§ 11-89 Extension of Time for Filing Reports.
RCNY § 11-89
(§ 11-605(1), Administrative Code.) (a) General. The Commissioner of Finance may grant a reasonable extension of time for filing reports whenever good cause exists. An application for an extension of time shall be made prior to the due date of the report.
(b)Automatic extensions.
(1)An automatic six-month extension of time for filing the annual tax report (form NYC-3L or NYC-4S) will be granted only on the condition that form NYC-6 (Application for Automatic Extension) is filed and a properly estimated tax is paid on or before the due date of the report for the taxable period for which the extension is requested. Such application must set forth the amount of tax that the taxpayer estimates it will be required to pay.
(2)Notwithstanding paragraph (1) of this subdivision, a corporation that ceases to be subject to tax under Subchapter 2 of Chapter 6 of Title 11 shall receive an automatic six-month extension of time for filing an annual tax report (form NYC-3L or NYC-4S) only on the condition that form NYC-6F (Application for Automatic Extension to File Final Return) is filed and a properly estimated tax is paid on or before the due date of the return for the taxable period for which the extension is requested.
(3)Notwithstanding paragraphs (1) and (2) of this subdivision, an automatic six-month extension of time for filing a combined report (form NYC-3A) will be granted only on the condition that form NYC-6 (Application for Automatic Extension) is filed and a properly estimated combined tax is paid on or before the due date of the return for the taxable period for which the extension is requested. Such application must be filed by the corporation paying the tax for the combined group. The applicant must submit the following information: (i) its complete corporate name; (ii) its employer identification number; (iii) a list showing the corporate name and employer identification number of each of the other corporations properly included as part of the combined group; and (iv) a list showing the estimated tax for each taxpayer included as part of the combined group. A properly estimated tax includes a tax measure by the fixed dollar minimum for each of the other taxpayers included in the combined group.
(c)Additional extensions. On or before the expiration of the automatic extension of time for filing a report, the Commissioner of Finance may grant up to two additional three-month extensions of time for filing reports when good cause exists. An application for each additional three-month extension shall be made on form NYC-6.1 before the expiration of the previous extension. Additional extensions of time for filing by a combined group must be requested in one application by the corporation paying the tax for the combined group. The application for an additional extension must contain the following information of the applicant: (1) its complete corporate name; (2) its employer identification number; (3) the reason for requesting the additional extension; and (4) in an application made by a combined group, a list showing the corporate name and employer identification number of each of the other corporations properly included as part of the combined group.
(d)Properly estimated taxes. The amount of tax is deemed to be properly estimated if the amount paid is either: (1) not less than 90 percent of the tax as finally determined, or (2) 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 12 months.
(e)Effect of extension.
