N.Y.
Tax Law Section 873
Procedural and administrative provisions
(a)
General. All provisions of article 22 (Personal Income Tax)article twenty-two of this chapter will apply to the provisions of this article in the same manner and with the same force and effect as if the language of article twenty-two of this chapter had been incorporated in full into this article and had been specifically adjusted for and expressly referred to the tax imposed by this article, except to the extent that any provision is either inconsistent with a provision of this article or is not relevant to this article. Notwithstanding the preceding sentence, no credit authorized to offset the tax imposed pursuant to article 22 (Personal Income Tax)article twenty-two of this chapter or authorized pursuant to § 1310 (Credits against tax)section thirteen hundred ten of this chapter can be used to offset the tax due pursuant to this article.(b)
Notwithstanding any other law to the contrary, the commissioner may require that any form or return required pursuant to this article must be filed electronically and any payment of tax must be paid electronically.(c)
Liability for tax.(1)
An electing city partnership or electing city resident S corporation shall be liable for the tax due pursuant to this article.(2)
Except as provided in paragraph three of this subsection, any city taxpayer eligible to claim a credit authorized pursuant to subsection (g) of § 1310 (Credits against tax)section thirteen hundred ten of this chapter because such taxpayer is a partner or member in an electing city partnership or a shareholder in an electing city resident S corporation, either directly or through a disregarded entity, shall be severally liable for such taxpayer’s direct share of city pass-through entity tax to the extent the tax due pursuant to this article is not paid by the electing city partnership or electing city resident S corporation.(3)
Any taxpayer eligible to claim a credit authorized pursuant to subsection (g) of § 1310 (Credits against tax)section thirteen hundred ten of this chapter or a credit authorized pursuant to subsection (kkk) of § 606 (Credits against tax)section six hundred six of this chapter because such taxpayer is a partner or member in an electing city partnership or a shareholder in an electing city resident S corporation, either directly or through a disregarded entity, that is a general, managing or controlling partner of the electing city partnership or managing or controlling shareholder of the electing city resident S corporation, or owns greater than fifty percent of the interests or profits of the electing city partnership or electing city resident S corporation, or is under a duty to act for the electing city partnership or electing city resident S corporation in complying with the provisions of this article, or was the individual that made the election on behalf of the electing city partnership or electing city resident S corporation authorized by § 868 (City pass-through entity tax election)section eight hundred sixty-eight of this article, shall be jointly and severally liable for the tax imposed pursuant to this article on such electing city partnership or electing city resident S corporation.(d)
Deposit and disposition of revenue. All taxes, interest, penalties, and fees collected or received by the commissioner pursuant to this article shall be deposited and disposed of in the manner set forth by article thirty of this chapter for taxes imposed pursuant to such article, including but not limited to provisions of such article relating to payments to the New York city transitional finance authority.(e)
Secrecy provision. All the provisions of paragraphs one and two of subsection (e) of § 697 (General powers of tax commission)section six hundred ninety-seven of this chapter will apply to the provisions of this article. Notwithstanding any provisions of this chapter to the contrary, the commissioner may disclose information and returns regarding the calculation and payment of the tax imposed by this article and any credit calculated on taxes paid pursuant to this article by an electing city partnership or an electing city resident S corporation to a partner, member or shareholder of such entity that is eligible for or claims to be eligible for a credit under subsection (a) of § 870 (City pass-through entity tax credit)section eight hundred seventy of this article.(f)
The comptroller shall retain in the comptroller’s hands such amount as the commissioner may determine necessary for refunds in respect to the taxes imposed pursuant to the authority of this article, out of which the comptroller shall pay any refunds of such taxes to which taxpayers shall be entitled under any law enacted pursuant to the authority of this article.
Source:
Section 873 — Procedural and administrative provisions, https://www.nysenate.gov/legislation/laws/TAX/873 (updated Sep. 2, 2022; accessed Oct. 26, 2024).
