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SECTION 188
Tax surcharge
Tax (TAX) CHAPTER 60, ARTICLE 9
§ 188. Tax surcharge. 1. In addition to the taxes imposed under
sections one hundred eighty-three, one hundred eighty-four, one hundred
eighty-six and one hundred eighty-six-a of this article, there is hereby
imposed, for years ending on December thirty-first, nineteen hundred
ninety, nineteen hundred ninety-one, nineteen hundred ninety-two,
nineteen hundred ninety-three, nineteen hundred ninety-four, nineteen
hundred ninety-five and nineteen hundred ninety-six, and, in addition to
the tax imposed under section one hundred eighty-six-e of this article,
there is hereby imposed, for years ending on December thirty-first,
nineteen hundred ninety-five and nineteen hundred ninety-six, a tax
surcharge at the rate of fifteen percent in the case of years ending on
December thirty-first, nineteen hundred ninety, nineteen hundred
ninety-one, nineteen hundred ninety-two and nineteen hundred
ninety-three, and until such rate is superseded; at the rate of ten
percent in the case of years ending on December thirty-first, nineteen
hundred ninety-four, and until such rate is superseded; at the rate of
five percent in the case of years ending on December thirty-first,
nineteen hundred ninety-five, and until such rate is superseded; and at
the rate of zero percent in the case of years ending on December
thirty-first, nineteen hundred ninety-six, of the tax imposed under
sections one hundred eighty-three, one hundred eighty-four, one hundred
eighty-six, one hundred eighty-six-a and one hundred eighty-six-e of
this article, after deduction of any credits against tax otherwise
allowable under this article. However, the tax surcharge imposed by this
section shall not be imposed upon any taxpayer for more than eighty-four
months (or twenty-four months, in the case of the tax imposed under
section one hundred eighty-six-e). The credits against tax otherwise
allowable under this article shall not be allowed against the tax
surcharge imposed by this section. Provided that, with respect to the
year ending on December thirty-first, nineteen hundred ninety-one, the
foregoing tax surcharge imposed under this section with respect to such
section one hundred eighty-six-a of this article shall be computed based
upon the tax liability under such section for such period undiminished
by the application of any utility credit under article thirteen-A of
this chapter. Provided, further, that in addition to the aforesaid tax
surcharge imposed with respect to such section one hundred eighty-six-a
of this article for the year ending on December thirty-one, nineteen
hundred ninety-one, for such year there is also hereby imposed an amount
in addition to such surcharge; such additional amount shall be equal to
fifteen percent of the total amount of the utility credit under article
thirteen-A of this chapter which was applied against tax liability under
such section one hundred eighty-six-a of this article for the tax year
ending December thirty-first, nineteen hundred ninety.

1-a. Insofar as subdivision one of this section establishes a rate of
fifteen percent in the case of years ending on December thirty-first,
nineteen hundred ninety-three and until such rate is superseded, a rate
of ten percent in the case of years ending on December thirty-first,
nineteen hundred ninety-four and until such rate is superseded, a rate
of five percent in the case of years ending on December thirty-first,
nineteen hundred ninety-five and until such rate is superseded, and a
rate of zero percent in the case of years ending on December
thirty-first, nineteen hundred ninety-six, the transition from such rate
of fifteen percent to such rate of ten percent, from such rate of ten
percent to such rate of five percent, and from such rate of five percent
to such rate of zero percent, shall be deemed to occur, respectively, on
the first day of the seventh month of each of such years ending on
December thirty-first, nineteen hundred ninety-four, nineteen hundred
ninety-five and nineteen hundred ninety-six, with the result that for
purposes of implementation of such changes in rates, and notwithstanding
such subdivision one, there is hereby imposed with respect to all years
ending on December thirty-first, nineteen hundred ninety-four, including
years of fewer than twelve months, a tax surcharge at the rate of twelve
and one-half percent; there is hereby imposed with respect to all years
ending on December thirty-first, nineteen hundred ninety-five, including
years of fewer than twelve months, a tax surcharge at the rate of seven
and one-half percent; and there is hereby imposed with respect to all
years ending on December thirty-first, nineteen hundred ninety-six,
including years of fewer than twelve months, a tax surcharge at the rate
of two and one-half percent.

2. The provisions concerning reports under sections one hundred
eighty-six-a, one hundred eighty-six-e and one hundred ninety-two of
this article shall be applicable to this section, except that the report
covering the tax surcharge computed on the tax imposed under section one
hundred eighty-three of this article shall be filed on or before the
date one year after the date on which the report of such tax is required
to be filed. An extension pursuant to section one hundred ninety-three
shall be allowed, for taxable years to which the tax surcharge imposed
by this section applies, only if a taxpayer files with the commissioner
an application for extension in such form as said commissioner may
prescribe, and pays on or before the date of such filing in addition to
any other amounts required under this article, either ninety percent of
the tax surcharge required to be paid under this section for the
applicable period or not less than the tax surcharge shown on the
taxpayer's report for the preceding period, if such preceding period
consisted of twelve months, or in the case of the tax surcharge for the
year ending December thirty-first, nineteen hundred ninety, fifteen
percent of the tax after the deduction of credits, shown on the
taxpayer's report for the year ending December thirty-first, nineteen
hundred eighty-nine if such year consisted of twelve months. The tax
surcharge imposed by this section shall be payable to the commissioner
in full at the time the report is required to be filed.

3. Except as otherwise provided in this section, all of the provisions
of this article, except for sections one hundred eighty-three-a, one
hundred eighty-four-a, one hundred eighty-six-b, one hundred
eighty-six-c and two hundred five, shall apply to the tax surcharge
imposed by this section with such modifications as may be necessary to
adapt such language to the tax surcharge imposed by this section. Such
provisions shall apply with the same force and effect as if those
provisions had been set forth in full in this section except to the
extent that any provision is either inconsistent with a provision of
this section or not relevant to the tax surcharge imposed by this
section, and to that end a reference in this article to the tax imposed
by section one hundred eighty-three, one hundred eighty-four, one
hundred eighty-six, one hundred eighty-six-a or one hundred eighty-six-e
of this article shall be read as a reference to the tax surcharge
imposed by this section, and to the sum of such tax and such tax
surcharge in the case of sections one hundred ninety-seven-a and one
hundred ninety-seven-b of this article and such other provisions
requiring such reading in order to effectuate the purposes of this
provision, unless a different meaning is clearly required.

4. The amount of tax surcharge imposed pursuant to this section shall
not be included in any calculation of a tax surcharge imposed pursuant
to section one hundred eighty-three-a, one hundred eighty-four-a, one
hundred eighty-six-b or one hundred eighty-six-c of this article.