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This entry was published on 2014-09-22
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Payment and lien of tax
§ 213. Payment and lien of tax. 1. To the extent the tax imposed by
section two hundred nine of this chapter shall not have been previously
paid pursuant to section two hundred thirteen-b of this chapter,

a. such tax, or the balance thereof, shall be payable to the
commissioner in full at the time the report is required to be filed, and

b. such tax, or the balance thereof, imposed on any taxpayer which
ceases to exercise its franchise or to be subject to the tax imposed by
this article shall be payable to the commissioner at the time the report
is required to be filed, provided such tax of a domestic corporation
which continues to possess its franchise shall be subject to adjustment
as the circumstances may require; all other taxes of any such taxpayer,
which pursuant to the foregoing provisions of this section would
otherwise be payable subsequent to the time such report is required to
be filed, shall nevertheless be payable at such time.

2. If any taxpayer, within the time prescribed by section two hundred
eleven of this article, shall have applied for an automatic extension of
time to file its annual report and shall have paid to the commissioner
of taxation and finance on or before the date such application is filed
an amount properly estimated as provided by said section, the only
amount payable in addition to the tax shall be interest at the
underpayment rate set by the commissioner pursuant to section one
thousand ninety-six of this chapter, or, if no rate is set, at the rate
of six per centum per annum upon the amount by which the tax, or the
portion thereof payable on or before the date the report was required to
be filed, exceeds the amount so paid. For purposes of the preceding

a. an amount so paid shall be deemed properly estimated if it is
either (i) not less than ninety per centum of the tax as finally
determined, or (ii) not less than the tax shown on the taxpayer's report
for the preceding taxable year, if such preceding year was a taxable
year of twelve months; and

b. the time when a report is required to be filed shall be determined
without regard to any extension of time for filing such report.

3. The commissioner may grant a reasonable extension of time for
payment of any tax imposed by this article under such conditions as he
or she deems just and proper.