§ 11-87 Time for Filing Reports.
RCNY § 11-87
(§ 11-605(1), Administrative Code.) (a) Subject to the provisions of subdivision (c) of this section, the appropriate annual tax or information report must be filed on or before March 15 next succeeding the close of each calendar year of the corporation, or if the report is made on the basis of a fiscal year on or before the 15th day of the third month following the close of each fiscal year.
(b)The report of a change in Federal or New York State taxable income or the results of renegotiation of a contract or subcontract with the United States or New York State resulting in a change in taxable income, or a computation or recomputation of Federal or New York State tax as a result of a recovery of war loss, must be made within 90 days after the final determination of such change or renegotiation or recomputation of tax (see: 19 RCNY § 11-83, supra), or as otherwise required by the Commissioner of Finance. An amended report must be filed within 90 days after any taxpayer files an amended return with the United States Treasury Department or the New York State Department of Taxation and Finance.
(c)Short period reports.
(1)Taxpayers joining a Federal consolidated group.
(i)Short period precedes joining the group. Except as otherwise provided in paragraph 3 or 4 of this subdivision, where a taxpayer, not previously part of a Federal consolidated group (i.e., an affiliated group filing a Federal consolidated return), becomes part of a Federal consolidated group on a day other than the first day of its Federal taxable year, determined without reference to its membership in the group, and the taxpayer is required to file a Federal short period return for the period from the first day of its taxable year through the end of the day on which it becomes such a member pursuant to Treas. Reg. § 1.1502-76(b), the taxpayer must file a report under this section covering the same period. The short period report required by this paragraph shall be due on the due date for the Federal short period return as provided by paragraphs (1) or (2) of subdivision (c) of Treas. Reg. § 1.1502-76(c), whichever is applicable. This provision does not apply in the case of an amended Federal short period return required under Treas. Reg. § 1.1502-76(c)(2). An amended return for any such short period must be filed within 90 days after the taxpayer files an amended return with the United States Treasury Department. See subdivision (b) of this section.
(ii)Short period follows joining group. Except as otherwise provided in paragraph 3 or 4 of this subdivision, where a taxpayer joins a Federal consolidated group, including a situation where a taxpayer leaves one group to join another, the taxpayer must file a short period report under this section covering the period from the day it becomes a member of the group through the end of its new taxable year for purposes of Subchapter 2 of Chapter 6 of Title 11 of the Administrative Code of the City of New York, which shall be the same as the end of the taxable year of the new consolidated group. Such report shall be filed on or before the 15th day of the third month following the end of its new taxable year.
(2)Taxpayers leaving a Federal consolidated group.
(3)Short period returns relating to IRC § 338 elections.
(iii)19 RCNY § 11-88(a) shall not apply to a taxpayer for which an election is made pursuant to section 338 of the Internal Revenue Code, regardless of whether such election is deemed invalid pursuant to 19 RCNY § 11-27(j), notwithstanding any deemed cessation of existence of such taxpayer pursuant to Treas. Reg. § 1.338(h)(10)-1(d)(4).
(4)If a corporation required to file a short period report as provided in this subdivision becomes subject to tax under Subchapter 2 of Chapter 6 of Title 11 of the Administrative Code on a date other than the first day of such short period, the short period report shall begin on the date the corporation becomes subject to tax under such Subchapter. Except as provided in paragraph (3) of this subdivision, if a corporation required to file a short period report as provided in this subdivision ceases to be subject to tax under Subchapter 2 of Chapter 6 of Title 11 of the Administrative Code on the last day of such short period, the provisions of 19 RCNY § 11-88 shall apply in determining the due date for such short period report.
