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(§ 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.
(§ 11-605(6), Administrative Code.)
An action may be brought at any time by the Corporation Counsel, at the instance of the Commissioner of Finance, to compel the filing of reports due under Subchapter 2 of Chapter 6 of Title 11 of the Administrative Code.
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