Section 1312. Administration, collection and review  


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  • * (a) Except as
      otherwise provided in this article, any  tax  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 of this chapter,
      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 tax 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  tax imposed pursuant to the authority of this article, except where
      inconsistent with a provision of this article.  Whenever there is  joint
      collection  of  state and city personal income taxes, it shall be deemed
      that such collections shall  represent  proportionately  the  applicable
      state  and  city  personal  income taxes in determining the amount to be
      remitted to the city.
        * NB Applies to taxable years beginning on and after January 1, 1999
        (b) The state tax commission, in its discretion, may require or permit
      any or all persons liable for any tax imposed pursuant to the  authority
      of this article to make payments on account of estimated tax and payment
      of  any tax, penalty or interest to such banks, banking housing 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 tax 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) Notwithstanding any other provisions  of  this  article,  any  law
      imposing  a  tax 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 six, may  also  include  any  or  both  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  section
      twenty-five-m 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 or both 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
      section twenty-five-m of the general city law, and
    
        (C)   a   combined  partnership  return  which,  in  addition  to  the
      partnership return provided for by  any  law  enacted  pursuant  to  the
      authority  of  this  article,  may  also  include  either or both of the
      partnership returns required to be filed by a  partnership  pursuant  to
      the provisions of paragraph one of subsection (c) of section six hundred
      fifty-eight of this chapter and required to be filed by such partnership
      pursuant  to  any  local  law  enacted  under  the  authority of section
      twenty-five-m 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  the  tax  law, and the provisions of local laws
      enacted under the authority of this article and section twenty-five-m of
      the general city law.