New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter IX - Procedural Regulations
Part 2397 - Electronic Funds Transfer Program For Certain Taxpayers Remitting Taxes Under And Pursuant To The Authority Of Articles 12-a, 13-a, 28 And 29 Of The Tax Law
Section 2397.4 - Payment methods

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

(a) Taxpayers electing ACH debit.

(1) Taxpayers who are participating in the program who elect the ACH debit payment option must, on or before 6:00 p.m. (Eastern time) on the last business day before the applicable due date, report their tax payment for the applicable period by telephone or through the program's website to the electronic payment reporting system. (This is the case because there is a one-day lag between the date on which payment is authorized and the date on which the transfer is executed; i.e., funds are deducted from the taxpayer's bank account and transferred to the department's depository bank.) The electronic payment reporting system can be accessed using the toll-free number or through the program's website. Information on both methods will be provided to taxpayers as part of the notification and enrollment process.

(2)
(i) Prior to making its first payment of tax by ACH debit, a taxpayer must have furnished the department with the banking information necessary to generate ACH debits against its designated account. If a taxpayer's banking information changes after the first payment, the taxpayer must immediately inform the department of the changes to ensure timely payments. The method of changing information will be described in the program materials.

(ii) Upon reaching the electronic payment reporting system, the taxpayer will be asked for the unique password and access code provided to such taxpayer as part of the notification and enrollment process. The password, access code, identity of the taxpayer and choice of payment option will be verified, and after approval, the taxpayer will be granted access to the electronic payment reporting system. Upon accessing such system, the taxpayer will be asked to report the following information:
(a) payment amount;

(b) taxable period; and

(c) such other information as the department deems necessary for filing and payment reporting purposes.

If the taxpayer reports the above-enumerated information is reported by telephone, the information will be verified over the telephone. If the information is reported using the program's website, it will be verified by the taxpayer online. Once the taxpayer agrees that all information reported is correct, the taxpayer will be given a confirmation number for the transaction.

(iii) Successful completion of the reporting of the required information to the electronic payment reporting system functions as an authorization for the payment of tax to be transferred to the department's depository bank.

(3) If a taxpayer utilizing the ACH debit payment option is not remitting a payment of tax for an applicable period, the taxpayer must, on or before 6:00 p.m. (Eastern time) on the last business day before the applicable due date, access the electronic payment reporting system to report a zero remittance for such period.

(b) Taxpayers electing ACH credit or fedwire.

(1) Taxpayers who are participating in the program who elect the ACH credit or fedwire payment option must initiate each payment of tax by contacting their own financial institution and requesting such institution to transfer both the appropriate payment of tax and the necessary addenda record information to the department's depository bank via an ACH credit or a fedwire transfer, as applicable. An ACH credit taxpayer must initiate each payment transaction with its financial institution on or before the last business day before the applicable due date at such time as designated by its bank to assure that the department's depository bank receives the payment and accompanying addenda record information on or before the applicable due date. A fedwire taxpayer must initiate each payment transaction on or before the applicable due date at such time as designated by its bank to assure that the department's depository bank receives the payment and accompanying addenda record information on or before the applicable due date.

(2) Taxpayers utilizing the ACH credit or fedwire payment option need not access the electronic payment reporting system to initiate a payment of tax for a taxable period. However, if such a taxpayer is not remitting a payment of tax for an applicable period, the taxpayer must, on or before 6:00 p.m. (Eastern time) on the last business day before the applicable due date, access the electronic payment reporting system to report a zero remittance for such period.

(c) General EFT payment rule. Any payment of tax made by utilizing the ACH debit, ACH credit or fedwire payment option is deemed to be made on the date payment is received by the department's depository bank.

(d) Taxpayers electing to pay by certified check.

(1) Taxpayers who are participating in the program and who do not elect the ACH debit, ACH credit or fedwire method of payment, shall be required to make payments of tax by certified check in accordance with the provisions of paragraph (2) of this subdivision.

(2) In order to comply with the requirements of the program and to timely make a payment of tax, a taxpayer electing the certified check payment option must either mail the certified check for the amount of the payment of tax and a completed transmittal form prescribed by the department on or before the second business day prior to the applicable due date or assure that the department's depository bank receives the certified check and the completed transmittal form on or before the applicable due date.

(3) If a taxpayer electing the certified check payment option is not remitting a payment of tax for an applicable period, the taxpayer must either timely mail the completed transmittal form prescribed by the department entering thereon a zero total payment of tax or assure that the department's depository bank receives such completed transmittal form showing the zero total payment of tax on or before the applicable due date.

(e) Acknowledgement of payment. To provide an acknowledgement of payment, the department will post a record of deposits to the taxpayer's online account which can be accessed through the program's website. Taxpayers may also request that the department mail an advice of deposit or payment. Information will be provided by the program to participating taxpayers at the time of enrollment about how taxpayers may choose to have an advice of deposit or payment mailed to them.

(f) Correcting mistakes in payments of tax. If a taxpayer does not make a correct payment of tax for a particular period, such taxpayer shall, on the nearest business day to the date on which the error is discovered, make proper adjustment for such period. Information will be provided by the program about how to make this adjustment. If the taxpayer's error involves an underpayment of tax, interest shall be charged and penalties may apply.

(g) Changing payment option. Taxpayers may elect to change their payment option at any time. The department will make the methods of electing to change payment option available to taxpayers in the printed program description or on the program's website.

(h) Payment contingency options for use in emergency situations. If a taxpayer is unable to utilize its chosen payment option for a particular period due to circumstances beyond its control, such taxpayer may utilize any of the other payment options, excluding ACH debit, as an alternative payment mechanism for such period. The procedures specified in subdivision (b) or (d) of this section, as applicable, shall govern in such cases.

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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