Section 11-511. Declarations of estimated tax  


Latest version.
  • (a)  Requirement  of
      declaration.  Except as provided in subdivision  (j)  of  this  section,
      every  unincorporated business shall make a declaration of its estimated
      tax  for  the  taxable  year,  containing  such   information   as   the
      commissioner of finance may prescribe by regulations or instruction, if:
        (1)  for taxable years beginning after nineteen hundred eighty-six but
      before nineteen hundred ninety-six, its unincorporated business  taxable
      income can reasonably be expected to exceed fifteen thousand dollars;
        (2)  for  taxable  years beginning in nineteen hundred ninety-six, its
      unincorporated business taxable income can  reasonably  be  expected  to
      exceed twenty thousand dollars;
        (3)  for taxable years beginning after nineteen hundred ninety-six but
      before two thousand nine, its estimated tax can reasonably  be  expected
      to exceed one thousand eight hundred dollars; and
        (4)  for  taxable  years  beginning  after  two  thousand  eight,  its
      estimated tax can reasonably be expected to exceed three  thousand  four
      hundred dollars.
        (b)  Definition  of  estimated tax. The term "estimated tax" means the
      amount which an unincorporated business estimates to be  its  tax  under
      this chapter for the taxable year, less the amount which it estimates to
      be  the  sum  of  any  credits  allowable against the tax other than the
      credit allowable  under  subdivision  (c)  of  section  11-503  of  this
      chapter.
        (c)  Time  for  filing  declaration. Except as hereinafter provided, a
      declaration of estimated tax required under this section shall be  filed
      on or before April fifteenth of the taxable year provided, however, that
      if the requirements of subdivision (a) of this section are first met:
        (1)  after April first and before June second of the taxable year, the
      declaration shall be filed on or before June fifteenth, or
        (2) after June first and before September second of the taxable  year,
      the declaration shall be filed on or before September fifteenth, or
        (3)  after  September first of the taxable year, the declaration shall
      be filed on or before January fifteenth of the succeeding year.
        (d) Filing of declarations on or before January fifteenth.
        (1) A declaration of  estimated  tax  by  an  unincorporated  business
      having  an estimated unincorporated business taxable income from farming
      (including oyster farming) for  the  taxable  year  which  is  at  least
      two-thirds of its total estimated unincorporated business taxable income
      for  the  taxable  year  may  be  filed at any time on or before January
      fifteenth of the succeeding year.
        (2) For taxable years beginning before nineteen hundred  ninety-seven,
      a  declaration  of  estimated tax under this section of forty dollars or
      less for the taxable year may be filed at any time on or before  January
      fifteenth  of  the succeeding year under regulations of the commissioner
      of finance.
        (e) Amendments of declaration. An unincorporated business may amend  a
      declaration under regulations of the commissioner of finance.
        (f)  Return  as  declaration  or  amendment.  If on or before February
      fifteenth of the succeeding  taxable  year  an  unincorporated  business
      subject  to  the  estimated  tax  requirements of this section files its
      return for the taxable year for which the declaration is  required,  and
      pays  on  or before such date the full amount of the tax shown to be due
      on the return:
        (1)  such  return  shall  be  considered  as  its  declaration  if  no
      declaration  was  required  to  be filed during the taxable year, but is
      otherwise required to be filed on or before  January  fifteenth  of  the
      succeeding year, and
    
        (2)  such  return  shall  be  considered as the amendment permitted by
      subdivision (e) to be filed on or before January fifteenth  if  the  tax
      shown  on  the  return  is  greater  than  the  estimated tax shown in a
      declaration previously made.
        (g) Fiscal year. This section shall apply to a taxable year other than
      a  calendar  year  by the substitution of the months of such fiscal year
      for the corresponding months specified in this section.
        (h) Short taxable year. An  unincorporated  business  subject  to  the
      estimated  tax requirements of this section and having a taxable year of
      less than twelve months shall make  a  declaration  in  accordance  with
      regulations of the commissioner of finance.
        (i)  Declaration  of  unincorporated  business under a disability. The
      declaration of estimated tax for an  unincorporated  business  which  is
      unable  to  make a declaration for any reason shall be made and filed by
      the committee, fiduciary or other person charged with the  care  of  the
      property  of  such  unincorporated  business  (other  than a receiver in
      possession of only a part of such property),  or  by  his  or  her  duly
      authorized agent.
        (j)  Declaration of estimated tax for taxable years beginning prior to
      July thirteenth, nineteen hundred sixty-six. Notwithstanding subdivision
      (c) of this  section,  no  declaration  of  estimated  tax  required  by
      subdivision  (a)  of this section need be filed until September twelfth,
      nineteen hundred sixty-six.