N.Y.
Tax Law Section 188
Tax surcharge
1.
In addition to the taxes imposed under sections one hundred eighty-three, one hundred eighty-four, one hundred eighty-six and one hundred eighty-six-a of this article, there is hereby imposed, for years ending on December thirty-first, nineteen hundred ninety, nineteen hundred ninety-one, nineteen hundred ninety-two, nineteen hundred ninety-three, nineteen hundred ninety-four, nineteen hundred ninety-five and nineteen hundred ninety-six, and, in addition to the tax imposed under § 186-E (Excise tax on telecommunication services)section one hundred eighty-six-e of this article, there is hereby imposed, for years ending on December thirty-first, nineteen hundred ninety-five and nineteen hundred ninety-six, a tax surcharge at the rate of fifteen percent in the case of years ending on December thirty-first, nineteen hundred ninety, nineteen hundred ninety-one, nineteen hundred ninety-two and nineteen hundred ninety-three, and until such rate is superseded; at the rate of ten percent in the case of years ending on December thirty-first, nineteen hundred ninety-four, and until such rate is superseded; at the rate of five percent in the case of years ending on December thirty-first, nineteen hundred ninety-five, and until such rate is superseded; and at the rate of zero percent in the case of years ending on December thirty-first, nineteen hundred ninety-six, of the tax imposed under sections one hundred eighty-three, one hundred eighty-four, one hundred eighty-six, one hundred eighty-six-a and one hundred eighty-six-e of this article, after deduction of any credits against tax otherwise allowable under this article. However, the tax surcharge imposed by this section shall not be imposed upon any taxpayer for more than eighty-four months (or twenty-four months, in the case of the tax imposed under section one hundred eighty-six-e). The credits against tax otherwise allowable under this article shall not be allowed against the tax surcharge imposed by this section. Provided that, with respect to the year ending on December thirty-first, nineteen hundred ninety-one, the foregoing tax surcharge imposed under this section with respect to such section one hundred eighty-six-a of this article shall be computed based upon the tax liability under such section for such period undiminished by the application of any utility credit under article thirteen-A of this chapter. Provided, further, that in addition to the aforesaid tax surcharge imposed with respect to such § 186-A (Tax on the furnishing of utility services)section one hundred eighty-six-a of this article for the year ending on December thirty-one, nineteen hundred ninety-one, for such year there is also hereby imposed an amount in addition to such surcharge; such additional amount shall be equal to fifteen percent of the total amount of the utility credit under article 13-A (Tax On Petroleum Businesses)article thirteen-A of this chapter which was applied against tax liability under such § 186-A (Tax on the furnishing of utility services)section one hundred eighty-six-a of this article for the tax year ending December thirty-first, nineteen hundred ninety. 1-a. Insofar as subdivision one of this section establishes a rate of fifteen percent in the case of years ending on December thirty-first, nineteen hundred ninety-three and until such rate is superseded, a rate of ten percent in the case of years ending on December thirty-first, nineteen hundred ninety-four and until such rate is superseded, a rate of five percent in the case of years ending on December thirty-first, nineteen hundred ninety-five and until such rate is superseded, and a rate of zero percent in the case of years ending on December thirty-first, nineteen hundred ninety-six, 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 years ending on December thirty-first, nineteen hundred ninety-four, nineteen hundred ninety-five and nineteen hundred ninety-six, with the result that for purposes of implementation of such changes in rates, and notwithstanding such subdivision one, there is hereby imposed with respect to all years ending on December thirty-first, nineteen hundred ninety-four, including 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 years ending on December thirty-first, nineteen hundred ninety-five, including 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 years ending on December thirty-first, nineteen hundred ninety-six, including years of fewer than twelve months, a tax surcharge at the rate of two and one-half percent.2.
The provisions concerning reports under sections one hundred eighty-six-a, one hundred eighty-six-e and one hundred ninety-two of this article shall be applicable to this section, except that the report covering the tax surcharge computed on the tax imposed under § 183 (Franchise tax on transportation and transmission corporations and associations)section one hundred eighty-three of this article shall be filed on or before the date one year after the date on which the report of such tax is required to be filed. An extension pursuant to section one hundred ninety-three shall be allowed, for taxable years to which the tax surcharge imposed by this section applies, only if a taxpayer files with the commissioner an application for extension in such form as said commissioner may prescribe, and pays on or before the date of such filing in addition to any other amounts required under this article, either ninety percent of the tax surcharge required to be paid under this section for the applicable period or not less than the tax surcharge shown on the taxpayer’s report for the preceding period, if such preceding period consisted of twelve months, or in the case of the tax surcharge for the year ending December thirty-first, nineteen hundred ninety, fifteen percent of the tax after the deduction of credits, shown on the taxpayer’s report for the year ending December thirty-first, nineteen hundred eighty-nine if such year consisted of twelve months. The tax surcharge imposed by this section shall be payable to the commissioner in full at the time the report is required to be filed.3.
Except as otherwise provided in this section, all of the provisions of this article, except for sections one hundred eighty-three-a, one hundred eighty-four-a, one hundred eighty-six-b, one hundred eighty-six-c and two hundred five, shall apply 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 one hundred eighty-three, one hundred eighty-four, one hundred eighty-six, one hundred eighty-six-a or one hundred eighty-six-e of this article 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 one hundred ninety-seven-a and one hundred ninety-seven-b 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.4.
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 one hundred eighty-three-a, one hundred eighty-four-a, one hundred eighty-six-b or one hundred eighty-six-c of this article.
Source:
Section 188 — Tax surcharge, https://www.nysenate.gov/legislation/laws/TAX/188 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
