Section 213. Payment and lien of tax  


Latest version.
  • 1. To the extent the tax imposed by
      section two hundred nine of this chapter shall not have been  previously
      paid pursuant to section two hundred thirteen-b of this chapter,
        a.  such  tax,  or  the  balance  thereof,  shall  be  payable  to the
      commissioner in full at the time the report is required to be filed, and
        b. such tax, or the balance thereof, imposed  on  any  taxpayer  which
      ceases  to exercise its franchise or to be subject to the tax imposed by
      this article shall be payable to the commissioner at the time the report
      is required to be filed, provided such tax  of  a  domestic  corporation
      which  continues to possess its franchise shall be subject to adjustment
      as the circumstances may require; all other taxes of any such  taxpayer,
      which  pursuant  to  the  foregoing  provisions  of  this  section would
      otherwise be payable subsequent to the time such report is  required  to
      be filed, shall nevertheless be payable at such time.
        2.  If any taxpayer, within the time prescribed by section two hundred
      eleven of this article, shall have applied for an automatic extension of
      time to file its annual report and shall have paid to  the  commissioner
      of  taxation and finance on or before the date such application is filed
      an amount properly estimated as  provided  by  said  section,  the  only
      amount  payable  in  addition  to  the  tax  shall  be  interest  at the
      underpayment rate set  by  the  commissioner  pursuant  to  section  one
      thousand  ninety-six of this chapter, or, if no rate is set, at the rate
      of six per centum per annum upon the amount by which  the  tax,  or  the
      portion thereof payable on or before the date the report was required to
      be  filed,  exceeds  the  amount  so paid. For purposes of the preceding
      sentence:
        a. an amount so paid shall be  deemed  properly  estimated  if  it  is
      either  (i)  not  less  than  ninety  per  centum  of the tax as finally
      determined, or (ii) not less than the tax shown on the taxpayer's report
      for the preceding taxable year, if such preceding  year  was  a  taxable
      year of twelve months; and
        b.  the time when a report is required to be filed shall be determined
      without regard to any extension of time for filing such report.
        3. The commissioner may grant  a  reasonable  extension  of  time  for
      payment  of  any tax imposed by this article under such conditions as he
      or she deems just and proper.