Section 1455-A. Tax surcharge  


Latest version.
  • (a)  In addition to the tax imposed under
      section fourteen hundred fifty-one of  this  article,  there  is  hereby
      imposed,  (1)  for  taxable  years ending after June thirtieth, nineteen
      hundred eighty-nine and before July first, nineteen  hundred  ninety,  a
      tax surcharge at the rate of two and one-half percent of the tax imposed
      under  section  fourteen  hundred  fifty-one  of  this  article,  before
      deduction of any credits against  tax  otherwise  allowable  under  this
      article  for  all  or  any  parts of such taxable years, (2) for taxable
      years ending after June thirtieth, nineteen hundred  ninety  and  before
      July  first,  nineteen  hundred  ninety-four,  and  until  such  rate is
      superseded, a tax surcharge at the rate of fifteen percent  of  the  tax
      imposed  under section fourteen hundred fifty-one of this article, after
      deduction of any credits against  tax  otherwise  allowable  under  this
      article,  (3)  for  taxable  years ending after June thirtieth, nineteen
      hundred ninety-four and before July first, nineteen hundred ninety-five,
      and until such rate is superseded, a tax surcharge at the  rate  of  ten
      percent  of  the tax imposed under section fourteen hundred fifty-one of
      this article, after deduction of any credits against the  tax  otherwise
      allowable  under  this  article, (4) for taxable years ending after June
      thirtieth, nineteen hundred ninety-five and before July first,  nineteen
      hundred  ninety-six,  and until such rate is superseded, a tax surcharge
      at the rate of five precent of the tax imposed  under  section  fourteen
      hundred  fifty-one  of  this  article,  after  deduction  of any credits
      against the tax otherwise allowable  under  this  article  and  (5)  for
      taxable  years  ending after June thirtieth, nineteen hundred ninety-six
      and before July first, nineteen hundred ninety-seven, a tax surcharge at
      the rate of zero percent of  the  tax  imposed  under  section  fourteen
      hundred  fifty-one  of  this  article,  after  deduction  of any credits
      against the tax otherwise allowable under this article. However, the tax
      surcharge imposed by this section  at  the  rate  of  two  and  one-half
      percent  shall  not  be  imposed  upon any taxpayer for more than twelve
      months, the tax surcharge imposed by this section at the rate of fifteen
      percent shall not be imposed upon any taxpayer for more than forty-eight
      months, and the tax surcharges imposed by this section at the  rates  of
      ten  percent,  five percent and zero percent shall not, respectively, be
      imposed  upon  any  taxpayer  for  more  than  twelve  months,  and  the
      commissioner  shall  prescribe by regulation or instructions a method of
      proration designed to effectuate such result. The  credits  against  tax
      otherwise  allowable  under  section  fourteen hundred fifty-six of this
      article shall not be allowed as  a  credit  against  the  tax  surcharge
      imposed by this section.
        (b)  (1)  The  provisions  concerning  returns  under section fourteen
      hundred sixty-two of this article shall be applicable to  this  section,
      except  that  for  purposes of an automatic extension for six months for
      filing a return  covering  the  taxes  imposed  by  this  article,  such
      automatic extension shall be allowed, for taxable years to which the tax
      surcharge  imposed  by this section apply, only if a taxpayer files with
      the commissioner an application  for  extension  in  such  form  as  the
      commissioner may prescribe and pays on or before the date of such filing
      in  addition  to  any other amounts required under this article, two and
      one-half percent, fifteen percent, ten percent,  five  percent  or  zero
      percent,  whichever  is the rate applicable to the taxable year pursuant
      to subsection (a) of this section, of the amount properly  estimated  as
      provided  in  subsection  (b) of section fourteen hundred sixty-three of
      this article as its tax payable under section fourteen hundred fifty-one
      of this article, before deduction of any credits against  tax  otherwise
      allowable  under  section fourteen fifty-six of this article in the case
      of the tax surcharge imposed at the rate of two  and  one-half  percent,
    
      and after deduction of any credits against tax otherwise allowable under
      section  fourteen  hundred  fifty-six of this article in the case of the
      tax surcharge imposed at the rate of fifteen, ten, five or zero percent.
      The  tax  surcharge  imposed  by  this  section  shall be payable to the
      commissioner in full at the time the return is required to be filed.
        (2)  Except  as  otherwise  provided  in  this  section,  all  of  the
      provisions   of  this  article,  except  for  section  fourteen  hundred
      fiftyfive-B, presently applicable are applicable to  the  tax  surcharge
      imposed  by  this section with such modifications as may be necessary to
      adapt such language to the tax surcharge imposed by this  section.  Such
      provisions  shall  apply  with  the  same  force  and effect as if those
      provisions had been set forth in full in  this  section  except  to  the
      extent  that  any  provision  is either inconsistent with a provision of
      this section or not relevant  to  the  tax  surcharge  imposed  by  this
      section  and  to that end a reference in this article to the tax imposed
      by section fourteen hundred fifty-one shall be read as  a  reference  to
      the  tax  surcharge  imposed by this section, and to the sum of such tax
      and such tax surcharge in the case of sections  fourteen  hundred  sixty
      and fourteen hundred sixty-one of this article and such other provisions
      requiring  such  reading  in  order  to  effectuate the purposes of this
      provision, unless a different meaning is clearly required.
        (c) Coordination with section fourteen hundred  fifty-five-B  of  this
      article.  The  amount  of tax surcharge imposed pursuant to this section
      shall not be included in any calculation  of  a  tax  surcharge  imposed
      pursuant to section fourteen hundred fifty-five-B of this article.
        (d)  Insofar  as  subsection (a) of this section establishes a rate of
      fifteen  percent  in  the  case  of  taxable  years  ending  after  June
      thirtieth,  nineteen  hundred  ninety  and  before  July first, nineteen
      hundred ninety-four and until such rate is superseded,  a  rate  of  ten
      percent  in  the  case  of  taxable  years  ending after June thirtieth,
      nineteen hundred ninety-four and before  July  first,  nineteen  hundred
      ninety-five and until such rate is superseded, a rate of five percent in
      the  case of taxable years ending after June thirtieth, nineteen hundred
      ninety-five and before July first, nineteen hundred ninety-six and until
      such rate is superseded, and a rate of  zero  percent  in  the  case  of
      taxable  years  ending after June thirtieth, nineteen hundred ninety-six
      and before July first, nineteen  hundred  ninety-seven,  the  transition
      from such rate of fifteen percent to such rate of ten percent, from such
      rate  of ten percent to such rate of five percent, and from such rate of
      five percent to such rate of zero percent, shall  be  deemed  to  occur,
      respectively,  on  the  first  day  of the seventh month of each of such
      taxable years, with the result that for purposes  of  implementation  of
      such changes in rates, and notwithstanding such subsection (a), there is
      hereby  imposed  with  respect  to  all  taxable years ending after June
      thirtieth, nineteen hundred ninety-four and before July first,  nineteen
      hundred  ninety-five,  including  taxable  years  of  fewer  than twelve
      months, a tax surcharge at the rate  of  twelve  and  one-half  percent;
      there  is  hereby imposed with respect to all taxable years ending after
      June thirtieth, nineteen hundred  ninety-five  and  before  July  first,
      nineteen  hundred  ninety-six,  including  taxable  years  of fewer than
      twelve months, a tax  surcharge  at  the  rate  of  seven  and  one-half
      percent;  and  there is hereby imposed with respect to all taxable years
      ending after June thirtieth, nineteen hundred ninety-six and before July
      first, nineteen hundred ninety-seven, including taxable years  of  fewer
      than  twelve  months,  a  tax  surcharge at the rate of two and one-half
      percent.  In  addition,  for  purposes  of  implementation  of  all  the
      provisions  of  this  section references to ten percent shall be read as
      references to twelve and one-half percent, references  to  five  percent
    
      shall be read as references to seven and one-half percent and references
      to zero percent shall be read as references to two and one-half percent.