-first and before September first of such current

taxable year, the declaration shall be filed on or before September

fifteenth, or

(b) after August thirty-first and before December first of such

current taxable year, the declaration shall be filed on or before

December fifteenth.

4. A taxpayer may amend a declaration of estimated tax or a

declaration of estimated tax surcharge under regulations prescribed by

the commissioner of taxation and finance.

5. If, on or before February fifteenth of the succeeding year in the

case of a taxpayer whose taxable year is a calendar year, a taxpayer

files its return for the year for which the declaration is required, and

pays therewith the balance, if any, of the full amount of the tax or tax

surcharge shown to be due on the return:

(a) such return shall be considered as its declaration if no

declaration was required to be filed during the taxable year for which

the tax or tax surcharge was imposed, but is otherwise required to be

filed on or before December fifteenth pursuant to paragraph (b) of

subdivision three of this section, and

(b) such return shall be considered as the amendment permitted by

subdivision four of this section to be filed on or before December

fifteenth if the tax or tax surcharge shown on the return is greater

than the estimated tax or estimated tax surcharge, as the case may be,

shown on a declaration previously made.

6. If the taxable period for which a tax or tax surcharge is imposed

under any of the sections enumerated in subdivision one hereof is other

than twelve months, every taxpayer required to make a declaration of

estimated tax or a declaration of estimated tax surcharge for such

taxable period shall make such declaration in accordance with rules of

the commissioner.

7. This section shall apply to taxable periods of twelve months other

than a calendar year by the substitution of the months of such fiscal

year for the corresponding months specified in this section.

8. The tax commission may grant a reasonable extension of time, not to

exceed three months, for the filing of any declaration required pursuant

to this section, on such terms and conditions as it may require.