Section 11-705. Returns  


Latest version.
  • a. Every tenant subject to tax under this chapter
      shall file with the commissioner of finance a return with respect to the
      taxes payable for the three month periods ending on  the  last  days  of
      August,  November  and  February  of  each  year and a final return with
      respect to the taxes payable for the tax year ending on the last day  of
      May  of  each year.  Such returns shall be filed within twenty days from
      the expiration of the period covered thereby. A  tenant  who  is  exempt
      from  the  tax  by  reason  of paragraph two of subdivision b of section
      11-704 of this chapter shall nevertheless be required to  file  a  final
      return, provided, however, that for tax years beginning on or after June
      first,  nineteen  hundred  ninety-five  and  ending  on  or  before  May
      thirty-first, nineteen hundred ninety-seven, no such final return  shall
      be  required from such exempt tenant with respect to taxable premises if
      (1) the tenant's rent for such premises, determined  without  regard  to
      any  deduction  from  or  reduction in rent or base rent allowed by this
      chapter, does not exceed fifteen thousand dollars for the tax  year  and
      (2)  in the case of a tenant who has more than one taxable premises, the
      aggregate rents for all such premises, determined without regard to  any
      deduction  from  or  reduction  in  rent  or  base  rent allowed by this
      chapter, do not exceed fifteen thousand dollars for the  tax  year.  For
      tax  years  beginning  on  June first, nineteen hundred ninety-seven and
      ending on or before May thirty-first, two thousand one,  no  such  final
      return  shall  be  required  from such exempt tenant with respect to any
      taxable premises if (1) the tenant's rent for such premises,  determined
      without  regard  to any deduction from or reduction in rent or base rent
      allowed by this chapter, does not exceed seventy-five  thousand  dollars
      for  the  tax  year  and (2) the amount of rent received or due from any
      subtenant of such exempt tenant with respect to such premises  does  not
      exceed  seventy-five  thousand  dollars  for the tax year. For tax years
      beginning on or after June first, two thousand one, no such final return
      shall be required from such exempt tenant with respect  to  any  taxable
      premises  if (1) the tenant's rent for such premises, determined without
      regard to any deduction from or reduction in rent or base  rent  allowed
      by  this  chapter,  does not exceed two hundred thousand dollars for the
      tax year and (2) the amount of rent received or due from  any  subtenant
      of  such exempt tenant with respect to such premises does not exceed two
      hundred thousand dollars for the tax year. Notwithstanding  anything  in
      this  subdivision to the contrary, for tax periods beginning on or after
      September first,  nineteen  hundred  ninety-five,  no  return  shall  be
      required  pursuant  to  this  subdivision  with  respect  to any taxable
      premises located in that part of the city specified in paragraph one  of
      subdivision  h  of  section  11-704 of this chapter, and no such taxable
      premises shall be taken into account for purposes of clause two  of  the
      preceding  sentence.  The  commissioner of finance may permit or require
      returns (including final returns) to be made for other periods and  upon
      such  dates  as  the  commissioner may specify and if he or she deems it
      necessary, in order to insure the payment of the  tax  imposed  by  this
      chapter,  the  commissioner  may  require  such  returns  to be made for
      shorter periods than those prescribed by  the  foregoing  provisions  of
      this section, and upon such dates as he or she may specify.
        b. The commissioner of finance may by regulation require the filing of
      information  returns  and  supplemental information returns by landlords
      and by tenants of taxable premises, whether or not they are required  to
      pay the tax imposed by this chapter, upon such dates or at such times as
      the  commissioner  may  specify  if  he  or she deems the filing of such
      information returns necessary for proper administration of this chapter.
        c. The form of returns and information returns shall be prescribed  by
      the  commissioner  of  finance and shall contain such information as the
    
      commissioner may deem necessary for the proper  administration  of  this
      chapter.  The  commissioner  of  finance  may require amended returns or
      amended information returns to be filed within twenty days after  notice
      and to contain the information specified in the notice.
        d.  If  a return or information return is not filed, or if a return of
      any kind when filed is  incorrect  or  insufficient  on  its  face,  the
      commissioner  of  finance  shall take the necessary steps to enforce the
      filing of such a return or of a corrected return.