Section 1137-A. Returns of estimated tax and payments  


Latest version.
  • (a) Notwithstanding
      any  other  provision  of  this  article,  every  person  whose  taxable
      receipts,  amusement  charges  and  rents totaled three hundred thousand
      dollars or more in  the  quarterly  period  ending  November  thirtieth,
      nineteen  hundred  seventy-five,  shall  file,  with  or  as part of the
      quarterly return and  payment  due  March  twentieth,  nineteen  hundred
      seventy-six, a return setting forth the total sales and compensating use
      taxes  estimated  to  be  payable by such person for the month of March,
      nineteen hundred seventy-six calculated for such month in the manner set
      forth in subdivisions (a) and (b) of section eleven hundred thirty-seven
      and pay to the tax commission the  tax  so  calculated.  Any  adjustment
      necessary to properly report and pay the tax for March, nineteen hundred
      seventy-six  shall  be  reported on and paid with the monthly return due
      April twentieth, nineteen hundred seventy-six.  The penalty provided for
      in subdivision (a) of section eleven hundred forty-five shall apply  for
      purposes of the return and payment of estimated tax required to be filed
      and  paid  under  this  subdivision.  Provided,  however,  no penalty or
      interest shall be payable with respect to such  return  and  payment  of
      estimated  tax  if such return is timely filed, accompanied by a payment
      of not less than ninety percent of the tax as finally determined  to  be
      due  and  payable  for  March,  nineteen  hundred seventy-six. Provided,
      further, that interest at the rate authorized under subdivision nine  of
      section  eleven  hundred  forty-two, shall be payable upon the amount of
      any underpayment of the tax due with such return, but not  beyond  April
      twentieth, nineteen hundred seventy-six.
        (b)   For   the   period  commencing  March  first,  nineteen  hundred
      seventy-seven  and  ending  February  twenty-eighth,  nineteen   hundred
      eighty-three, every person required to file a monthly return pursuant to
      subdivision  (a) of section eleven hundred thirty-six, shall file, on or
      before each twentieth day of March, with  or  as  part  of  the  monthly
      return  and  payment  otherwise  due  in  such  month,  either:    (i) a
      long-form, part-quarterly return  setting  forth  the  total  sales  and
      compensating  use  taxes estimated to be payable by such person for such
      month of March calculated for such month in  the  manner  set  forth  in
      subdivisions  (a)  and  (b)  of section eleven hundred thirty-seven; or,
      (ii) in the event such person is otherwise eligible  and  so  elects,  a
      short-form,  part-quarterly  return,  and in either case, pay to the tax
      commission the tax calculated thereunder. Any  adjustment  necessary  to
      properly  report and pay the tax for March shall be reported on and paid
      with the monthly return due in April.
        (c)  For  the  period  commencing  March   first,   nineteen   hundred
      eighty-three   and   ending   February  twenty-eight,  nineteen  hundred
      ninety-one, every person required to file a monthly return  pursuant  to
      subdivision  (a)  of  section eleven hundred thirty-six of this article,
      shall file, on or before each twentieth day of March, with or as part of
      the monthly return and payment otherwise due  in  such  month,  a  March
      estimated  return  setting forth, either: (i) the sales and compensating
      use taxes estimated to be payable by such person for such month of March
      calculated for such month in the manner set forth in  paragraph  two  of
      subdivision  (c) of section eleven hundred thirty-seven; or, (ii) in the
      event such person has had at least four successive quarterly tax periods
      immediately preceding the March for which the return is to be filed  and
      so  elects, one-third of the sales and compensating use taxes payable by
      such person to the  commissioner  for  the  comparable  quarter  of  the
      immediately preceding year calculated for such comparable quarter in the
      manner  set  forth in paragraph one of subdivision (c) of section eleven
      hundred thirty-seven. In either case,  such  person  shall  pay  to  the
      commissioner the tax so calculated. Any adjustment necessary to properly
    
      report  and pay the tax for March shall be reported on and paid with the
      monthly return due in April.
        (d) Except as otherwise provided in this article and to the extent not
      inconsistent  with  this  section, all of the provisions of this article
      shall apply for purposes of the  estimated  tax  provided  for  in  this
      section.