New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter I - Franchise and Certain Business Taxes
Subchapter A - Business Corporation Franchise Tax
Part 6 - REPORTS
Subpart 6-4 - TIME AND PLACE FOR FILING REPORTS
Section 6-4.3 - Extension of time for filing reports

Universal Citation: 20 NY Comp Codes Rules and Regs ยง 6-4.3

Current through Register Vol. 46, No. 12, March 20, 2024

(Tax Law, section 211(1))

(a) An automatic six-month extension of time for filing an annual report will be granted if an 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. Failure to meet any of the requirements in this section makes the application invalid and any report filed after the due date will be treated as a late filed report.

(b) An automatic six-month extension of time for filing a combined report will be granted to a group of corporations filing a combined report provided an application for automatic extension is filed and properly estimated tax is paid on or before the due date of the report for the taxable period for which the extension is requested. Failure to meet any of the requirements in this section makes the application invalid and any report filed after the due date will be treated as a late filed report. To obtain an automatic extension, an application must be filed by the designated agent for the combined group. However, each taxpayer member corporation of a new combined group also must file a separate application to extend the time to file for the first period for which the new combined group actually files a combined report. In addition, each taxpayer member corporation being newly added to an existing combined group must also file a separate application to extend the time to file the report for the first period for which they are actually included in the combined group's report. Corporations included in the combined report that are not subject to tax are not required to file a separate application to extend the time to file. Each applicant must submit the following information:

(1) The name of each corporation included in the combined group.

(2) The employer identification number of each corporation in the combined group.

(3) For any appropriate corporation, the beginning and ending dates of any taxable year of less than 12 months.

(4) The estimated fixed dollar minimum tax for each member of the combined group that is taxable in New York State.

(5) From the report filed for the taxable year immediately preceding the taxable year for which the extension is being requested, the sum of any overpayment requested to be credited to the next period, plus any tax credits to be applied to the next period.

(6) If a corporation made any separate estimated tax installment payments for the taxable year for which the extension is being requested, the total amount for that corporation.

(7) If a payment was made on an extension filed for the taxable year for which the extension is being requested, the corporation that filed the form and the amount of payments it made, if any.

(8) Any prepayments made by the designated agent, as applicable. The designated agent for the combined group must pay with its application the properly estimated combined tax, including the tax measured by the fixed dollar minimum for each of the other taxpayers included in the combined group.

(c) On or before the expiration of the automatic six-month extension of time for filing a report, the commissioner may grant additional three-month extensions of time for filing reports when good cause exists. No more than two additional three-month extensions of time for filing a report for any taxable year may be granted. An application for each additional three-month extension must be made in writing before the expiration of the previous extension. Additional extensions of time for filing a New York S Corporation franchise tax return will not be granted. Additional extensions of time for filing by a combined group must be requested in one application by the designated agent for the combined group. The applicant must submit the following information:

(1) its complete corporate name;

(2) its employer identification number;

(3) the reason for requesting the additional extension; and

(4) in the case of an application by a combined group, a list showing the corporate name, employer identification number, and taxable period of each of the other corporations properly included as part of the combined group.

(d) Any extension of time for filing a report granted under this Subpart will not extend the time for the payment of any tax due.

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