N.Y. Tax Law § 209-b

§ 209-B. * Temporary metropolitan transportation business tax\nsurcharge.\n * NB Effective until January 1, 2015\n * Metropolitan transportation business tax surcharge.\n * NB Effective January 1, 2015\n * 1. For the privilege of exercising its corporate franchise, or of\ndoing business, or of employing capital, or of owning or leasing\nproperty in a corporate or organized capacity, or of maintaining an\noffice in the metropolitan commuter transportation district, for all or\nany part of its taxable year, there is hereby imposed on every\ncorporation, other than a New York S corporation, subject to tax under\nsection two hundred nine of this article, or any receiver, referee,\ntrustee, assignee or other fiduciary, or any officer or agent appointed\nby any court, who conducts the business of any such corporation, for the\ntaxable years commencing on or after January first, nineteen hundred\neighty-two but ending before December thirty-first, two thousand\neighteen, a tax surcharge, in addition to the tax imposed under section\ntwo hundred nine of this article, to be computed at the rate of eighteen\npercent of the tax imposed under such section two hundred nine for such\ntaxable years or any part of such taxable years ending before December\nthirty-first, nineteen hundred eighty-three after the deduction of any\ncredits otherwise allowable under this article, and at the rate of\nseventeen percent of the tax imposed under such section for such taxable\nyears or any part of such taxable years ending on or after December\nthirty-first, nineteen hundred eighty-three after the deduction of any\ncredits otherwise allowable under this article; provided, however, that\nsuch rates of tax surcharge shall be applied only to that portion of the\ntax imposed under section two hundred nine of this article after the\ndeduction of any credits otherwise allowable under this article which is\nattributable to the taxpayer's business activity carried on within the\nmetropolitan commuter transportation district; and provided, further,\nthat the tax surcharge imposed by this section shall not be imposed upon\nany taxpayer for more than four hundred thirty-two months. Provided\nhowever, that for taxable years commencing on or after July first,\nnineteen hundred ninety-eight, such surcharge shall be calculated as if\nthe tax imposed under section two hundred ten of this article were\nimposed under the law in effect for taxable years commencing on or after\nJuly first, nineteen hundred ninety-seven and before July first,\nnineteen hundred ninety-eight. Provided however, that for taxable years\ncommencing on or after January first, two thousand seven, such surcharge\nshall be calculated using the highest of the tax bases imposed pursuant\nto paragraphs (a), (b), (c) or (d) of subdivision one of section two\nhundred ten of this article and the amount imposed under paragraph (e)\nof subdivision one of such section two hundred ten, for the taxable\nyear; and, provided further that, if such highest amount is the tax base\nimposed under paragraph (a), (b) or (c) of such subdivision, then the\nsurcharge shall be computed as if the tax rates and limitations under\nsuch paragraph were the tax rates and limitations under such paragraph\nin effect for taxable years commencing on or after July first, nineteen\nhundred ninety-seven and before July first, nineteen hundred\nninety-eight.\n * NB Effective until January 1, 2015\n * 1. (a) For the privilege of exercising its corporate franchise, or\nof doing business, or of employing capital, or of owning or leasing\nproperty in a corporate or organized capacity, or of maintaining an\noffice, or of deriving receipts from activity in the metropolitan\ncommuter transportation district, for all or any part of its taxable\nyear, there is hereby imposed on every corporation, other than a New\nYork S corporation, subject to tax under section two hundred nine of\nthis article, or any receiver, referee, trustee, assignee or other\nfiduciary, or any officer or agent appointed by any court, who conducts\nthe business of any such corporation, a tax surcharge, in addition to\nthe tax imposed under section two hundred nine of this article, to be\ncomputed at the rate of seventeen percent of the tax imposed under such\nsection for such taxable years or any part of such taxable years ending\non or after December thirty-first, nineteen hundred eighty-three and\nbefore January first, two thousand fifteen after the deduction of any\ncredits otherwise allowable under this article, at the rate of\ntwenty-five and six-tenths percent of the tax imposed under such section\nfor taxable years beginning on or after January first, two thousand\nfifteen and before January first, two thousand sixteen before the\ndeduction of any credits otherwise allowable under this article, and at\nthe rate determined by the commissioner pursuant to paragraph (f) of\nthis subdivision of the tax imposed under such section, for taxable\nyears beginning on or after January first, two thousand sixteen before\nthe deduction of any credits otherwise allowable under this article.\nHowever, such rate of tax surcharge shall be applied only to that\nportion of the tax imposed under section two hundred nine of this\narticle before the deduction of any credits otherwise allowable under\nthis article which is attributable to the taxpayer's business activity\ncarried on within the metropolitan commuter transportation district; and\nprovided, further, the surcharge computed on a combined report shall\ninclude a surcharge on the fixed dollar minimum tax for each member of\nthe combined group subject to the surcharge under this subdivision.\n (b) A corporation is deriving receipts from activity in the\nmetropolitan commuter transportation district if it has receipts within\nthe metropolitan commuter transportation district of one million dollars\nor more in a taxable year. For purposes of this section, the term\n"receipts" means the receipts that are subject to the apportionment\nrules set forth in section two hundred ten-A of this article, and the\nterm "receipts within the metropolitan commuter transportation district"\nmeans the receipts included in the numerator of the apportionment factor\ndetermined under subdivision two of this section. For purposes of this\nparagraph, receipts from processing credit card transactions for\nmerchants include merchant discount fees received by the corporation.\n (c) A corporation is doing business in the metropolitan commuter\ntransportation district if (i) it has issued credit cards to one\nthousand or more customers who have a mailing address within the\nmetropolitan commuter transportation district as of the last day of its\ntaxable year, (ii) it has merchant customer contracts with merchants and\nthe total number of locations covered by those contracts equals one\nthousand or more locations in the metropolitan commuter transportation\ndistrict to whom the corporation remitted payments for credit card\ntransactions during the taxable year, or (iii) the sum of the number of\ncustomers described in subparagraph (i) of this paragraph plus the\nnumber of locations covered by its contracts described in subparagraph\n(ii) of this paragraph equals one thousand or more. As used in this\nparagraph, the term "credit card" includes bank, credit, travel and\nentertainment cards.\n (d)(i) A corporation with less than one million dollars but at least\nten thousand dollars of receipts within the metropolitan commuter\ntransportation district in a taxable year that is part of a combined\nreporting group under section two hundred ten-C of this article is\nderiving receipts from activity in the metropolitan commuter\ntransportation district if the receipts within the metropolitan commuter\ntransportation district of the members of the combined reporting group\nthat have at least ten thousand dollars of receipts within the\nmetropolitan commuter transportation district in the aggregate meet the\nthreshold set forth in paragraph (b) of this subdivision.\n (ii) A corporation that does not meet any of the thresholds set forth\nin paragraph (c) of this subdivision but has at least ten customers, or\nlocations, or customers and locations, as described in paragraph (c),\nand is part of a combined reporting group under section two hundred\nten-C of this article that is doing business in the metropolitan\ncommuter transportation district if the number of customers, locations,\nor customers and locations, within the metropolitan commuter\ntransportation district of the members of the combined reporting group\nthat have at least ten customers, locations, or customers and locations,\nwithin the metropolitan commuter transportation district in the\naggregate meets any of the thresholds set forth in paragraph (c) of this\nsubdivision.\n (e) At the end of each year, the commissioner shall review the\ncumulative percentage change in the consumer price index. The\ncommissioner shall adjust the receipt thresholds set forth in this\nsubdivision if the consumer price index has changed by ten percent or\nmore since the January first, two thousand fifteen or since the date\nthat the thresholds were last adjusted under this subdivision. The\nthresholds shall be adjusted to reflect that cumulative percentage\nchange in the consumer price index. The adjusted thresholds shall be\nrounded to the nearest one thousand dollars. As used in this paragraph,\n"consumer price index" means the consumer price index for all urban\nconsumers (CPI-U) available from the bureau of labor statistics of the\nUnited States department of labor. Any adjustment shall apply to tax\nperiods that begin after the adjustment is made.\n (f) The commissioner shall determine the rate of tax for taxable years\nbeginning on or after January first, two thousand sixteen by adjusting\nthe rate for taxable years beginning on or after January first, two\nthousand fifteen and before January first, two thousand sixteen as\nnecessary to ensure that the receipts attributable to such surcharge, as\nimpacted by the chapter of the laws of two thousand fourteen which added\nthis paragraph, will meet and not exceed the financial projections for\nstate fiscal year two thousand sixteen-two thousand seventeen, as\nreflected in state fiscal year two thousand fifteen-two thousand sixteen\nenacted budget. The commissioner shall annually determine the rate\nthereafter using the financial projections for the state fiscal year\nthat commences in the year for which the rate is to be set as reflected\nin the enacted budget for the fiscal year commencing on the previous\nApril first.\n * NB Effective January 1, 2015\n * 2. The portion of the taxpayer's business activity carried on within\nthe metropolitan commuter transportation district shall be determined by\nmultiplying the tax imposed under section two hundred nine of this\narticle by a percentage to be determined as follows:\n (a) ascertaining the percentage which the average value of the\ntaxpayer's real and tangible personal property, whether owned or rented\nto it, within the metropolitan commuter transportation district during\nthe period covered by its report bears to the average value of all the\ntaxpayer's real and tangible personal property, whether owned or rented\nto it, within the state during such period; provided that the term\n"value of the taxpayer's real and tangible personal property" shall have\nthe same meaning as is ascribed to that term by subparagraph one of\nparagraph (a) of subdivision three of section two hundred ten;\n (b) ascertaining the percentage which the receipts of the taxpayer,\ncomputed on the cash or accrual basis according to the method of\naccounting used in the computation of its entire net income, arising\nduring such period from:\n (1) sales of its tangible personal property where shipments are made\nto points within the metropolitan commuter transportation district,\n (2) services performed within the metropolitan commuter transportation\ndistrict, provided, however, that (i) in the case of a taxpayer engaged\nin the business of publishing newspapers or periodicals, receipts\narising from sales of advertising contained in such newspapers and\nperiodicals shall be deemed to arise from services performed within the\nmetropolitan commuter transportation district to the extent that such\nnewspapers and periodicals are delivered to points within the\nmetropolitan commuter transportation district, (ii) receipts from an\ninvestment company from the sale of management, administration or\ndistribution services to such investment company shall be deemed to\narise from services performed within the metropolitan commuter\ntransportation district to the extent set forth in subparagraph six of\nparagraph (a) of subdivision three of section two hundred ten of this\nchapter (except that references in such subparagraph six to the state\nshall be deemed, for purposes of application to this clause, to be\nreferences to the metropolitan commuter transportation district), (iii)\nin the case of taxpayers principally engaged in the activity of air\nfreight forwarding acting as principal and like indirect air carriage\nreceipts arising from such activity shall arise from services performed\nwithin the metropolitan commuter transportation district as follows: one\nhundred percent of such receipts if both the pickup and delivery\nassociated with such receipts are made in the metropolitan commuter\ntransportation district and fifty percent of such receipts if either the\npickup or delivery associated with such receipts is made in the\nmetropolitan commuter transportation district, and (iv) in the case of a\ntaxpayer which is a registered securities or commodities broker or\ndealer, the receipts specified in subparagraph nine of paragraph (a) of\nsubdivision three of section two hundred ten of this article shall be\ndeemed to arise from services performed within the metropolitan commuter\ntransportation district to the extent set forth in such subparagraph\nnine (except that references in such subparagraph nine to the state\nshall be deemed, for purposes of the application of this clause, to be\nreferences to the metropolitan commuter transportation district),\n (3) rentals from property situated and royalties from the use of\npatents or copyrights within the metropolitan commuter transportation\ndistrict, and receipts from the sales of rights for closed-circuit and\ncable television transmissions of an event (other than events occurring\non a regularly scheduled basis) taking place within the metropolitan\ncommuter transportation district as a result of the rendition of\nservices by employees of the corporation, as athletes, entertainers or\nperforming artists, but only to the extent that such receipts are\nattributable to such transmissions received or exhibited within the\nmetropolitan communter transportation district, and\n (4) all other business receipts earned within the metropolitan\ncommuter transportation district, bear to the total amount of the\ntaxpayer's receipts, similarly computed, arising during such period from\nall sales of its tangible personal property, services, rentals,\nroyalties, receipts from the sales of rights for closed-circuit and\ncable television transmissions and all other business transactions,\nwithin the state;\n (c) ascertaining the percentage of the total wages, salaries and other\npersonal service compensation, similarly computed, during such period,\nof employees within the metropolitan commuter transportation district,\nexcept general executive officers, to the total wages, salaries and\nother personal service compensation, similarly computed, during such\nperiod, of all the taxpayer's employees within the state, except general\nexecutive officers; and\n (d) adding together the percentages so determined and dividing the\nresult by the number of percentages.\n * NB Effective until January 1, 2015\n * 2. The portion of the taxpayer's business activity carried on within\nthe metropolitan commuter transportation district shall be determined by\nmultiplying the tax imposed under section two hundred nine of this\narticle before the deduction of any credits otherwise allowable under\nthis article by a percentage to be determined as follows:\n (a) ascertaining the percentage which the average value of the\ntaxpayer's real and tangible personal property, whether owned or rented\nto it, within the metropolitan commuter transportation district during\nthe period covered by its report bears to the average value of all the\ntaxpayer's real and tangible personal property, whether owned or rented\nto it, within the state during such period; provided that the term\n"value of the taxpayer's real and tangible personal property" shall mean\nthe adjusted bases of such properties for federal income tax purposes\n(except that in the case of rented property such value shall mean the\nproduct of (i) eight and (ii) the gross rents payable for the rental of\nsuch property during the taxable year); provided, however, that the\ntaxpayer may make a one-time, revocable election to use fair market\nvalue as the value of all of its real and tangible personal property,\nprovided that such election is made on or before the due date for filing\na report under section two hundred eleven for the taxpayer's first\ntaxable year commencing on or after January first, two thousand fifteen\nand provided that such election shall not apply to any taxable year with\nrespect to which the taxpayer is included on a combined report unless\neach of the taxpayers included on such report has made such an election\nwhich remains in effect for such year;\n (b) ascertaining the percentage of the taxpayer's receipts within the\nmetropolitan commuter transportation district pursuant to the method\nprescribed in section two hundred ten-A of this article, except that\n (i) the numerator of the apportionment fraction under such section two\nhundred ten-A shall be the denominator of the apportionment fraction\nunder this paragraph,\n (ii) the numerator of the apportionment fraction under this paragraph\nshall be determined by applying the rules in such section two hundred\nten-A relating to the numerator of the apportionment fraction as if\nthose rules referenced the metropolitan commuter transportation district\nrather than this state,\n (iii) to the extent that a provision in such section two hundred ten-A\nprovides that eight percent of the receipts specified in that provision\nshould be included in the numerator of the apportionment fraction,\nninety percent of such eight percent amount shall be considered within\nthe metropolitan commuter transportation district and one hundred\npercent of such eight percent amount shall be considered to be within\nthe state, and\n (iv) to the extent that a provision in such section two hundred ten-A\nof this article provides that the receipts specified in that provision\nshall not be included in the numerator of the apportionment fraction\nunder such section two hundred ten-A, such receipts shall not be\nincluded in determining the portion of the taxpayer's business activity\ncarried on within the metropolitan commuter transportation district;\n (c) ascertaining the percentage of the total wages, salaries and other\npersonal service compensation, similarly computed, during such period,\nof employees within the metropolitan commuter transportation district,\nexcept general executive officers, to the total wages, salaries and\nother personal service compensation, similarly computed, during such\nperiod, of all the taxpayer's employees within the state, except general\nexecutive officers; and\n (d) adding together the percentages so determined and dividing the\nresult by the number of percentages.\n * NB Effective January 1, 2015\n * 2-a. (a) A taxpayer principally engaged in the conduct of aviation\n(other than air freight forwarders acting as principal and like indirect\nair carriers and other than as provided in paragraph (c) of this\nsubdivision) shall, notwithstanding the provisions of subdivision two of\nthis section, determine the portion of its business activity carried on\nwithin the metropolitan commuter transportation district by multiplying\nthe tax imposed under section two hundred nine of this article by the\narithmetic average of the following three percentages:\n (i) the percentage determined by dividing aircraft arrivals and\ndepartures within the metropolitan commuter transportation district by\nthe taxpayer during the period covered by its report by the total\naircraft arrivals and departures within the entire state during such\nperiod; provided, however, arrivals and departures solely for\nmaintenance or repair, refueling (where no debarkation or embarkation of\ntraffic occurs), arrivals and departures of ferry and personnel training\nflights or arrivals and departures in the event of emergency situations\nshall not be included in computing such arrival and departure\npercentage; provided, further, the commissioner may also exempt from\nsuch percentage aircraft arrivals and departures of all non-revenue\nflights including flights involving the transportation of officers or\nemployees receiving air transportation to perform maintenance or repair\nservices or where such officers or employees are transported in\nconjunction with an emergency situation or the investigation of an air\ndisaster (other than on a scheduled flight); provided, however, that\narrivals and departures of flights transporting officers and employees\nreceiving air transportation for purposes other than specified above\n(without regard to remuneration) shall be included in computing such\narrival and departure percentage;\n (ii) the percentage determined by dividing the revenue tons handled by\nthe taxpayer at airports within the metropolitan commuter transportation\ndistrict during such period by the total revenue tons handled by it at\nairports within the entire state during such period; and\n (iii) the percentage determined by dividing the taxpayer's originating\nrevenue within the metropolitan commuter transportation district for\nsuch period by its total originating revenue within the entire state for\nsuch period.\n As used herein the term "aircraft arrivals and departures" means the\nnumber of landings and takeoffs of the aircraft of the taxpayer and the\nnumber of air pickups and deliveries by the aircraft of such taxpayer;\nthe term "originating revenue" means revenue to the taxpayer from the\ntransportation of revenue passengers and revenue property first received\nby the taxpayer either as originating or connecting traffic at airports;\nand the term "revenue tons handled" by the taxpayer at airports means\nthe weight in tons of revenue passengers (at two hundred pounds per\npassenger) and revenue cargo first received either as originating or\nconnecting traffic or finally discharged by the taxpayer at airports;\n (b) Taxpayers principally engaged as air freight forwarders acting as\nprincipal and like indirect air carriers shall determine the portion of\nthe taxpayer's business activity carried on within the metropolitan\ncommuter transportation district in accordance with paragraphs (a)\nthrough (d) of subdivision two of this section, including the special\nprovision relating to the allocation of receipts from the activity of\nair freight forwarding acting as principal contained in subparagraph two\nof paragraph (b) of such subdivision two. Provided, however, that a\nqualified air freight forwarder included on a combined report pursuant\nto the provisions of subparagraph three of paragraph (b) of subdivision\nfour of section two hundred eleven of this article shall determine the\nportion of its business activity carried on within the metropolitan\ncommuter transportation district in accordance with paragraph (a) of\nthis subdivision.\n (c)(i) For taxable years beginning after nineteen hundred\neighty-eight, a foreign air carrier which is described in the first\nsentence of paragraph (c-1) of subdivision nine of section two hundred\neight of this article, and which is subject to tax under section two\nhundred nine of this article based on the amount prescribed in paragraph\n(a), (c) or (d) of subdivision one of section two hundred ten of this\narticle, shall determine the portion of its business activity carried on\nwithin the metropolitan commuter transportation district pursuant to the\nprovisions of paragraphs (a) through (d) of subdivision two of this\nsection, except that the numerators and denominators involved in such\ncomputation shall exclude property to the extent employed in generating\nincome excluded from entire net income pursuant to the provisions of\nparagraph (c-1) of subdivision nine of section two hundred eight of this\narticle, exclude such receipts as are excluded from entire net income\nfor the taxable year pursuant to the provisions of paragraph (c-1) of\nsubdivision nine of section two hundred eight of this article, and\nexclude wages, salaries or other personal service compensation which are\ndirectly attributable to the generation of income excluded from entire\nnet income for the taxable year pursuant to the provisions of paragraph\n(c-1) of subdivision nine of section two hundred eight of this article.\n (ii) For taxable years beginning after nineteen hundred ninety-three,\na foreign air carrier which is described in the first sentence of\nsubparagraph one of paragraph (c-1) of subdivision nine of section two\nhundred eight of this article, which is subject to tax under section two\nhundred nine of this article based on the amount prescribed in paragraph\n(b) of subdivision one of section two hundred ten of this article and\nwhich is subject to the provisions of paragraph (b) of subdivision seven\nof section two hundred eight of this article, shall determine the\nportion of its business activity carried on with the metropolitan\ncommuter transportation district pursuant to subparagraph (i) of this\nparagraph.\n * NB Repealed January 1, 2015\n * 2-b. A taxpayer principally engaged in the conduct of a railroad\nbusiness (including surface railroad, whether or not operated by steam,\nsubway railroad, elevated railroad, palace car or sleeping car\nbusiness), or a trucking business, shall, notwithstanding the provisions\nof subdivision two of this section, determine the portion of its\nbusiness activity carried on within the metropolitan commuter\ntransportation district by multiplying the tax imposed under section two\nhundred nine of this article by a fraction, the numerator of which is\nthe taxpayer's mileage within the metropolitan commuter transportation\ndistrict during the period covered by its report and the denominator of\nwhich is the taxpayer's mileage within this state during such period.\n * NB Repealed January 1, 2015\n * 3. A corporation shall not be deemed to be doing business, employing\ncapital, owning or leasing property, or maintaining an office in the\nmetropolitan commuter transportation district, for the purposes of this\nsection, by reason of (a) the maintenance of cash balances with banks or\ntrust companies in the metropolitan commuter transportation district, or\n(b) the ownership of shares of stock or securities kept in the\nmetropolitan commuter transportation district, if kept in a safe deposit\nbox, safe, vault or other receptacle rented for the purpose, or if\npledged as collateral security, or if deposited with one or more banks\nor trust companies, or brokers who are members of a recognized security\nexchange, in safekeeping or custody accounts, or (c) the taking of any\naction by any such bank or trust company or broker, which is incidental\nto the rendering of safekeeping or custodian service to such\ncorporation, or (d) the maintenance of an office in the metropolitan\ncommuter transportation district by one or more officers or directors of\nthe corporation who are not employees of the corporation if the\ncorporation otherwise is not doing business in the metropolitan commuter\ntransportation district, and does not employ capital or own or lease\nproperty in the metropolitan commuter transportation district, or (e)\nthe keeping of books or records of a corporation in the metropolitan\ncommuter transportation district if such books or records are not kept\nby employees of such corporation and such corporation does not otherwise\ndo business, employ capital, own or lease property or maintain an office\nin the metropolitan commuter transportation district, or (f) any\ncombination of the foregoing activities.\n * NB Effective until January 1, 2015\n * 3. A corporation shall not be deemed to be doing business, employing\ncapital, owning or leasing property, or maintaining an office, or\nderiving receipts from activity in the metropolitan commuter\ntransportation district, for the purposes of this section, by reason of\n(a) the maintenance of cash balances with banks or trust companies in\nthe metropolitan commuter transportation district, or (b) the ownership\nof shares of stock or securities kept in the metropolitan commuter\ntransportation district, if kept in a safe deposit box, safe, vault or\nother receptacle rented for the purpose, or if pledged as collateral\nsecurity, or if deposited with one or more banks or trust companies, or\nbrokers who are members of a recognized security exchange, in\nsafekeeping or custody accounts, or (c) the taking of any action by any\nsuch bank or trust company or broker, which is incidental to the\nrendering of safekeeping or custodian service to such corporation, or\n(d) the maintenance of an office in the metropolitan commuter\ntransportation district by one or more officers or directors of the\ncorporation who are not employees of the corporation if the corporation\notherwise is not doing business in the metropolitan commuter\ntransportation district, and does not employ capital or own or lease\nproperty in the metropolitan commuter transportation district, or (e)\nthe keeping of books or records of a corporation in the metropolitan\ncommuter transportation district if such books or records are not kept\nby employees of such corporation and such corporation does not otherwise\ndo business, employ capital, own or lease property or maintain an office\nin the metropolitan commuter transportation district, or (f) any\ncombination of the foregoing activities.\n * NB Effective January 1, 2015\n 4. Notwithstanding any contrary provisions of state or local law, the\ntax surcharge imposed under this section shall not be allowed as a\ndeduction in the computation of any tax imposed under this chapter.\nFurthermore, the credits otherwise allowable under this article shall\nnot be allowed against the tax surcharge imposed by this section.\n * 5. The provisions concerning reports under section two hundred\neleven shall be applicable to this section, except that for purposes of\nan automatic extension for six months for filing a report covering the\ntax surcharge imposed by this section, such automatic extension shall be\nallowed only if a taxpayer files with the commissioner an application\nfor extension in such form as said commissioner may prescribe by\nregulation and pays on or before the date of such filing in addition to\nany other amounts required under this article, either ninety percent of\nthe entire tax surcharge required to be paid under this section for the\napplicable period, or not less than the tax surcharge shown on the\ntaxpayer's return for the preceding taxable year, if such preceding\ntaxable year was a taxable year of twelve months; provided, however,\nthat in no event shall such amount be less than the product of the\nfollowing three amounts: (1) the tax surcharge rate in effect for the\ntaxable year pursuant to subdivision one of this section, (2) the fixed\ndollar minimum applicable to such taxpayer as determined under paragraph\n(d) of subdivision one of section two hundred ten of this chapter for\nthe taxable year, and (3) the percentage determined under subdivision\ntwo of this section for the preceding taxable year, unless the taxpayer\nwas not subject to the tax surcharge imposed pursuant to this section\nwith respect to such year, in which case such percentage shall be deemed\nto be one hundred percent. The tax surcharge imposed by this section\nshall be payable to the commissioner in full at the time the report is\nrequired to be filed, and such tax surcharge or the balance thereof,\nimposed on any taxpayer which ceases to exercise its franchise or be\nsubject to the tax surcharge imposed by this section shall be payable to\nthe commissioner at the time the report is required to be filed,\nprovided such tax surcharge of a domestic corporation which continues to\npossess its franchise shall be subject to adjustment as the\ncircumstances may require; all other tax surcharges of any such\ntaxpayer, which pursuant to the foregoing provisions of this section\nwould otherwise be payable subsequent to the time such report is\nrequired to be filed, shall nevertheless be payable at such time. All of\nthe provisions of this article presently applicable are applicable to\nthe tax surcharge imposed by this section.\n * NB Effective until January 1, 2015\n * 5. The provisions concerning reports under sections two hundred\nten-C and two hundred eleven shall be applicable to this section, except\nthat for purposes of an automatic extension for six months for filing a\nreport covering the tax surcharge imposed by this section, such\nautomatic extension shall be allowed only if a taxpayer files with the\ncommissioner an application for extension in such form as said\ncommissioner may prescribe by regulation and pays on or before the date\nof such filing in addition to any other amounts required under this\narticle, either ninety percent of the entire tax surcharge required to\nbe paid under this section for the applicable period, or not less than\nthe tax surcharge shown on the taxpayer's return for the preceding\ntaxable year, if such preceding taxable year was a taxable year of\ntwelve months; provided, however, that in no event shall such amount be\nless than the product of the following three amounts: (1) the tax\nsurcharge rate in effect for the taxable year pursuant to subdivision\none of this section, (2) the fixed dollar minimum applicable to such\ntaxpayer as determined under paragraph (d) of subdivision one of section\ntwo hundred ten of this chapter for the taxable year, and (3) the\npercentage determined under subdivision two of this section for the\npreceding taxable year, unless the taxpayer was not subject to the tax\nsurcharge imposed pursuant to this section with respect to such year, in\nwhich case such percentage shall be deemed to be one hundred percent.\nThe tax surcharge imposed by this section shall be payable to the\ncommissioner in full at the time the report is required to be filed, and\nsuch tax surcharge or the balance thereof, imposed on any taxpayer which\nceases to exercise its franchise or be subject to the tax surcharge\nimposed by this section shall be payable to the commissioner at the time\nthe report is required to be filed, provided such tax surcharge of a\ndomestic corporation which continues to possess its franchise shall be\nsubject to adjustment as the circumstances may require; all other tax\nsurcharges of any such taxpayer, which pursuant to the foregoing\nprovisions of this section would otherwise be payable subsequent to the\ntime such report is required to be filed, shall nevertheless be payable\nat such time. All of the provisions of this article presently applicable\nare applicable to the tax surcharge imposed by this section.\n * NB Effective January 1, 2015\n 6. The term metropolitan commuter transportation district as used in\nthis section shall be defined pursuant to section twelve hundred\nsixty-two of the public authorities law.\n