N.Y. Tax Law § 211: Reports

§ 211. Reports. 1. Every taxpayer shall annually on or before March

fifteenth, for taxable years beginning before January first, two

thousand sixteen, and annually on or before April fifteenth, for taxable

years beginning on or after January first, two thousand sixteen,

transmit to the commissioner a report in a form prescribed by the

commissioner (except that a corporation which reports on the basis of a

fiscal year shall transmit its report within two and one-half months

after the close of its fiscal year, for taxable years beginning before

January first, two thousand sixteen, and on or before the fifteenth day

of the fourth month after the close of its fiscal year, for taxable

years beginning on or after January first, two thousand sixteen, and

except, also, that a corporation which is a DISC shall transmit its

report on or before the fifteenth day of the ninth month following the

close of its calendar or fiscal year), setting forth such information as

the commissioner may prescribe and every taxpayer which ceases to

exercise its franchise or to be subject to the tax imposed by this

article shall transmit to the commissioner a report on the date of such

cessation or at such other time as the commissioner may require covering

each year or period for which no report was theretofore filed. In the

case of a termination year of an S corporation, the S short year and the

C short year shall be treated as separate short taxable years, provided,

however, the due date of the report for the S short year shall be the

same as the due date of the report for the C short year. Every taxpayer

shall also transmit such other reports and such facts and information as

the commissioner may require in the administration of this article. The

commissioner may grant a reasonable extension of time for filing reports

whenever good cause exists.

An automatic extension of six months for the filing of its annual

report shall be allowed any taxpayer if, within the time prescribed by

the preceding paragraph, such taxpayer files with the commissioner an

application for extension in such form as the commissioner may prescribe

by regulation and pays on or before the date of such filing the amount

properly estimated as its tax.

2. Every report shall have annexed thereto a certification by the

president, vice-president, treasurer, assistant treasurer, chief

accounting officer or any other officer of the taxpayer duly authorized

so to act to the effect that the statements contained therein are true.

In the case of an association, within the meaning of paragraph three of

section (a) of section seventy-seven hundred one of the internal revenue

code, a publicly traded partnership treated as a corporation for

purposes of the internal revenue code pursuant to section seventy-seven

hundred four thereof and any business conducted by a trustee or trustees

wherein interest or ownership is evidenced by certificates or other

written instruments such certification shall be made by any person duly

authorized so to act on behalf of such association, publicly traded

partnership or business. The fact that an individual's name is signed on

a certification of the report shall be prima facie evidence that such

individual is authorized to sign and certify the report on behalf of the

corporation. Blank forms of reports shall be furnished by the

commissioner of taxation and finance, on application, but failure to

secure such a blank shall not release any corporation from the

obligation of making any report required by this article.

2-a. The commissioner may prescribe regulations and instructions

requiring returns of information to be made and filed in conjunction

with the reports required to be filed pursuant to this article, relating

to payments made to shareholders owning, directly or indirectly,

individually or in the aggregate, more than fifty percent of the issued

capital stock of the taxpayer, where such payments are treated as

payments of interest in the computation of entire net income reported on

such reports.

3. If the amount of taxable income for any year of any taxpayer

(including any taxpayer which has elected to be taxed under subchapter s

of chapter one of the internal revenue code), as returned to the United

States treasury department is changed or corrected by the commissioner

of internal revenue or other officer of the United States or other

competent authority, or where a renegotiation of a contract or

subcontract with the United States results in a change in taxable

income, such taxpayer shall report such changed or corrected taxable

income, or the results of such renegotiation, within ninety days (or one

hundred twenty days, in the case of a taxpayer making a combined report

under this article for such year) after the final determination of such

change or correction or renegotiation, or as required by the

commissioner, and shall concede the accuracy of such determination or

state wherein it is erroneous. Provided however, if the taxpayer is a

direct or indirect partner of a partnership required to report

adjustments in accordance with section six hundred fifty-nine-a of this

chapter, such taxpayer shall also report such adjustments in accordance

with section six hundred fifty-nine-a of this chapter. The allowance of

a tentative carryback adjustment based upon a net operating loss

carryback or net capital loss carryback pursuant to section sixty-four

hundred eleven of the internal revenue code, as amended, shall be

treated as a final determination for purposes of this subdivision. Any

taxpayer filing an amended return with such department shall also file

within ninety days (or one hundred twenty days, in the case of a

taxpayer making a combined report under this article for such year)

thereafter an amended report with the commissioner.

4. For provisions relating to combined reports, see section two

hundred ten-C of this article.

5. In case it shall appear to the commissioner that any agreement,

understanding or arrangement exists between the taxpayer and any other

corporation or any person or firm, whereby the activity, business,

income or capital of the taxpayer within the state is improperly or

inaccurately reflected, the commissioner is authorized and empowered, in

the commissioner's discretion and in such manner as the commissioner may

determine, to adjust items of income, deductions and capital, and to

eliminate assets in computing any apportionment percentage provided only

that any income directly traceable thereto be also excluded from entire

net income, so as equitably to determine the tax. Where (a) any taxpayer

conducts its activity or business under any agreement, arrangement or

understanding in such manner as either directly or indirectly to benefit

its members or stockholders, or any of them, or any person or persons

directly or indirectly interested in such activity or business, by

entering into any transaction at more or less than a fair price which,

but for such agreement, arrangement or understanding, might have been

paid or received therefor, or (b) any taxpayer, a substantial portion of

whose capital stock is owned either directly or indirectly by another

corporation, enters into any transaction with such other corporation on

such terms as to create an improper loss or net income, the commissioner

may include in the entire net income of the taxpayer the fair profits

which, but for such agreement, arrangement or understanding, the

taxpayer might have derived from such transaction. Where any taxpayer

owns, directly or indirectly, more than fifty percent of the capital

stock of another corporation subject to tax under section fifteen

hundred two-a of this chapter and fifty percent or less of whose gross

receipts for the taxable year consist of premiums, the commissioner may

include in the entire net income of the taxpayer, as a deemed

distribution, the amount of the net income of the other corporation that

is in excess of its net premium income.

6. An action may be brought at any time by the attorney-general at the

instance of the tax commission, in the name of the state, to compel the

filing of reports due under this article.

7. Reports shall be preserved for five years, and thereafter until the

tax commission orders them to be destroyed.

8. (a) Except in accordance with proper judicial order or as otherwise

provided by law, it shall be unlawful for any tax commissioner, any

officer or employee of the department, or any person who, pursuant to

this section, is permitted to inspect any report, or to whom any

information contained in any report is furnished, or any person engaged

or retained by such department on an independent contract basis, or any

person who in any manner may acquire knowledge of the contents of a

report filed pursuant to this article, to divulge or make known in any

manner the amount of income or any particulars set forth or disclosed in

any report under this article. The officers charged with the custody of

such reports shall not be required to produce any of them or evidence of

anything contained in them in any action or proceeding in any court,

except on behalf of the state or the commissioner in an action or

proceeding under the provisions of this chapter or in any other action

or proceeding involving the collection of a tax due under this chapter

to which the state or the commissioner is a party or a claimant, or on

behalf of any party to any action or proceeding under the provisions of

this article when the reports or facts shown thereby are directly

involved in such action or proceeding, in any of which events the court

may require the production of, and may admit in evidence, so much of

said reports or of the facts shown thereby as are pertinent to the

action or proceeding, and no more. The commissioner may, nevertheless,

publish a copy or a summary of any determination or decision rendered

after the formal hearing provided for in section one thousand

eighty-nine of this chapter. Nothing herein shall be construed to

prohibit the delivery to a corporation or its duly authorized

representative of a copy of any report filed by it, nor to prohibit the

publication of statistics so classified as to prevent the identification

of particular reports and the items thereof; or the publication of

delinquent lists showing the names of taxpayers who have failed to pay

their taxes at the time and in the manner provided by section two

hundred thirteen of this chapter together with any relevant information

which in the opinion of the commissioner may assist in the collection of

such delinquent taxes; or the inspection by the attorney general or

other legal representatives of the state of the report of any

corporation which shall bring action to set aside or review the tax

based thereon, or against which an action or proceeding under this

chapter has been recommended by the commissioner of taxation and finance

or the attorney general or has been instituted; or the inspection of the

reports of any corporation by the comptroller or duly designated officer

or employee of the state department of audit and control, for purposes

of the audit of a refund of any tax paid by such corporation under this

article.

(b) (i) Any officer or employee of the state who willfully violates

the provisions of paragraph (a) of this subdivision shall be dismissed

from office and be incapable of holding any public office in this state

for a period of five years thereafter.

(ii) Cross-reference: For criminal penalties, see article thirty-seven

of this chapter.

(c) Notwithstanding any provisions of this subdivision, the tax

commission may permit the secretary of the treasury of the United States

or his delegates, or the proper officer of any other state charged with

tax administration, or the authorized representative of either such

officer, to inspect the reports filed under this article, or may furnish

to such officer or his authorized representative an abstract of any such

report or supply information concerning an item contained in any such

report, or disclosed by an investigation of tax liability under this

article, but such permission shall be granted or such information

furnished to such officer or his representative only if the laws of the

United States or of such other state, as the case may be, grant

substantially similar privileges to the commission or officer of this

state charged with the administration of the tax imposed by this article

and such information is to be used for tax purposes only; and provided

further the commissioner of taxation and finance may furnish to the

secretary of the treasury of the United States or his delegates such

reports filed under this article and other tax information, as he may

consider proper, for use in court actions or proceedings under the

internal revenue code, whether civil or criminal, where a written

request therefor has been made to the commissioner of taxation and

finance by the secretary of the treasury or his delegates provided the

laws of the United States grant substantially similar powers to the

secretary of the treasury or his delegates. Where the commissioner of

taxation and finance has so authorized use of reports or other tax

information in such actions or proceedings, officers and employees of

the department of taxation and finance may testify in such actions or

proceedings in respect to such reports or other tax information; and

provided further that such commission may furnish any municipality with

such information contained in the reports filed under this article as it

may consider proper for use in any certiorari or condemnation

proceeding.

9. Notwithstanding the provisions of subdivision eight of this

section, the tax commission may permit the officer charged with the

administration of an income tax imposed by any city of the state of New

York, or the authorized representative of such officer, to inspect the

reports filed under this article, or may furnish to such officer or his

authorized representative an abstract of any such report or supply

information concerning an item contained in any such report, or

disclosed by any investigation of tax liability under this article, but

such permission shall be granted or such information furnished to such

officer or his representative only if the local laws of such city grant

substantially similar privileges to the commission or officer of this

state charged with the administration of the tax imposed by this article

and such information is to be used for tax purposes only; and provided

further the commissioner of taxation and finance may furnish to such

city officer or his delegates and the legal representative of such city

such reports filed under this article and other tax information, as he

may consider proper, for use in court actions or proceedings under such

local law, whether civil or criminal, where a written request therefor

has been made to the commissioner of taxation and finance by such city

officer or his delegates or by such legal representative of such city,

provided the local law of such city grants substantially similar powers

to the city officer charged with the administration of the city income

tax or his delegates. Where the commissioner of taxation and finance has

so authorized use of reports or other tax information in such actions or

proceedings, officers and employees of the department of taxation and

finance may testify in such actions or proceedings in respect to such

reports or other tax information.

10. Notwithstanding the provisions of subdivision eight of this

section, the tax commission, in its discretion, may require or permit

any or all persons liable for any tax imposed by this article, to make

payments on account of estimated tax and payment of any tax, penalty or

interest imposed by this article to banks, banking houses or trust

companies designated by the tax commission and to file declarations of

estimated tax, applications for automatic extensions of time to file

reports, and reports with such banks, banking houses or trust companies

as agents of the tax commission, in lieu of making any such payment

directly to the tax commission. However, the tax commission shall

designate only such banks, banking houses or trust companies as are or

shall be designated by the comptroller as depositories pursuant to

section two hundred eighteen.

11. Notwithstanding the provisions of subdivision eight of this

section, the commissioner may disclose to the head of any state agency,

pursuant to section one hundred seventy-one-f of this chapter, the name

and taxpayer identification number of any taxpayer whose overpayment is

certified to the comptroller to be credited against a past-due legally

enforceable debt owed to such agency and the amount of the overpayment

and interest thereon certified to the comptroller to be credited against

a past-due legally enforceable debt, and the commissioner may disclose

to the commissioner of finance of the city of New York, pursuant to

section one hundred seventy-one-l of this chapter, the name and taxpayer

identification number of any taxpayer whose overpayment is certified to

the comptroller to be credited against a city of New York tax warrant

judgment debt and the amount of the overpayment and interest thereon

certified to the comptroller to be credited against a city of New York

tax warrant judgment debt.

12. (a) Notwithstanding the provisions of subdivision eight of this

section, the commissioner and the comptroller shall enter into an

agreement pursuant to which the commissioner shall, upon request,

provide the comptroller with a report, not more frequently than

annually, with respect to corporations or other entities which have

filed a business corporation franchise tax report under this article for

any taxable year within ten calendar years prior to the report to the

comptroller made pursuant to this subdivision, providing the following

information, to the extent that such information is readily available

from the department's system for identifying taxpayer indicative data:

(1) business name and legal name, if different;

(2) business address and mailing address;

(3) federal employer identification number;

(4) date entered into business.

(b) Each report to the comptroller made pursuant to this subdivision

shall list each corporation or other entity with respect to which such

report is made according to the total assets reported for the end of the

year on its most recent available business corporation franchise tax

report, in descending order. Such reports to the comptroller shall not

disclose the actual amount of total assets reported on such business

corporation franchise tax reports.

(c) The information provided to the comptroller pursuant to this

subdivision shall be used only for administration and enforcement of the

abandoned property law. The comptroller may redisclose the information

provided under this subdivision only to the extent necessary for

enforcement or administration of the abandoned property law.

(d) The reports to the comptroller required under this subdivision

shall be submitted by electronic means or in some other format which is

mutually acceptable to the comptroller and the commissioner. The written

agreement with the comptroller shall set forth the procedures for

providing the information the commissioner is allowed to disclose

pursuant to this subdivision.

(e) Notwithstanding article six of the public officers law or any

other provision of law, the reports to be furnished to the comptroller

pursuant to this subdivision shall not be open to the public for

inspection.

14. Notwithstanding the provisions of subdivision eight of this

section, the commissioner may disclose to a taxpayer or a taxpayer's

related member, as defined in paragraph (o) of subdivision nine of

section two hundred eight of this article, information relating to any

royalty payments paid, incurred or received by such taxpayer or related

member to or from the other, including the treatment of such payments by

the taxpayer or the related member in any report or return transmitted

to the commissioner under this chapter.

15. Notwithstanding the provisions of subdivision eight of this

section, the commissioner shall provide the statements and other

required information requested on tax reports under section four hundred

eight of the business corporation law to the secretary of state for

filing. Such provision may also include a copy or image of that portion

of the report solely pertinent to such information to the extent

feasible. The commissioner any also provide information on

noncompliance.

16. (a) Notwithstanding the provisions of subdivision eight of this

section, upon written request from the chairperson of the committee on

ways and means of the United States House of Representatives, the

chairperson of the committee on finance of the United States Senate, or

the chairperson of the joint committee on taxation of the United States

Congress, the commissioner shall furnish such committee with any current

or prior year reports specified in such request that were filed under

this article by the president of the United States, vice-president of

the United States, member of the United States Congress representing New

York state, or any person who served in or was employed by the executive

branch of the government of the United States on the executive staff of

the president, in the executive office of the president, or in an acting

or confirmed capacity in a position subject to confirmation by the

United States senate; or, in New York state: a statewide elected

official, as defined in paragraph (a) of subdivision one of section

seventy-three-a of the public officers law; a state officer or employee,

as defined in subparagraph (i) of paragraph (c) of subdivision one of

such section seventy-three-a; a political party chairperson, as defined

in paragraph (h) of subdivision one of such section seventy-three-a; a

local elected official, as defined in subdivisions one and two of

section eight hundred ten of the general municipal law; a person

appointed, pursuant to law, to serve due to vacancy or otherwise in the

position of a local elected official, as defined in subdivisions one and

two of section eight hundred ten of the general municipal law; a member

of the state legislature; or a judge or justice of the unified court

system, or filed by a partnership, firm, association, corporation,

joint-stock company, trust or similar entity directly or indirectly

controlled by any individual listed in this paragraph, whether by

contract, through ownership or control of a majority interest in such

entity, or otherwise, or filed by a partnership, firm, association,

corporation, joint-stock company, trust or similar entity of which any

individual listed in this paragraph holds ten percent or more of the

voting securities of such entity; provided however that, prior to

furnishing any report, the commissioner shall redact any copy of a

federal return (or portion thereof) attached to, or any information on a

federal return that is reflected on, such report, and any social

security numbers, account numbers and residential address information.

(b) No reports shall be furnished pursuant to this subdivision unless

the chairperson of the requesting committee certifies in writing that

such reports have been requested related to, and in furtherance of, a

legitimate task of the Congress, that the requesting committee has made

a written request to the United States secretary of the treasury for

related federal reports or report information, pursuant to 26 U.S.C.

Section 6103(f), and that if such requested reports are inspected by

and/or submitted to another committee, to the United States House of

Representatives, or to the United States Senate, then such inspection

and/or submission shall occur in a manner consistent with federal law as

informed by the requirements and procedures established in 26 U.S.C.

Section 6103(f).