Section 1800. Definitions


Latest version.
  • --(a) As used in this article, the term "person"
      shall include, but shall not be limited to, an  individual,  corporation
      (including  a  dissolved  corporation),  partnership,  limited liability
      company, association, trust or estate.
        (b) As used in this article, the term "person" shall also  include  an
      officer, employee or agent of a corporation; a member, manager, employee
      or  agent of a partnership, limited liability company or association; an
      employee or agent of an individual proprietorship; an employee or  agent
      of an estate or trust; or a fiduciary.
        (c)  As  used  in  this  article,  the  term  "felony"  and  the  term
      "misdemeanor" shall have the same meaning as they have in the penal law,
      and the disposition of such offenses and the sentences imposed  therefor
      shall  be  as  provided  in  such  law  except;  (1) notwithstanding the
      provisions of paragraph a  of  subdivision  one  of  section  80.00  and
      paragraph  (a)  of  subdivision  one  of  section 80.10 of the penal law
      relating to the fine for a felony, the court may impose a  fine  not  to
      exceed  the  greater of double the amount of the underpaid tax liability
      resulting from the commission of the crime or  fifty  thousand  dollars,
      or,  in the case of a corporation the fine may not exceed the greater of
      double the amount of the underpaid  tax  liability  resulting  from  the
      commission  of  the  crime or two hundred fifty thousand dollars and (2)
      notwithstanding the provisions of subdivision one of section  80.05  and
      paragraph  (b)  of  subdivision  one  of  section 80.10 of the penal law
      relating to the fine for a class A misdemeanor, the court may  impose  a
      fine  not  to  exceed ten thousand dollars, except that in the case of a
      corporation the fine may not exceed twenty thousand dollars.
        (d) As used in this article, the term "related statute" means any  tax
      imposed  by  any  law,  ordinance  or resolution enacted pursuant to the
      authority of this chapter or article two-E  of  the  general  city  law,
      while  such  article  two-E  shall  remain in full force and effect, and
      administered by the tax commission.
        (e) As used in this article, the term "related income or earnings  tax
      statute"  means any law, ordinance or resolution imposed pursuant to the
      authority of article thirty, thirty-a or thirty-b  of  this  chapter  or
      article  two-E  of  the general city law, while such article two-E shall
      remain in full force and effect.