Section 1332. Administration, collection and review  


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  • * (a) General. Except
      as otherwise provided in this article, any  city  income  tax  surcharge
      imposed  pursuant to the authority of this article shall be administered
      and collected by the state tax commission in the same manner as the  tax
      imposed  by  article  twenty-two  of  this  chapter  is administered and
      collected  by  such  commission.  All  of  the  provisions  of   article
      twenty-two  of  this  chapter  relating  to  or applicable to payment of
      estimated tax, returns, payment of tax, withholding of tax  from  wages,
      employer's  statements  and  returns,  employer's  liability  for  taxes
      required to be withheld and all other provisions of  article  twenty-two
      relating  to  or applicable to the administration, collection, liability
      for and review of the  tax  imposed  by  article  twenty-two,  including
      sections  six hundred fifty-two through six hundred fifty-four, sections
      six hundred fifty-seven through  six  hundred  fifty-nine,  section  six
      hundred  sixty-one,  sections  six  hundred  seventy-one and six hundred
      seventy-two, sections  six  hundred  seventy-four  through  six  hundred
      seventy-eight  and  sections  six hundred eighty-one through six hundred
      ninety-seven of this chapter, inclusive, shall apply to  a  city  income
      tax surcharge imposed pursuant to the authority of this article with the
      same  force  and  effect as if those provisions had been incorporated in
      full into this article, and had expressly referred to  the  city  income
      tax  surcharge imposed pursuant to the authority of this article, except
      where inconsistent with a provision of this article. Whenever  there  is
      joint collection of state personal income tax, city personal income tax,
      city  income  tax surcharge or city nonresident earnings taxes, it shall
      be deemed that  such  collection  shall  represent  proportionately  the
      applicable  state  personal  income  tax, city personal income tax, city
      income tax surcharge or city nonresident earnings taxes  in  determining
      the amount to be remitted to the city.
        * NB Applies to taxable years beginning prior to 1988
        * (a)  General. Except as otherwise provided in this article, any city
      income tax surcharge imposed pursuant to the authority of  this  article
      shall  be  administered  and  collected  by the commissioner in the same
      manner as the tax imposed by  article  twenty-two  of  this  chapter  is
      administered and collected by the commissioner. All of the provisions of
      article  twenty-two of this chapter relating to or applicable to payment
      of estimated tax, returns, payment of tax, claim  of  right  adjustment,
      withholding  of  tax  from  wages,  employer's  statements  and returns,
      employer's liability for taxes required to be  withheld  and  all  other
      provisions  of  article  twenty-two  of  this  chapter  relating  to  or
      applicable to the administration, collection, liability for  and  review
      of the tax imposed by article twenty-two, including sections six hundred
      fifty-two  and six hundred fifty-three, sections six hundred fifty-seven
      through six hundred fifty-nine, sections six hundred sixty-one  and  six
      hundred  sixty-two,  sections  six  hundred  seventy-one and six hundred
      seventy-two, sections  six  hundred  seventy-four  through  six  hundred
      seventy-eight  and  sections  six hundred eighty-one through six hundred
      ninety-seven of this chapter, inclusive, shall apply to  a  city  income
      tax surcharge imposed pursuant to the authority of this article with the
      same  force  and  effect as if those provisions had been incorporated in
      full into this article, and had expressly referred to  the  city  income
      tax  surcharge imposed pursuant to the authority of this article, except
      where inconsistent with a provision of this article. Whenever  there  is
      joint collection of state personal income tax, city personal income tax,
      city  income  tax surcharge or city nonresident earnings taxes, it shall
      be deemed that  such  collection  shall  represent  proportionately  the
      applicable  state  personal  income  tax, city personal income tax, city
    
      income tax surcharge or city nonresident earnings taxes  in  determining
      the amount to be remitted to the city.
        * NB Applies to taxable years beginning after 1987
        * (a)  General. Except as otherwise provided in this article, any city
      income tax surcharge imposed pursuant to the authority of  this  article
      shall  be  administered  and  collected  by the commissioner in the same
      manner as the tax imposed by  article  twenty-two  of  this  chapter  is
      administered and collected by the commissioner. All of the provisions of
      article  twenty-two of this chapter relating to or applicable to payment
      of estimated tax, returns, payment of tax, claim  of  right  adjustment,
      withholding  of  tax  from  wages,  employer's  statements  and returns,
      employer's liability for taxes required to be  withheld  and  all  other
      provisions  of  article  twenty-two  of  this  chapter  relating  to  or
      applicable to the administration, collection, liability for  and  review
      of the tax imposed by article twenty-two, including sections six hundred
      fifty-two   through   six   hundred  fifty-four,  sections  six  hundred
      fifty-seven  through  six  hundred  fifty-nine,  sections  six   hundred
      sixty-one  and  six  hundred sixty-two, sections six hundred seventy-one
      and six hundred seventy-two, sections six hundred  seventy-four  through
      six  hundred  seventy-eight  and sections six hundred eighty-one through
      six hundred ninety-seven of this chapter, inclusive, shall  apply  to  a
      city  income  tax  surcharge  imposed  pursuant to the authority of this
      article with the same force and effect as if those provisions  had  been
      incorporated  in  full  into this article, and had expressly referred to
      the city income tax surcharge imposed pursuant to the authority of  this
      article,  except  where  inconsistent  with a provision of this article.
      Whenever there is joint collection of state personal  income  tax,  city
      personal  income  tax,  city  income  tax  surcharge or city nonresident
      earnings taxes, it shall be deemed that such collection shall  represent
      proportionately  the applicable state personal income tax, city personal
      income tax, city income tax surcharge or city nonresident earnings taxes
      in determining the amount to be remitted to the city.
        * NB Applies to taxable years beginning on and after January 1, 1999
        (b) Payment to designated depositories. The state tax  commission,  in
      its  discretion, may require or permit any or all persons liable for any
      city income tax surcharge imposed pursuant  to  the  authority  of  this
      article  to  make  payments  on  account  of  estimated  city income tax
      surcharge and payment of any  city  income  tax  surcharge,  penalty  or
      interest  of such banks, banking houses or trust companies designated by
      the state tax commission and to file returns with  such  banks,  banking
      houses or trust companies, as agent of the state tax commission, in lieu
      of  paying a city income tax surcharge imposed pursuant to the authority
      of this article directly to the state tax commission. However, the state
      tax commission shall designate only such banks, banking houses or  trust
      companies which are designated by the comptroller as depositories of the
      state.
        (c)  Combined  filings.  Notwithstanding  any other provisions of this
      article, any law imposing a city income tax surcharge  pursuant  to  the
      authority  of  this  article shall provide that the state tax commission
      may require:
        (1) the filing of any or all of the following:
        (A) a combined return which, in addition to the return provided for in
      section thirteen hundred twenty-six, may also include any of the returns
      required to be filed by a resident individual of New York state pursuant
      to the provisions of section six hundred fifty-one of this  chapter  and
      which  may  be  required  to be filed by such individual pursuant to any
      local law enacted  pursuant  to  the  authority  of  article  thirty  or
      thirty-B of this chapter or article two-E of the general city law, and
    
        (B)  a combined employer's return which, in addition to the employer's
      return provided for by any law enacted pursuant to the authority of this
      article, may also include any of the employer's returns required  to  be
      filed  by  the  same  employer pursuant to the provisions of section six
      hundred  seventy-four  of  this chapter and required to be filed by such
      employer pursuant to any  local  law  enacted  under  the  authority  of
      article  thirty  or  thirty-B  of  this  chapter or article two-E of the
      general city law, and
        (2) where a combined return or employer's return is required, and with
      respect to the payment of estimated tax, the state  tax  commission  may
      also  require the payment to it of a single amount which shall equal the
      total of the amounts (total taxes less any  credits  or  refunds)  which
      would  have  been  required  to  be  paid with the returns or employer's
      returns or in payment of estimated tax pursuant  to  the  provisions  of
      article  twenty-two  of  this  chapter, and the provisions of local laws
      enacted under the  authority  of  this  article  or  article  thirty  or
      thirty-B of this chapter or article two-E of the general city law.
        (d)  Liability  for  failure to pay estimated tax. For the tax year in
      which such local law is  enacted,  no  addition  to  the  tax  shall  be
      imposed,  pursuant  to subsection (c) of section six hundred eighty-five
      of this chapter, through the operation of the provisions of this section
      for the portion of the underpayment of estimated tax as the result of  a
      local  law  enacted  pursuant  to  paragraph  (iii) of subsection (c) of
      section thirteen hundred twenty-one of this article.