N.Y. Tax Law § 290-a: Tax surcharge

§ 290-A. Tax surcharge. 1. In addition to the tax imposed under

section two hundred ninety of this article, there is hereby imposed, for

taxable years ending after June thirtieth, nineteen hundred ninety and

before July first, nineteen hundred ninety-seven, a tax surcharge at the

rate of fifteen percent in the case of taxable years ending after June

thirtieth, nineteen hundred ninety and before July first, nineteen

hundred ninety-four, and until such rate is superseded; at the rate of

ten percent in the case of taxable years ending after June thirtieth,

nineteen hundred ninety-four and before July first, nineteen hundred

ninety-five, and until such rate is superseded; at the rate of five

percent in the case of taxable years ending after June thirtieth,

nineteen hundred ninety-five and before July first, nineteen hundred

ninety-six, and until such rate is superseded; and at the rate of zero

percent in the case of taxable years ending after June thirtieth,

nineteen hundred ninety-six and before July first, nineteen hundred

ninety-seven, of the tax imposed under section two hundred ninety of

this article. However, the tax surcharge imposed by this section at the

rate of fifteen percent shall not be imposed upon any taxpayer for more

than forty-eight months, and the tax surcharge imposed by this section

at the rates of ten percent, five percent and zero percent shall not,

respectively, be imposed upon any taxpayer for more than twelve months,

and the commissioner shall prescribe by regulation or instructions a

method of proration designed to effectuate such result.

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

fifteen percent in the case of taxable years ending after June

thirtieth, nineteen hundred ninety and before July first, nineteen

hundred ninety-four and until such rate is superseded, a rate of ten

percent in the case of taxable years ending after June thirtieth,

nineteen hundred ninety-four and before July first, nineteen hundred

ninety-five and until such rate is superseded, a rate of five percent in

the case of taxable years ending after June thirtieth, nineteen hundred

ninety-five and before July first, nineteen hundred ninety-six and until

such rate is superseded, and a rate of zero percent in the case of

taxable years ending after June thirtieth, nineteen hundred ninety-six

and before July first, nineteen hundred ninety-seven, 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

taxable years, 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 taxable years ending after June

thirtieth, nineteen hundred ninety-four and before July first, nineteen

hundred ninety-five, including taxable 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 taxable years ending after

June thirtieth, nineteen hundred ninety-five and before July first,

nineteen hundred ninety-six, including taxable 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 taxable years

ending after June thirtieth, nineteen hundred ninety-six and before July

first, nineteen hundred ninety-seven, including taxable years of fewer

than twelve months, a tax surcharge at the rate of two and one-half

percent. In addition, for purposes of implementation of all the

provisions of this section references to ten percent shall be read as

references to twelve and one-half percent, references to five percent

shall be read as references to seven and one-half percent and references

to zero percent shall be read as references to two and one-half percent.

2. The provisions concerning returns under section two hundred

ninety-four of this article shall be applicable to this section, except

that for purposes of an automatic extension for six months for filing a

return covering the taxes imposed by this article, such automatic

extension 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 the

commissioner may prescribe, and pays on or before the date of such

filing, in addition to any other amounts required under this article,

fifteen percent in the case of taxable years ending after June

thirtieth, nineteen hundred ninety and before July first, nineteen

hundred ninety-four, ten percent in the case of taxable years ending

after June thirtieth, nineteen hundred ninety-four and before July

first, nineteen hundred ninety-five, five percent in the case of taxable

years ending after June thirtieth, nineteen hundred ninety-five and

before July first, nineteen hundred ninety-six, and zero percent in the

case of taxable years ending after June thirtieth, nineteen hundred

ninety-six and before July first, nineteen hundred ninety-seven, of the

amount properly estimated as provided in section two hundred ninety-four

of this article as its tax payable under section two hundred ninety of

this article. The tax surcharge imposed by this section shall be payable

to the commissioner in full at the time the return is required to be

filed.

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

of this article 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 surcharge imposed by section two hundred

ninety 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 those provisions requiring such reading in order to effectuate the

purposes of this provision, unless a different meaning is clearly

required.