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SECTION 290-A
Tax surcharge
Tax (TAX) CHAPTER 60, ARTICLE 13
§ 290-A. Tax surcharge. 1. In addition to the tax imposed under
section two hundred ninety of this article, there is hereby imposed, for
taxable years ending after June thirtieth, nineteen hundred ninety and
before July first, nineteen hundred ninety-seven, a tax surcharge at the
rate of fifteen percent in the case of taxable years ending after June
thirtieth, nineteen hundred ninety and before July first, nineteen
hundred ninety-four, and until such rate is superseded; at the rate of
ten percent in the case of taxable years ending after June thirtieth,
nineteen hundred ninety-four and before July first, nineteen hundred
ninety-five, and until such rate is superseded; at the rate of five
percent in the case of taxable years ending after June thirtieth,
nineteen hundred ninety-five and before July first, nineteen hundred
ninety-six, and until such rate is superseded; and at the rate of zero
percent in the case of taxable years ending after June thirtieth,
nineteen hundred ninety-six and before July first, nineteen hundred
ninety-seven, of the tax imposed under section two hundred ninety of
this article. However, the tax surcharge imposed by this section at the
rate of fifteen percent shall not be imposed upon any taxpayer for more
than forty-eight months, and the tax surcharge imposed by this section
at the rates of ten percent, five percent and zero percent shall not,
respectively, be imposed upon any taxpayer for more than twelve months,
and the commissioner shall prescribe by regulation or instructions a
method of proration designed to effectuate such result.

1-a. Insofar as subdivision one of this section establishes a rate of
fifteen percent in the case of taxable years ending after June
thirtieth, nineteen hundred ninety and before July first, nineteen
hundred ninety-four and until such rate is superseded, a rate of ten
percent in the case of taxable years ending after June thirtieth,
nineteen hundred ninety-four and before July first, nineteen hundred
ninety-five and until such rate is superseded, a rate of five percent in
the case of taxable years ending after June thirtieth, nineteen hundred
ninety-five and before July first, nineteen hundred ninety-six and until
such rate is superseded, and a rate of zero percent in the case of
taxable years ending after June thirtieth, nineteen hundred ninety-six
and before July first, nineteen hundred ninety-seven, 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
taxable years, 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 taxable years ending after June
thirtieth, nineteen hundred ninety-four and before July first, nineteen
hundred ninety-five, including taxable 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 taxable years ending after
June thirtieth, nineteen hundred ninety-five and before July first,
nineteen hundred ninety-six, including taxable 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 taxable years
ending after June thirtieth, nineteen hundred ninety-six and before July
first, nineteen hundred ninety-seven, including taxable years of fewer
than twelve months, a tax surcharge at the rate of two and one-half
percent. In addition, for purposes of implementation of all the
provisions of this section references to ten percent shall be read as
references to twelve and one-half percent, references to five percent
shall be read as references to seven and one-half percent and references
to zero percent shall be read as references to two and one-half percent.

2. The provisions concerning returns under section two hundred
ninety-four of this article shall be applicable to this section, except
that for purposes of an automatic extension for six months for filing a
return covering the taxes imposed by this article, such automatic
extension 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 the
commissioner may prescribe, and pays on or before the date of such
filing, in addition to any other amounts required under this article,
fifteen percent in the case of taxable years ending after June
thirtieth, nineteen hundred ninety and before July first, nineteen
hundred ninety-four, ten percent in the case of taxable years ending
after June thirtieth, nineteen hundred ninety-four and before July
first, nineteen hundred ninety-five, five percent in the case of taxable
years ending after June thirtieth, nineteen hundred ninety-five and
before July first, nineteen hundred ninety-six, and zero percent in the
case of taxable years ending after June thirtieth, nineteen hundred
ninety-six and before July first, nineteen hundred ninety-seven, of the
amount properly estimated as provided in section two hundred ninety-four
of this article as its tax payable under section two hundred ninety of
this article. The tax surcharge imposed by this section shall be payable
to the commissioner in full at the time the return is required to be
filed.

3. Except as otherwise provided in this section, all of the provisions
of this article 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 surcharge imposed by section two hundred
ninety 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 those provisions requiring such reading in order to effectuate the
purposes of this provision, unless a different meaning is clearly
required.