New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter I - Franchise and Certain Business Taxes
Subchapter F - Tax On The Furnishing Of Utility Services
Part 48 - Returns And Payments
Section 48.1 - Returns

Universal Citation: 20 NY Comp Codes Rules and Regs ยง 48.1
Current through Register Vol. 46, No. 12, March 20, 2024

Utilities reporting either gross income or gross operating income are required to file returns.

Question 72:

How often must returns be filed? Answer: On or before the 25th day of September, December, March and June for the three calendar months preceding each such return date. However, any utility whose average gross income or gross operating income, as the case may be, for the four quarterly periods preceding June 25 in any year is less than $1,500 may file an annual return on or before June 25 for the 12 preceding calendar months. Any utility whose gross income or gross operating income, as the case may be, for any 12 months' period ending May 31, is less than $500 must file an annual return on or before June 25 for the 12 preceding calendar months.

Question 73:

In whose name are returns required to be filed? Answer: Returns are required to be filed in the name of the utility subject to tax but may be verified by its duly authorized agent.

Question 74:

Many utilities have meter-reading periods which do not coincide with the calendar month. How do such utilities report? Answer: Such utilities may either (a) prorate receipts from sales made or services rendered to conform to the period covered by the return or (b) include in their returns receipts from sales made or services rendered during their usual meter-reading periods. Regardless of the method adopted, receipts from sales made or services rendered for 365 days of each year must be included in returns.

Question 75:

May a utility, not subject to supervision by the State Department of Public Service, which owns or operates several properties, file a separate return stating the gross operating income derived from one or more of such properties? Answer: Yes, if it secures the written approval of the State Tax Commission. Such approval may be secured upon application by the utility, made upon the form and containing the information prescribed by the State Tax Commission. Any change in the number of properties in which utility services are furnished, after approval to file separate returns has been secured, is required to be promptly reported to the State Tax Commission.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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