Section 11-633. Taxpayer's returns  


Latest version.
  • 1. Every taxpayer, on or before March
      fifteenth of  each  year,  beginning  with  the  year  nineteen  hundred
      sixty-seven  and  ending  with  the year nineteen hundred seventy-three,
      shall make a return subscribed by  the  taxpayer  and  affirmed  by  the
      taxpayer  to  be true under the penalties of perjury to the commissioner
      of finance, for the calendar year next preceding, as to the business  or
      that  portion  of the business of such taxpayer the income from which is
      the basis of taxation under part one or two of this  subchapter,  except
      that   every   trust   company  and  savings  bank  which  shall  become
      incorporated between the thirty-first day of December and the succeeding
      first day of July, shall make its return for such period  on  or  before
      September  first,  and  every  taxpayer,  other than a trust company and
      savings bank, which shall commence to do business in the city or  become
      located  in  the  city,  shall  make its return for the calendar year in
      which it commences to do business or becomes located, on or  before  the
      twentieth  day of January of the year succeeding such calendar year, and
      except that every taxpayer, other than a trust company and savings bank,
      which shall be dissolved, cease to do business in the city or  cease  to
      be located in the city, between the thirty-first day of December and the
      succeeding  sixteenth  day  of  March  and  shall  not  become merged or
      consolidated with another corporation taxable under the same part, shall
      make its  return  for  such  period  on  or  before  the  date  of  such
      dissolution,  or  cessation  of  business,  and  every trust company and
      savings bank which shall be dissolved, and shall not  become  merged  or
      consolidated with another corporation taxable under the same part, shall
      make  its  return,  for  the  period  for  which  it  is  taxable  under
      subdivision six of section 11-612 of this subchapter on  or  before  the
      date  of such dissolution. Such return shall be in such form and contain
      such information as the commissioner of  finance  may  require  for  the
      purpose of making any computation or otherwise performing its duty under
      parts  one,  two,  and three of this subchapter. Such return shall state
      specifically the items of gross income derived from  such  business  and
      the  deductions  allowed  by the part for which the return is filed, the
      net income which is the basis of the tax, and the amount of tax due. The
      return shall be subscribed by the president, vice-president,  treasurer,
      assistant  treasurer,  chief  accounting officer or any other officer of
      the taxpayer duly authorized so to act. The fact  that  an  individual's
      name  is  signed  on  the return shall be prima facie evidence that such
      individual is authorized to subscribe and affirm the return on behalf of
      the corporation. Blank  forms  of  return  shall  be  furnished  by  the
      commissioner of finance upon application, but failure to secure the form
      shall  not relieve any taxpayer from the obligation of making any return
      herein required. An automatic extension of three months for  the  filing
      of  its  annual  return shall be allowed for any taxpayer if, within the
      time prescribed herein for the filing thereof, such taxpayer files  with
      the commissioner of finance an application for extension in such form as
      the  commissioner  of finance may prescribe by regulation and pays on or
      before the date of such filing the amount properly estimated as its tax.
      The commissioner of finance may grant a reasonable extension of time for
      filing a return, which may be in addition  to  any  automatic  extension
      allowed  under  the  preceding  sentence, whenever in the commissioner's
      judgment good cause exists  and  shall  keep  a  record  of  every  such
      extension and the reason therefor. No such extension or extensions shall
      aggregate more than three months, exclusive of any automatic extension.
        2.  If  the  amount  of taxable income for any year of any taxpayer as
      returned to the United States treasury department or the New York  state
      tax  department  is changed or corrected by the commissioner of internal
      revenue or other officer of the United States or the New York state  tax
    
      commission  or  other competent authority; or if a taxpayer, pursuant to
      subsection (d) of section sixty-two hundred  thirteen  of  the  internal
      revenue  code,  executes a notice of waiver of the restrictions provided
      in  subsection  (a)  of  such  section,  or  if  a taxpayer, pursuant to
      subdivision (f) of section one  thousand  eighty-one  of  the  tax  law,
      executes  a notice of waiver of the restrictions provided in subdivision
      (c) of such section, such taxpayer shall report such change or corrected
      taxable income or such execution  of  such  notice  of  waiver  and  the
      changes  or  corrections  of  such  taxpayer's federal or New York state
      taxable income on which it is  based,  within  ninety  days  after  such
      execution or the final determination of such change or correction, or as
      required  by the commissioner of finance, and shall concede the accuracy
      of such determination or state wherein it  is  erroneous.  Any  taxpayer
      filing  an  amended  return  with such department shall also file within
      ninety days thereafter  an  amended  return  with  the  commissioner  of
      finance which shall contain such information as it shall require.