N.Y. Tax Law § 873: Procedural and administrative provisions

§ 873. Procedural and administrative provisions. (a) General. All

provisions of article twenty-two of this chapter will apply to the

provisions of this article in the same manner and with the same force

and effect as if the language of article twenty-two of this chapter had

been incorporated in full into this article and had been specifically

adjusted for and expressly referred to the tax imposed by this article,

except to the extent that any provision is either inconsistent with a

provision of this article or is not relevant to this article.

Notwithstanding the preceding sentence, no credit authorized to offset

the tax imposed pursuant to article twenty-two of this chapter or

authorized pursuant to section thirteen hundred ten of this chapter can

be used to offset the tax due pursuant to this article.

(b) Notwithstanding any other law to the contrary, the commissioner

may require that any form or return required pursuant to this article

must be filed electronically and any payment of tax must be paid

electronically.

(c) Liability for tax. (1) An electing city partnership or electing

city resident S corporation shall be liable for the tax due pursuant to

this article.

(2) Except as provided in paragraph three of this subsection, any city

taxpayer eligible to claim a credit authorized pursuant to subsection

(g) of section thirteen hundred ten of this chapter because such

taxpayer is a partner or member in an electing city partnership or a

shareholder in an electing city resident S corporation, either directly

or through a disregarded entity, shall be severally liable for such

taxpayer's direct share of city pass-through entity tax to the extent

the tax due pursuant to this article is not paid by the electing city

partnership or electing city resident S corporation.

(3) Any taxpayer eligible to claim a credit authorized pursuant to

subsection (g) of section thirteen hundred ten of this chapter or a

credit authorized pursuant to subsection (kkk) of section six hundred

six of this chapter because such taxpayer is a partner or member in an

electing city partnership or a shareholder in an electing city resident

S corporation, either directly or through a disregarded entity, that is

a general, managing or controlling partner of the electing city

partnership or managing or controlling shareholder of the electing city

resident S corporation, or owns greater than fifty percent of the

interests or profits of the electing city partnership or electing city

resident S corporation, or is under a duty to act for the electing city

partnership or electing city resident S corporation in complying with

the provisions of this article, or was the individual that made the

election on behalf of the electing city partnership or electing city

resident S corporation authorized by section eight hundred sixty-eight

of this article, shall be jointly and severally liable for the tax

imposed pursuant to this article on such electing city partnership or

electing city resident S corporation.

(d) Deposit and disposition of revenue. All taxes, interest,

penalties, and fees collected or received by the commissioner pursuant

to this article shall be deposited and disposed of in the manner set

forth by article thirty of this chapter for taxes imposed pursuant to

such article, including but not limited to provisions of such article

relating to payments to the New York city transitional finance

authority.

(e) Secrecy provision. All the provisions of paragraphs one and two of

subsection (e) of section six hundred ninety-seven of this chapter will

apply to the provisions of this article. Notwithstanding any provisions

of this chapter to the contrary, the commissioner may disclose

information and returns regarding the calculation and payment of the tax

imposed by this article and any credit calculated on taxes paid pursuant

to this article by an electing city partnership or an electing city

resident S corporation to a partner, member or shareholder of such

entity that is eligible for or claims to be eligible for a credit under

subsection (a) of section eight hundred seventy of this article.

(f) The comptroller shall retain in the comptroller's hands such

amount as the commissioner may determine necessary for refunds in

respect to the taxes imposed pursuant to the authority of this article,

out of which the comptroller shall pay any refunds of such taxes to

which taxpayers shall be entitled under any law enacted pursuant to the

authority of this article.