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(§ 11-605(1), Administrative Code.)
(a) Subject to the provisions of subdivision (c) of this section, the appropriate annual tax or information report must be filed on or before March 15 next succeeding the close of each calendar year of the corporation, or if the report is made on the basis of a fiscal year on or before the 15th day of the third month following the close of each fiscal year.
(b) The report of a change in Federal or New York State taxable income or the results of renegotiation of a contract or subcontract with the United States or New York State resulting in a change in taxable income, or a computation or recomputation of Federal or New York State tax as a result of a recovery of war loss, must be made within 90 days after the final determination of such change or renegotiation or recomputation of tax (see: 19 RCNY § 11-83, supra), or as otherwise required by the Commissioner of Finance. An amended report must be filed within 90 days after any taxpayer files an amended return with the United States Treasury Department or the New York State Department of Taxation and Finance.
(c) Short period reports.
(1) Taxpayers joining a Federal consolidated group.
(i) Short period precedes joining the group. Except as otherwise provided in paragraph 3 or 4 of this subdivision, where a taxpayer, not previously part of a Federal consolidated group (i.e., an affiliated group filing a Federal consolidated return), becomes part of a Federal consolidated group on a day other than the first day of its Federal taxable year, determined without reference to its membership in the group, and the taxpayer is required to file a Federal short period return for the period from the first day of its taxable year through the end of the day on which it becomes such a member pursuant to Treas. Reg. § 1.1502-76(b), the taxpayer must file a report under this section covering the same period. The short period report required by this paragraph shall be due on the due date for the Federal short period return as provided by paragraphs (1) or (2) of subdivision (c) of Treas. Reg. § 1.1502-76(c), whichever is applicable. This provision does not apply in the case of an amended Federal short period return required under Treas. Reg. § 1.1502-76(c)(2). An amended return for any such short period must be filed within 90 days after the taxpayer files an amended return with the United States Treasury Department. See subdivision (b) of this section.
(ii) Short period follows joining group. Except as otherwise provided in paragraph 3 or 4 of this subdivision, where a taxpayer joins a Federal consolidated group, including a situation where a taxpayer leaves one group to join another, the taxpayer must file a short period report under this section covering the period from the day it becomes a member of the group through the end of its new taxable year for purposes of Subchapter 2 of Chapter 6 of Title 11 of the Administrative Code of the City of New York, which shall be the same as the end of the taxable year of the new consolidated group. Such report shall be filed on or before the 15th day of the third month following the end of its new taxable year.
(2) Taxpayers leaving a Federal consolidated group.
(i) Short period precedes leaving group. Except as otherwise provided in paragraph 3 or 4 of this subdivision, where a taxpayer ceases to be part of a Federal consolidated group, including a situation where a taxpayer leaves one Federal consolidated group to join another, the taxpayer must file a report under this section covering the period from the beginning of its taxable year up to the date it leaves the group. Such report shall be filed on or before the 15th day of the third month following the close of its taxable year determined as if it had not ceased to be a member.
(ii) Short period follows leaving group. Except as otherwise provided in paragraph 3 or 4 of this subdivision, where a taxpayer ceases to be part of a Federal consolidated group, other than a situation where a taxpayer leaves one Federal consolidated group to join another, the taxpayer must file a short period report under this section covering the period from the day it ceases to be a member of the group through the end of its taxable year determined as if it had not left the group. Such report shall be filed on or before the 15th day of the third month following the close of its taxable year determined as if it had not ceased to be a member.
(3) Short period returns relating to IRC § 338 elections.
(i) Subject to the provisions of subparagraph (ii), if a taxpayer is an old target (within the meaning of Treas. Reg. § 1.338-2(c)(17)) any short period report required by 19 RCNY § 11-81(b)(7) shall cover the same period as is covered by the Federal report and shall be due on the due date for the Federal short period return set forth in Treas. Reg. § 1.338-10(a)(6), including any deemed extensions granted pursuant to Treas. Reg. § 1.338-10(a)(6)(ii)(B).
(ii) This paragraph shall not apply to an amended return described in Treas. Reg. § 1.338-10(a)(6)(ii)(D). An amended return for any such short period must be filed within 90 days after the taxpayer files an amended return with the United States Treasury Department. See subdivision (b) of this section.
(iii) 19 RCNY § 11-88(a) shall not apply to a taxpayer for which an election is made pursuant to section 338 of the Internal Revenue Code, regardless of whether such election is deemed invalid pursuant to 19 RCNY § 11-27(j), notwithstanding any deemed cessation of existence of such taxpayer pursuant to Treas. Reg. § 1.338(h)(10)-1(d)(4).
(4) If a corporation required to file a short period report as provided in this subdivision becomes subject to tax under Subchapter 2 of Chapter 6 of Title 11 of the Administrative Code on a date other than the first day of such short period, the short period report shall begin on the date the corporation becomes subject to tax under such Subchapter. Except as provided in paragraph (3) of this subdivision, if a corporation required to file a short period report as provided in this subdivision ceases to be subject to tax under Subchapter 2 of Chapter 6 of Title 11 of the Administrative Code on the last day of such short period, the provisions of 19 RCNY § 11-88 shall apply in determining the due date for such short period report.
(§ 11-605(1), Administrative Code.)
(a) If a corporation ceases to be subject to tax under Subchapter 2 of Chapter 6 of Title 11 (see: 19 RCNY § 11-03, supra), the corporation shall file a report on or before the 15th day following the date of such cessation, covering the period from the close of its last calendar or fiscal year up to and including the date of such cessation. This subdivision shall not apply to a taxpayer for which an election is made pursuant to section 338 of the Internal Revenue Code, regardless of whether such election is deemed invalid pursuant to 19 RCNY § 11-27(j) of these rules, notwithstanding any deemed cessation of existence of such taxpayer pursuant to Treas. Reg. § 1.338(h)(10)-1(d)(4).
(b) If a corporation ceases to be subject to tax under Subchapter 2 of Chapter 6 of Title 11, because of a change of classification (see: 19 RCNY § 11-05, supra), the corporation shall file a report on or before the 15th day following the date of such change of classification, covering the period from the close of its last calendar or fiscal year up to and including the date of such cessation.
(c) Notwithstanding subdivisions (a) and (b) of this section, a corporation need not file a separate report within 15 days of the date it ceases to be subject to tax under Subchapter 2 of Chapter 6 of Title 11 if:
(1) it is a member of a group taxed on the basis of a combined report for the period including the date of such cessation; and
(2) it is properly included in such combined report (see: 19 RCNY § 11-14(c), supra.)
(§ 11-605(1), Administrative Code.)
(a) General. The Commissioner of Finance may grant a reasonable extension of time for filing reports whenever good cause exists. An application for an extension of time shall be made prior to the due date of the report.
(b) Automatic extensions.
(1) An automatic six-month extension of time for filing the annual tax report (form NYC-3L or NYC-4S) will be granted only on the condition that form NYC-6 (Application for Automatic Extension) is filed and a properly estimated tax is paid on or before the due date of the report for the taxable period for which the extension is requested. Such application must set forth the amount of tax that the taxpayer estimates it will be required to pay.
(2) Notwithstanding paragraph (1) of this subdivision, a corporation that ceases to be subject to tax under Subchapter 2 of Chapter 6 of Title 11 shall receive an automatic six-month extension of time for filing an annual tax report (form NYC-3L or NYC-4S) only on the condition that form NYC-6F (Application for Automatic Extension to File Final Return) is filed and a properly estimated tax is paid on or before the due date of the return for the taxable period for which the extension is requested.
(3) Notwithstanding paragraphs (1) and (2) of this subdivision, an automatic six-month extension of time for filing a combined report (form NYC-3A) will be granted only on the condition that form NYC-6 (Application for Automatic Extension) is filed and a properly estimated combined tax is paid on or before the due date of the return for the taxable period for which the extension is requested. Such application must be filed by the corporation paying the tax for the combined group. The applicant must submit the following information:
(i) its complete corporate name;
(ii) its employer identification number;
(iii) a list showing the corporate name and employer identification number of each of the other corporations properly included as part of the combined group; and
(iv) a list showing the estimated tax for each taxpayer included as part of the combined group. A properly estimated tax includes a tax measure by the fixed dollar minimum for each of the other taxpayers included in the combined group.
(c) Additional extensions. On or before the expiration of the automatic extension of time for filing a report, the Commissioner of Finance may grant up to two additional three-month extensions of time for filing reports when good cause exists. An application for each additional three-month extension shall be made on form NYC-6.1 before the expiration of the previous extension. Additional extensions of time for filing by a combined group must be requested in one application by the corporation paying the tax for the combined group. The application for an additional extension must contain the following information of the applicant:
(1) its complete corporate name;
(2) its employer identification number;
(3) the reason for requesting the additional extension; and
(4) in an application made by a combined group, a list showing the corporate name and employer identification number of each of the other corporations properly included as part of the combined group.
(d) Properly estimated taxes. The amount of tax is deemed to be properly estimated if the amount paid is either:
(1) not less than 90 percent of the tax as finally determined, or
(2) not less than the tax shown on the taxpayer's report for the preceding taxable year, if such preceding year was a taxable year of 12 months.
(e) Effect of extension.
(1) If a corporation has timely applied for an automatic extension of time to file a general corporation tax report and paid a properly estimated tax on or before the date such application is filed, the only amount payable in addition to any balance of general corporation tax due is interest at the underpayment rate prescribed by the Commissioner of Finance pursuant to the authority of § 11-687 of the Administrative Code on the balance due from the original due date of the report (determined without regard to any extensions of time) to the date of payment.
(2) The failure to meet any of the requirements of subdivisions (b) and (d) of this section will make the application for extension of time to file invalid and any report filed after the due date will be treated as a late filed report.
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