Legislation

Search OpenLegislation Statutes
This entry was published on 2021-04-23
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 866
Procedural provisions
Tax (TAX) CHAPTER 60, ARTICLE 24-A
§ 866. Procedural provisions. (a) General. All provisions of article
twenty-two of this chapter will apply to the provisions of this article
in the same manner and with the same force and effect as if the language
of article twenty-two of this chapter had been incorporated in full into
this article and had been specifically adjusted for and expressly
referred to the tax imposed by this article, except to the extent that
any provision is either inconsistent with a provision of this article or
is not relevant to this article. Notwithstanding the preceding sentence,
no credit against tax in article twenty-two of this chapter can be used
to offset the tax due pursuant to this article.

(b) Notwithstanding any other law to the contrary, the commissioner
may require that all forms or returns pursuant to this article must be
filed electronically and all payments of tax must be paid
electronically.

(c) Liability for tax. (1) An electing partnership or electing S
corporation shall be liable for the tax due pursuant to this article.

(2) Except as provided in paragraph three of this subsection, any
article twenty-two taxpayer eligible to claim a credit pursuant to
subsection (kkk) of section six hundred six of this chapter because he
or she is a partner or member in an electing partnership or a
shareholder in an electing S corporation, either directly or through a
disregarded entity, shall be severally liable to the extent not paid by
the electing partnership or electing S corporation for his or her direct
share of pass-through entity tax.

(3) Any article twenty-two taxpayer eligible to claim a credit
pursuant to subsection (kkk) of section six hundred six of this chapter
because he or she is a partner or member in an electing partnership or a
shareholder in an electing S corporation, either directly or through a
disregarded entity, that is a general, managing or controlling partner
of the electing partnership or managing or controlling shareholder of
the electing S corporation, or owns greater than fifty percent of the
interests or profits of the electing partnership or electing S
corporation, or is under a duty to act for the electing partnership or S
corporation in complying with the provisions of this article, or was the
individual that made the election on behalf of the electing partnership
or electing S corporation under subsection (b) of section eight hundred
sixty-one of this article shall be jointly and severally liable for the
tax imposed pursuant to this article on such electing partnership or
electing S corporation.

(d) Deposit and disposition of revenue. All taxes, interest,
penalties, and fees collected or received by the commissioner pursuant
to this article shall be deposited and disposed of pursuant to the
provisions of section one hundred seventy-one-a of this chapter.

(e) Secrecy provision. All the provisions of paragraphs one and two of
subsection (e) of section six hundred ninety-seven of this chapter will
apply to the provisions of this article. Notwithstanding any provisions
of this chapter to the contrary, the commissioner may disclose
information and returns regarding the calculation and payment of the tax
imposed by this article and any credit calculated on taxes paid pursuant
to this article by an electing partnership or electing S corporation to
a partner, member or shareholder of such entity that is eligible for or
claims to be eligible for a credit under subsection (a) of section eight
hundred sixty-three of this article.