(a) (1) Pursuant to § 11-715(h)(1) (relating to the commercial rent or occupancy tax); § 11-817(g)(1) (relating to the commercial motor vehicle tax); § 11-1114(g)(1) (relating to the utility tax); § 11-1213(g)(1) (relating to the horse race admissions tax); § 11-1317(d)(2) (relating to the cigarette tax); § 11-1413(g)(1) (relating to the tax on transfers of taxicab licenses); § 11-1515(g)(1) (relating to the coin-operated amusement devices tax); § 11-2114(g)(1) (relating to the real property transfer tax); § 11-2414(g)(1) (relating to the tax on retail licensees of the State Liquor Authority); § 11-2515(g)(1) (relating to the hotel room occupancy tax); and § 11-2714(g)(1) (relating to the annual vault charge), the Commissioner of Finance is required to set the rate of interest to be paid on underpayments of the above named excise taxes. For underpayments which became due prior to February 24, 1983, the Commissioner of Finance was authorized to set a rate of interest which was not less than six percent per annum nor more than 12 percent per annum. For underpayments which remain or become due on or after February 24, 1983 the Commissioner of Finance is required to set a rate of interest as prescribed in paragraph (2) of this subdivision but not less than six percent per annum. Any rate set by the Commissioner of Finance pursuant to the provisions of paragraph (2) shall apply to taxes, or any portion thereof, which remain or become due on or after the date on which such rate becomes effective and shall apply only with respect to interest computed or computable for periods or portions of periods occurring in the period in which such rate is in effect. No interest shall be paid if the amount thereof is less than one dollar.
(2) On or before January 15 in each year, the Commissioner of Finance shall determine the average prime rate charged by banks for the quarter year ending on the immediately preceding December 31. Such average prime rate, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph that shall be effective during the twelve-month period commencing on March 1 in such year. Provided, however, that on or before July 15 in each year, the Commissioner shall determine the average prime rate charged by banks during the quarter-year ending on June 30 of such year. In any year in which the average prime rate for the quarter-year ending on June 30 differs by more than two percentage points from the average prime rate for the quarter-year ending on the immediately preceding December 31, then such average prime rate for the quarter-year ending on June 30, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph for the six-month period commencing on September 1 in such year. Provided, further, that for the period commencing February 24, 1983 and ending on February 29, 1984, the rate of interest prescribed in accordance with the provisions of this paragraph shall be and is hereby set at 17% per annum, and such rate shall remain in effect unless a new rate is prescribed for the six-month period commencing on September 1, 1983 as provided in the preceding sentence. For purposes of this paragraph, the average prime rate charged by banks during any quarter-year shall be the average predominant prime rate quoted by commercial banks to large businesses in the three months constituting such quarter-year as such rate is determined and published by the Board of Governors of the Federal Reserve System of the United States. For the purpose of the computation to the nearest one-tenth of a percentage point, a hundredth of a percentage point is to be disregarded unless it amounts to five hundredths of a percentage point or more, in which case the amount (determined without regard to the hundredth of a percentage point) shall be increased by one-tenth of a percentage point.
(B) (1) The following schedule shows the interest rates that applied to underpayments during the periods specified:
Period | Rate |
Prior to April 1, 1970 | 6% |
Between April 1, 1970 and March 14, 1980 | 9% |
Between March 15, 1980 and February 23, 1983 | 12% |
(2) If an underpayment which became due prior to February 24, 1983 remains unpaid on or after that date, interest with respect to such underpayment is to be computed at the rate of 12 percent per annum up to and including February 23, 1983, and thereafter at the rate set forth in subdivision (c) of this section from February 24, 1983 to the date such underpayment of tax is paid. However, if a notice of determination for such underpayment had been issued between April 1, 1970 and March 14, 1980, interest on such underpayment accrues at 9% per annum up to and including March 14, 1980, at 12% per annum between March 15, 1980 and February 23, 1983, and thereafter at the rate set forth in subdivision (c) of this section. Further if a notice of determination had been issued prior to April 1, 1970, interest on the underpayment accrues at 6% per annum up to and including March 31, 1970, at 9% per annum between April 1, 1970 and March 14, 1980, at 12% per annum between March 15, 1980 and February 23, 1983, and thereafter at the rate set forth in subdivision (c) of this section.
(c) Pursuant to the provisions of subdivision (a) above, if any amount of tax is not paid on or before the last date prescribed for payment (without regard to any extension of time granted for payment) interest with respect to such underpayment, or any portion thereof, which remains or becomes due on or after February 24, 1983 is to be computed at the applicable rate or rates shown in the following schedule:
Period | Rate Per Annum |
February 24, 1983 through August 31, 1983 | 17% |
September 1, 1983 through February 29, 1984 | 10.5% |
March 1, 1984 through February 28, 1985 | 11% |
March 1, 1985 through February 28, 1986 | 11.8% |
March 1, 1986 through February 28, 1987 | 9.5% |
March 1, 1987 through February 29, 1988 | 7.5% |
March 1, 1988 through February 28, 1989 | 8.9% |
March 1, 1989 through February 28, 1990 | 10.2% |
(d) In computing the amount of interest to be paid, such interest is to be compounded daily on or after July 16, 1985, on amounts (including interest) accruing or remaining unpaid on or after such date.
(Chapter 6 of Title 11 of the Administrative Code).
(a) (1) Pursuant to § 11-687(5)(a) of Title 11 of the Administrative Code of the City of New York, the Commissioner of Finance is authorized to set the rate of interest to be imposed on underpayments and paid on overpayments of the City's business tax on general, banking and transportation corporations. For underpayments which became due and overpayments made prior to February 24, 1983, the Commissioner of Finance was authorized to set a rate of interest which was not less than six percent per annum nor more than the rate of interest set by the Superintendent of Banks pursuant to § 14-a of the Banking Law. For underpayments or overpayments which remain or become due or overpaid on or after February 24, 1983, the Commissioner of Finance is required to set a rate of interest as prescribed in paragraph (2) of this subdivision but not less than six percent per annum. Any rate set by the Commissioner of Finance pursuant to the provisions of paragraph (2) shall apply to taxes, or any portion thereof, which remain or become due or overpaid on or after the date on which such rate becomes effective and shall apply only with respect to interest computed or computable for periods or portions of periods occurring in the period in which such rate is in effect. No interest shall be paid if the amount thereof is less than one dollar.
(2) On or before January 15 in each year, the Commissioner of Finance shall determine the average prime rate charged by banks for the quarter-year ending on the immediately preceding December 31. Such average prime rate, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph that shall be effective during the twelve-month period commencing on March 1 in such year. Provided, however, that on or before July 15 in each year the Commissioner shall determine the average prime rate charged by banks during the quarter-year ending on June 30 of such year. In any year in which the average prime rate for the quarter-year ending on June 30 differs by more than two percentage points from the average prime rate for the quarter-year ending on the immediately preceding December 31, then such average prime rate for the quarter-year ending on June 30, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph for the six-month period commencing on September 1 in such year. Provided, further, that for the period commencing February 24, 1983 and ending on February 29, 1984, the rate of interest prescribed in accordance with the provisions of this paragraph shall be and is hereby set at 17% per annum, and such rate shall remain in effect unless a new rate is prescribed for the six-month period commencing on September 1, 1983 as provided in the preceding sentence. For purposes of this paragraph, the average prime rate charged by banks during any quarter-year shall be the average predominant prime rate quoted by commercial banks to large businesses in the three months constituting such quarter-year as such rate is determined and published by the Board of Governors of the Federal Reserve System of the United States. For the purpose of the computation to the nearest one-tenth of a percentage point, a hundredth of a percentage point is to be disregarded unless it amounts to five hundredths of a percentage point or more, in which case the amount (determined without regard to the hundredth of a percentage point) shall be increased by one-tenth of a percentage point.
(b) Pursuant to the provisions of subdivision (a) above, the interest which shall be paid on overpayments pursuant to subdivision 5 of § 11-608, subdivision (e) of § 11-645, and subdivision 1 of § 11-679 of the Administrative Code, and which shall be added to underpayments of tax pursuant to subdivision 1 of § 11-675, recoveries of erroneous refunds pursuant to subdivision 13 of § 11-675, underpayments of estimated tax pursuant to subdivision 3 of § 11-676 of the Administrative Code, and added to balances due after extensions of time for payment pursuant to subdivision 1 of § 11-606, subdivision 9 of § 11-608, subdivision (i) of § 11-645 and subdivision (b) of § 11-647 of the Administrative Code, or any portion thereof, which remains or becomes due or overpaid on or after February 24, 1983 is to be computed at the applicable rate or rates set forth in subdivision (c) of this section from February 24, 1983 to the date such underpayment of tax is paid or overpayment is refunded. The rates in effect prior to February 24, 1983 are as follows:
For Taxable Periods: | Rate Per Annum |
Beginning before June 1, 1978 | 6% |
Beginning on or after | |
June 1, 1978 | 8.5% |
June 1, 1980 | 10.5% |
July 1, 1981 | 12% |
(c) Pursuant to the provisions of subdivision (a) above, the interest which shall be paid on overpayments pursuant to subdivision 5 of § 11-608, subdivision (e) of § 11-645, and subdivision 1 of § 11-679 of the Administrative Code, and which shall be added to underpayments of tax pursuant to subdivision 1 of § 11-675, recoveries of erroneous refunds pursuant to subdivision 13 of § 11-675, underpayments of estimated tax pursuant to subdivision 3 of § 11-676 of the Administrative Code, and added to balances due after extensions of time for payment pursuant to subdivision 1 of § 11-606, subdivision 9 of § 11-608, subdivision (i) of § 11-645 and subdivision (b) of § 11-647 of the Administrative Code, or any portion thereof, which remains or becomes due on or after February 24, 1983 is to be computed at the applicable rate or rates shown in the following schedule:
Period | Rate Per Annum |
February 24, 1983 through August 31, 1983 | 17% |
September 1, 1983 through February 29, 1984 | 10.5% |
March 1, 1984 through February 28, 1985 | 11% |
March 1, 1985 through February 28, 1986 | 11.8% |
March 1, 1986 through February 28, 1987 | 9.5% |
March 1, 1987 through February 29, 1988 | 7.5% |
March 1, 1988 through February 28, 1989 | 8.9% |
March 1, 1989 through February 28, 1990 | 10.2% |
(d) Except with respect to any addition to tax for failure to pay estimated tax, interest (or any other amount determined by reference to such interest) to be paid by the Commissioner of Finance or by the taxpayer is to be computed and compounded daily on or after September 1, 1983 on amounts (including interest) accruing or remaining unpaid on or after such date.
(Chapter 5 of Title 11 of the Administrative Code).
(a) (1) Pursuant to § 11-537(f)(1) of Title 11 of the Administrative Code of the City of New York, the Commissioner of Finance is authorized to set the rate of interest to be imposed on underpayments and paid on overpayments of the City's unincorporated business tax. For underpayments which became due and overpayments made prior to February 24, 1983, the Commissioner of Finance was authorized to set a rate of interest which was not less than six percent per annum nor more than the rate of interest set by the Superintendent of Banks pursuant to § 14-a of the Banking Law. For underpayments or overpayments which remain or become due on or after February 24, 1983, the Commissioner of Finance is required to set a rate of interest as prescribed in paragraph (2) of this subdivision but not less than six percent per annum. Any such rate set by the Commissioner of Finance pursuant to the provisions of paragraph (2) shall apply to taxes, or any portion thereof, which remain or become due or overpaid on or after the date on which such rate becomes effective and shall apply only with respect to interest computed or computable for periods or portions of periods occurring in the period in which such rate is in effect. No interest shall be paid if the amount thereof is less than one dollar.
(2) On or before January 15 in each year, the Commissioner of Finance shall determine the one-year constant maturity yield index for United States treasury securities for the quarter-year ending on the immediately preceding December 31. Such index, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph that shall be effective during the twelve-month period commencing on March 1 in such year. Provided, however, that on or before July 15 in each year, the Commissioner shall determine the one-year constant maturity yield index for United States treasury securities for the quarter-year ending on June 30 of such year. In any year in which the index for the quarter-year ending on June 30 differs by more than two percentage points from the index for the quarter-year ending on the immediately preceding December 31, then such index for the quarter-year ending on June 30, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph for the six-month period commencing on September 1 in such year. Provided, further, that for the period commencing February 24, 1983 and ending on February 29, 1984, the rate of interest prescribed in accordance with the provisions of this paragraph shall be and is hereby set at 14% per annum, and such rate shall remain in effect unless a new rate is prescribed for the six-month period commencing on September 1, 1983 as provided in the preceding sentence. For purposes of this para graph, the one-year constant maturity yield index for United States treasury securities for any quarter-year shall be the average of such index for the three months constituting such quarter-year as such index is compiled by the United States Department of the Treasury, published by the Board of Governors of the Federal Reserve System of the United States, and expressed in terms of percentage interest per annum. For the purpose of the computation to the nearest one-tenth of a percentage point, a hundredth of a percentage point is to be disregarded unless it amounts to five hundredths of a percentage point or more, in which case the amount (determined without regard to the hundredth of a percentage point) shall be increased by one-tenth of a percentage point.
(b) Pursuant to the provisions of subdivision (a) above, the interest which shall be paid on overpayments pursuant to subdivision (a) of § 11-528 of the Administrative Code and which shall be added to underpayments of tax pursuant to subdivision (a) of § 11-524, recoveries of erroneous refunds pursuant to subdivision (j) of § 11-524, and underpayments of estimated tax pursuant to subdivision (c) of § 11-525 of the Administrative Code, or any portion thereof, which became due or overpaid prior to February 24, 1983 and which remains due or overpaid on or after February 24, 1983 is to be computed at the applicable rate in effect for the taxable year or other period to which the overpayment, underpayment or erroneous refund relates up to and including February 23, 1983 in accordance with the schedule described in this subdivision plus interest computed at the applicable rate or rates set forth in subdivision (c) of this section from February 24, 1983 to the date such underpayment of tax is paid or overpayment is refunded. The rates in effect prior to February 24, 1983 are as follows:
For Taxable Periods: | Rate Per Annum |
Beginning before June 1, 1978 | 6% |
Beginning on or after | |
June 1, 1978 | 8.5% |
June 1, 1980 | 10.5% |
July 1, 1981 | 12% |
(c) Pursuant to the provisions of subdivision shall be paid on overpayments pursuant to subdivision (a) of § 11-528 of the Administrative Code, and which shall be added to underpayments of tax pursuant to subdivision (a) of § 11-524, recoveries of erroneous refunds pursuant to subdivision (j) of § 11-524, and underpayments of estimated tax pursuant to subdivision (c) of § 11-525 of the Administrative Code, or any portion thereof, which remains or becomes due or overpaid on or after February 24, 1983 is to be computed at the applicable rate or rates shown in the following schedule:
Period | Rate Per Annum |
February 24, 1983 through August 31, 1983 | 14% |
September 1, 1983 through February 29, 1984 | 9.2% |
March 1, 1984 through February 28, 1985 | 10% |
March 1, 1985 through February 28, 1986 | 10% |
March 1, 1986 through February 28, 1987 | 7.9% |
March 1, 1987 through February 29, 1988 | 6% |
March 1, 1988 through February 28, 1989 | 7.2% |
March 1, 1989 through February 28, 1990 | 8.5% |
(d) Except with respect to any addition to tax for failure to pay estimated tax, interest (or any other amount determined by reference to such interest) to be paid by the Commissioner of Finance or by the taxpayer is to be computed and compounded daily on or after September 1, 1983 on amounts (including interest) accruing or remaining unpaid on or after such date.
(a) Commercial rent tax. (Chapter 7 of Title 11 of the Administrative Code). Quarterly Returns. If any amount of tax required to be paid together with a return, other than the final return for a tax year, is not paid on or before the last date prescribed for payment (without regard to any extension of time granted for payment), interest on such amount at the rate set by the Commissioner of Finance pursuant to 19 RCNY § 29-01 shall be paid for the period from such last date until 20 days after the end of the tax year during which such payments were due or until such prior time as the tax paid for the tax year equals 75% of the full tax required to be paid for the tax year. Such interest shall be paid with the final return for the tax year to which it relates. Interest under this subdivision shall not be paid if the amount thereof is less than one dollar.
(b) Tax on foreign and alien insurers. (Chapter 9 of Title 11 of the Administrative Code).
(1) (i) Pursuant to § 11-905(a) and § 11-906(a) of the Administrative Code, the Commissioner of Finance is required to set the rate of interest on underpayments and overpayments of the foreign and alien insurers tax arising or remaining due or unpaid on or after August 5, 1984. For underpayments becoming due and overpayments made prior to August 5, 1984, interest is computed at the rate of 6% per annum up to August 5, 1984 and thereafter at the rates set by the Commissioner. For underpayments or overpayments which remain or become due or overpaid on or after August 5, 1984, the Commissioner of Finance is required to set a rate of interest as prescribed in subparagraph (ii) of this paragraph but not less than six percent per annum. Any such rate set by the Commissioner of Finance pursuant to the provisions of subparagraph (ii) shall apply to taxes, or any portion thereof, which remain or become due or overpaid on or after the date on which such rate becomes effective and shall apply only with respect to interest computed or computable for periods or portions of periods occurring in the period in which such rate is in effect. No interest shall be paid if the amount thereof is less than one dollar. Interest to be paid by the Commissioner of Finance or by the taxpayer is to be computed and compounded daily on or after September 4, 1984 on amounts (including interest) accruing or remaining unpaid on or after such date.
(ii) On or before January 15 in each year, the Commissioner of Finance shall determine the average prime rate charged by banks for the quarter-year ending on the immediately preceding December 31. Such average prime rate, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph that shall be effective during the twelve-month period commencing on March 1 in such year. Provided, however, that on or before July 15 in each year, the Commissioner shall determine the average prime rate charged by banks during the quarter-year ending on June 30 of such year. In any year in which the average prime rate for the quarter-year ending on June 30 differs by more than two percentage points from the average prime rate for the quarter-year ending on the immediately preceding December 31, then such average prime rate for the quarter-year ending on June 30, rounded to the nearest one-tenth of a percentage point, shall be the rate of interest prescribed by this paragraph for the six-month period commencing on September 1 in such year. Provided, further, that for the period commencing August 5, 1984 and ending on February 28, 1985, the rate of interest prescribed in accordance with the provisions of this paragraph shall be and is hereby set at 11% per annum. For purposes of this paragraph, the average prime rate charged by banks during any quarter-year shall be the average predominant prime rate quoted by commercial banks to large businesses in the three months constituting such quarter-year as such rate is determined and published by the Board of Governors of the Federal Reserve System of the United States. For the purpose of the computation to the nearest one-tenth of a percentage point, a hundredth of a percentage point is to be disregarded unless it amounts to five hundredths of a percentage point or more, in which case the amount (determined without regard to the hundredth of a percentage point) shall be increased by one-tenth of a percentage point.
(2) Pursuant to the provisions of paragraph (1) above, the interest which shall be added to underpayments of tax pursuant to § 11-905(a) of the Administrative Code and which shall be paid on overpayments pursuant to § 11-906(a) of the Administrative Code, or any portion thereof, which remain or become due or overpaid on or after August 5, 1984 is to be computed at the applicable rate or rates shown in the following schedule:
Period | Rate Per Annum |
August 5, 1984 through February 28, 1985 | 11% |
March 1,1985 through February 28, 1986 | 11.8% |
March 1,1986 through February 28, 1987 | 9.5% |
March 1, 1987 through February 29, 1988 | 7.5% |
March 1, 1988 through February 28, 1989 | 8.9% |
March 1, 1989 through February 28, 1990 | 10.2% |
(c) Tax on owners of motor vehicles. (Chapter 22 of Title 11 of the Administrative Code). Any person failing to file a return or to pay any tax or any portion thereof within the time required by law shall be subject to a penalty of five times the amount of the tax due, plus interest of five percent of such tax for each month of delay or fraction thereof, but the Commissioner of Finance if satisfied that the delay was excusable, may remit all or any part of such penalty, but not interest at the rate of 6% per year.