Section 181. License and maintenance fees on foreign corporations

1. (a)
  Definition. As used in this section, the term "corporation"  includes  a
  joint-stock  company  or  association  and  any  business conducted by a
  trustee or trustees  wherein  interest  or  ownership  is  evidenced  by
  certificate or other written instrument.
    (b) Imposition. Every foreign corporation, except banking corporations
  as defined in paragraph one, two, three, four, five, six, seven or eight
  of subsection (a) of section fourteen hundred fifty-two of this chapter,
  fire,  marine,  casualty  and  life  insurance  companies,  co-operative
  fraternal insurance companies, and building and loan associations, doing
  business in this state, shall pay a license fee of one-twentieth of  one
  per  centum  on  its issued par value capital stock employed within this
  state and five cents on each share of  its  capital  stock  without  par
  value  employed  within  this  state for the privilege of exercising its
  corporate franchises or carrying on its business in  such  corporate  or
  organized  capacity  in  this  state. The first payment pursuant to this
  section shall not be less than ten dollars.
    (c) Recomputation based on changes. In any case where a change is made
  in the capital share structure  of  a  corporation,  or  the  amount  of
  capital  stock  employed  in  this  state is increased, the fee shall be
  recomputed on the basis of such change or increase, and there  shall  be
  credited  against the fee, as recomputed, the amount of any fee that may
  have been previously paid pursuant to this  section,  but,  if  the  fee
  previously paid exceeds the fee as recomputed, there shall be no refund.
    (d) Apportionment. The measure of the amount of capital stock employed
  in this state shall be such a portion of the issued capital stock as the
  gross  assets,  exclusive of obligations issued by the United States and
  cash on hand and on deposit, employed in business  by  such  corporation
  within  this  state,  bear to the gross assets, exclusive of obligations
  issued by the United States and cash on hand and  on  deposit,  wherever
  employed  in  business  by  such  corporation, except that the amount of
  capital stock employed in this state by a  corporation  subject  to  tax
  under  article  nine-A  of  this chapter shall be that proportion of its
  capital stock  which  is  equal  to  the  proportion  of  its  business,
  investment and subsidiary capital allocable within the state pursuant to
  the provisions of said article. The capital of a corporation invested in
  the  stock  of  another corporation shall be deemed to be assets located
  where the  assets  of  the  issuing  corporation,  other  than  patents,
  copyrights, trade-marks, contracts and good will, are located.
    (e)  Procedures  and collection. The amount of capital upon which such
  license fees shall be paid shall be fixed by the commissioner, who shall
  have the same authority to examine the books and records in  this  state
  of  such  foreign  corporations,  and  the  employees  thereof  as  such
  commissioner  has  in  the  case  of  domestic  corporations,  and   the
  commissioner  shall  have  the  same  power  to  issue a warrant for the
  collection of such license fees, as now exists with regard  to  domestic
  corporations.
    (f)  Article  nine-A taxpayers. Notwithstanding any other provision of
  this section, every foreign corporation subject  to  tax  under  article
  nine-A  of this chapter shall also be subject to the license fee imposed
  by this section for the privilege of exercising its corporate franchise,
  or of doing business, or of employing capital, or of owning  or  leasing
  property  in  this  state  in  a  corporate or organized capacity, or of
  maintaining an office in this state.
    2. Annual maintenance fee. (a) Imposition. Every foreign  corporation,
  except  banking  corporations  as  defined in paragraph one, two, three,
  four, five, six, seven or eight of subsection (a)  of  section  fourteen
  hundred  fifty-two  of  this  chapter,  fire,  marine, casualty and life

  insurance companies,  co-operative  fraternal  insurance  companies  and
  building  and  loan  associations, which is authorized to do business in
  this state pursuant to article thirteen  or  article  fifteen-A  of  the
  business  corporation  law  shall pay an annual maintenance fee of three
  hundred dollars for each year or portion thereof  for  which  it  is  so
  authorized,  provided, however, such fee shall be reduced by twenty-five
  per centum if the period for which the fee is imposed consists  of  more
  than six months but not more than nine months and by fifty per centum if
  the  period  for  which the fee is imposed consists of not more than six
  months.
    (b) Payment. Each corporation required to pay such fee shall, for each
  of its calendar or fiscal years, or portion thereof, or  if  subject  to
  any  tax  under  this  article,  article  nine-A  or  thirty-two of this
  chapter, for each of its calendar or fiscal years or taxable periods, or
  portion thereof, specified in this article, article nine-A or thirty-two
  of this chapter during which it was or continued to be authorized to  do
  business  in  this  state,  pay  such fee within two and one-half months
  after the close of such calendar or fiscal year or other period.    Such
  fee  shall  continue  to be paid annually thereafter until (A) such time
  that the corporation has, pursuant to section thirteen  hundred  ten  or
  thirteen  hundred  eleven  of  the  business  corporation  law,  filed a
  certificate of surrender of authority or a certificate, order or decree,
  the filing of which has the same effect as the filing of  a  certificate
  of  surrender  of  authority  or (B) the time to annul the suspension of
  authority of the corporation to do business in this state  provided  for
  in  section  thirteen  hundred  nine of the business corporation law has
  expired or (C) the authority of the corporation to do business  in  this
  state has been annulled pursuant to the provisions of this section or of
  section  thirteen hundred three or section fifteen hundred thirty-two of
  the business corporation law, at any of which times  such  fee  for  the
  year or portion thereof terminating at such time shall finally be paid.
    (c)  Credit  for  fee paid. There shall be allowed as a credit against
  the tax due under this article (except the taxes  and  fees  imposed  by
  sections  one hundred eighty and one hundred eighty-one), article nine-A
  or thirty-two of this chapter for any fiscal  year,  calendar  year,  or
  taxable  period  or  portion thereof, the amount of the fee paid for the
  same fiscal or calendar year or portion of a year or the  tax  for  such
  year or portion thereof, whichever is less.
    (d)  Assessment  and collection. Any fee remaining unpaid within or at
  the time required, shall be deemed assessed on the  last  day  permitted
  for  the  timely  payment thereof, or in the case of a final payment, on
  the day such fee was required to be paid. The  commissioner  shall  have
  the  same  power  to  issue a warrant for such unpaid fees or to enforce
  payment of the same as now exists with regard to taxes imposed  by  this
  article,  article  nine-A  or thirty-two of this chapter which have been
  assessed but remain unpaid.