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 2397.5 - Payment rules

Universal Citation: 20 NY Comp Codes Rules and Regs § 2397.5

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

(a) Amount of payment. On or before the applicable due date of each calendar month a taxpayer participating in the program which has liability described in either subparagraph (i), (ii) or (iii) of paragraph (1) of subdivision (a) of section 2397.2 of this Part shall remit its required payments of tax by EFT or certified check in accordance with the provisions of subdivision (c) of section 10 of the Tax Law.

(b) Payment of remaining liabilities.

(1) A taxpayer participating in the program which has liability described in either subparagraph (i), (ii) or (iii) of paragraph (1) of subdivision (a) of section 2397.2 of this Part, shall file the monthly, part-quarterly or quarterly returns prescribed by section 287, 308, 1102, 1136 or 1251 of the Tax Law, as applicable, and shall pay to the department the amounts required to be paid with such returns, less the amounts remitted by electronic funds transfer or certified check, for each period for which such returns are filed. (See paragraph [2] of subdivision [c] of section 10 of the Tax Law.)

(2) A taxpayer participating in the program shall not remit any amount required to be paid with its part-quarterly, quarterly or monthly return, as applicable, by electronic funds transfer.

(3) Where a taxpayer participating in the program establishes to the satisfaction of the department that it has made an overpayment of tax for a particular period by EFT or certified check, as applicable, the taxpayer shall claim the overpayment as a credit on the return covering the period for which the overpayment was made. A taxpayer may call the taxpayer contact center or utilize the program's website for help in resolving any questions involving credits.

(c) Special payment rule. Where a taxpayer required to participate in the program is liable for payments of taxes described in two or more of subparagraphs (i), (ii), and (iii) of paragraph (1) of subdivision (a) of section 2397.2 of this Part, the taxpayer shall make separate payment by EFT or certified check of the taxes described in each of those subparagraphs.

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