N.Y. Tax Law § 213-a: Declaration of estimated tax

§ 213-a. Declaration of estimated tax.-- (a) Requirement of

declaration.--Every taxpayer subject to the tax imposed by section two

hundred nine of this article shall make a declaration of its estimated

tax for the current privilege period, containing such information as the

commissioner of taxation and finance may prescribe by regulations or

instructions, if such estimated tax can reasonably be expected to exceed

one thousand dollars for taxable years beginning before January first,

two thousand twenty-six, or five thousand dollars for taxable years

beginning on or after January first, two thousand twenty-six. If a

taxpayer is subject to the tax surcharge imposed under section two

hundred nine-B of this article and such taxpayer's estimated tax under

section two hundred nine of this article can reasonably be expected to

exceed one thousand dollars for taxable years beginning before January

first, two thousand twenty-six, or five thousand dollars for taxable

years beginning on or after January first, two thousand twenty-six, such

taxpayer shall also make a declaration of its estimated tax surcharge

for the current privilege period.

(b) Definition of estimated tax and estimated tax surcharge.--The

terms "estimated tax" and "estimated tax surcharge" mean the amounts

which a taxpayer estimates to be the tax or tax surcharge imposed by

section two hundred nine or two hundred nine-B, respectively, of this

chapter for the current privilege period, less the amount which it

estimates to be the sum of any credits allowable against the tax or tax

surcharge, respectively.

(c) Time for filing declaration.--A declaration of estimated tax and a

declaration of estimated tax surcharge shall be filed on or before June

fifteenth of the current privilege period in the case of a taxpayer

which reports on the basis of a calendar year, except that if the

requirements of subdivision (a) are first met:

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

privilege period, the declaration shall be filed on or before September

fifteenth, or

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

current privilege period, the declaration shall be filed on or before

December fifteenth.

(d) Amendments of declaration.--A taxpayer may amend a declaration

under regulations of the tax commission.

(e) Report as declaration.--If, on or before February fifteenth of the

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

a calendar year, a taxpayer files its report 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 report,

(i) such report shall be considered as its declaration if no

declaration was required to be filed during the calendar or fiscal year

for which the tax or tax surcharge was imposed, but is otherwise

required to be filed on or before December fifteenth pursuant to

subdivision (c),

(ii) such report shall be considered as the amendment permitted by

subdivision (d) to be filed on or before December fifteenth if the tax

or tax surcharge shown on the report is greater than the estimated tax

or estimated tax surcharge, as the case may be, shown on a declaration

previously made.

(f) Fiscal year.--This section shall apply to privilege 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.

(g) Short privilege period.--If the privilege period for which a tax

or tax surcharge is imposed by section two hundred nine or two hundred

nine-B, respectively, of this chapter is less than twelve months, every

taxpayer required to make a declaration of estimated tax or a

declaration of estimated tax surcharge for such privilege period shall

make such a declaration in accordance with regulations of the

commissioner of taxation and finance.

(h) Extension of time.--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.