tal Hygiene Capital Improvement Fund-389, Department of Health Facilities Capital Improvement Fund, the Division for Youth Facilities Improvement Fund-357, the Youth_Centers_Facility Fund-358, the Housing Assistance Fund-374, the Housing Program Fund-376 and the Engineering Services Fund-380. Such loans shall be limited to the amounts immediately required to meet disbursements, made in pursuance of an appropriation by law and authorized by a certificate of approval issued by the director of the budget with copies thereof filed with the comptroller and the chairmen of the senate finance committee and the assembly ways and means committee. The director of the budget shall not issue such a certificate unless he shall have determined that the amounts to be so loaned are receivable on account. When making loans, the comptroller shall establish appropriate accounts and if the loan is not repaid by the end of the month, provide on or before the 15th day of the following month to the director of the budget, the chairmen of the senate finance committee and the assembly ways and means committee, an accurate accounting and reporting of the financial resources of each such fund at the end of such month. Within 10 days of the receipt of such accounting and reporting, the director of the budget shall provide to the chairmen of the senate finance committee and the assembly ways and means committee an expected schedule of repayment by fund and by source for each outstanding loan. Repayment shall be made by the comptroller from the first cash receipts of this fund.

§ 2. This act shall take effect on the same date as a chapter of the laws of 1992, as proposed in legislative bill numbers S. 8770 and A. 11089, amending the public health law, the state finance law, the public officers law, the civil service law, the insurance law, the Social services law and the public authorities law, relating to establishing a plan for the management and disbursement of clinical practice income at Roswell Park Cancer Institute; authorizing increased operating flexibility at such hospitals; and financing construction, renovation and rehabilitation of facilities for the department of health; and amending chapter 165 of the laws of 1991, amending the public health law, the insurance law and other laws relating to payments for medical assistance, relating to extending the effective date of such provision, takes effect.

CHAPTER 760

(See REPEAL NOTE at end of Chapter.)

AN ACT to amend the general city law, the tax law, the administrative code of the city of New York, chapter 61 of the laws of 1989, amending the general business law and other laws relating to fees, corporate taxes, cigarette and alcohol taxes and various other taxes and chapter 190 of the laws of 1990, amending the business corporation law, the tax law and other laws generally relating to taxes and fees, in relation to making technical and clarifying corrections to provisions contained therein and necessitated by the enactment of such chapter 190, chapter 69 of the laws of 1990 and chapter 166 of the laws of 1991 and to repeal certain provisions of the tax law and the administrative code of the city of New York relating thereto

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (k) of subsection 1 of section 25-m of the general city law, as amended by chapter 333 of the laws of 1987, is amended to read as follows:

(k) Unless a different meaning is clearly required, any term used in this local law shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal taxes but such meaning shall be subject to the [exemptions] exceptions or

modifi

760]

LAWS OF NEW YORK, 1992

3903

cations prescribed in or pursuant to article two-E of the general city
law or by the laws of this state. Any reference in this local law to the
internal revenue code, the internal revenue code of nineteen hundred
eighty-six or to the laws of the United States shall mean the provisions
of the internal revenue code of nineteen hundred eighty-six (unless a
reference to the internal revenue code of nineteen hundred fifty-four is
clearly intended), and amendments thereto, and other provisions of the
laws of the United States relating to federal taxes, as the same are in-
cluded in this local law as an appendix and supplement to the appendix
or as included by reference to an appendix and supplement to the appen-
dix of a title enacted by the same local law as enacts this local law.
(The quotation of the aforesaid laws of the United States is intended to
make them a part of this local law and to avoid constitutional uncer-
tainties which might result if such laws were merely incorporated by
reference. The quotation of a provision of the federal internal revenue
code or of any other law of the United States shall not necessarily mean
that it is applicable to or has relevance to this local law.)

§ 2. Subdivision 1 of section 2 of the tax law, as amended by chapter 282 of the laws of 1986, is amended to read as follows:

1. ["Tax department" or "department, "unless] Unless otherwise expressly stated or unless the context or subject matter otherwise requires, "tax department" or "department" as used in this chapter, means the department of taxation and finance, "commissioner" means the commissioner of taxation and finance or his delegate, and "tax commission" or "commission", in all matters pertaining to the administration of the division of tax appeals, means the tax appeals tribunal and in all other matters means the commissioner of taxation and finance.

§ 3. Section 5 of the tax law, as added by chapter 817 of the laws of 1987, is renumbered section 8.

§ 4. Subdivision 1 of section 171-a of the tax law, as amended by chapter 55 of the laws of 1992, is amended to read as follows:

1. All taxes, interest, penalties and fees collected or received by the commissioner of taxation and finance or his duly authorized agent under articles nine (except section one hundred eighty-two-a thereof and except as otherwise provided in section two hundred five thereof), nine-A, twelve-A (except as otherwise provided in section two hundred eighty-four-d thereof), thirteen, thirteen-A (except as otherwise provided in section three hundred twelve thereof), fifteen (except as otherwise provided in section three hundred forty-one thereof), eighteen [(except as otherwise provided in paragraph (a) of subdivision one of section four hundred twenty-four thereof as amended by section two hundred fifty of the chapter of the laws of nineteen hundred ninety which enacted this exception)], eighteen-A [(but only in the event that subdivision two of section four hundred forty-six of such article does not take effect)], nineteen, twenty, twenty-one, twenty-two, twenty-four, twenty-six, twenty-six-A, twenty-six-B, twenty-eight (except as otherwise provided in section eleven hundred two and section eleven hundred four-a thereof), twenty-eight-A, thirty-one, thirty-one-B, thirty-two, thirty-three and thirty-three-A of this chapter shall be deposited daily in one account with such responsible banks, banking houses or trust companies as may be designated by the comptroller, to the credit of the comptroller. Such an account may be established in one or more of such depositories. Such deposits shall be kept separate and apart from all other money in the possession of the comptroller. The comptroller shall require adequate security from all such depositories. Of the total revenue collected or received under such articles of this chapter, the comptroller shall retain in his hands such amount as the commissioner of taxation and finance may determine to be necessary for refunds or reimbursements under such articles of this chapter and article ten thereof of which amount the comptroller shall pay any refunds or reimbursements to which taxpayers shall be entitled under the provisions of such articles of this chapter and article ten thereof. The commissioner of taxation and finance and the comptroller shall maintain a system of showing the amount of revenue_collected or received from each of the taxes imposed by such articles. The comptroller, after reserving the amount to pay such refunds or reimbursements, shall, on or before the tenth day of each month, pay into the state treasury to the credit of the general fund all revenue deposited under this section during the preceding calendar month and remaining to his credit on the last day of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

out

ac

counts

1

such preceding month except that he shall pay to the state department of
social services that amount of overpayments of tax imposed by article
twenty-two of this chapter and the interest on such amount which is cer-
tified to him by the commissioner of taxation and finance as the amount
to be credited against past-due support pursuant to subdivision six of
section one hundred seventy-one-c of this chapter and except that he
shall pay to the New York state higher education services corporation
and the state university of New York or the city university of New York
respectively that amount of overpayments of tax imposed by article
twenty-two of this chapter and the interest on such amount which is cer-
tified to him by the commissioner of taxation and finance as the amount
to be credited against the amount of defaults in repayment of guaranteed
student loans and state university loans or city university loans pur-
suant to subdivision five of section one hundred seventy-one-d and sub-
division six of section one hundred seventy-one-e of this chapter and
except further that, notwithstanding any law, he shall credit to the
revenue arrearage account, pursuant to section ninety-one-a of the state
finance law, that amount of overpayment of tax imposed by article nine,
nine-A, twenty-two, thirty, thirty-A, thirty-B, thirty-two or thirty-
three of this chapter, and any interest thereon, which is certified to
him by the commissioner of taxation and finance as the amount to be
credited against a past-due legally enforceable debt owed to a
agency pursuant to subdivision six of section one hundred seventy-one-f
of this article, and except further that he shall pay to a non-obligated
spouse that amount of overpayment of tax imposed by article twenty-two
of this chapter and the interest on such amount which has been credited
pursuant to section one hundred seventy-one-c, one hundred seventy-
one-d, or one hundred seventy-one-e or one hundred seventy-one-f of this
article and which is certified to him by the commissioner of taxation
and finance as the amount due such non-obligated spouse pursuant to
paragraph six of subsection (b) of section six hundred fifty-one of this
chapter, and he shall deduct a like amount which he shall pay into the
treasury to the credit of the general fund from amounts subsequently
payable to the department of social services, the state university of
New York, the city university of New York, or the higher education ser-
vices corporation, or the revenue arrearage account pursuant to
ninety one-a of the state finance law, as the case may be, whichever had
been credited the amount originally withheld from such overpayment.

state

section

§ 5. Subdivision 2 of section 181 of the tax law, as amended by chapter 61 of the laws of 1989, is amended to read as follows:

2. Annual maintenance fee. Every foreign corporation, except banking corporations as defined in paragraph one, two, three, four, five, six, seven or eight of subsection (a) of section fourteen hundred fifty-two of this chapter, fire, marine, casualty and life insurance companies, co-operative fraternal insurance companies and building and loan associations, which is authorized to do business in this state pursuant to article thirteen or article [fifteen-a] fifteen-A of the business corporation law shall pay an annual maintenance fee of three hundred dollars for each year or portion thereof for which it is so authorized, provided, however, such fee shall be reduced by twenty-five per centum if the period for which the fee is imposed consists of more than six months but not more than nine months and by fifty per centum if the period for which the fee is imposed consists of not more than six months. Each corporation required to pay such fee shall, for each of its calendar or fiscal years, or portion thereof, or if subject to any tax under this article, article [nine-a] nine-A or thirty-two of this chapter, for each of its calendar or fiscal years or taxable periods, or portion thereof, specified in this article, article [nine-a] nine-A or thirty-two of this chapter during which it was or continued to be authorized to do business in this state, pay such fee within two and one-half months after the close of such calendar or fiscal year or other period. Such fee shall continue to be paid annually thereafter until (A) such time that the corporation has, pursuant to section thirteen hundred ten or thirteen hundred eleven of the business corporation law, filed a certificate of surrender of authority or a certificate, order or decree, the filing of which has the same effect as the filing of a certificate of surrender of authority or (B) the time to annul the suspension of authority of the corporation to do business in this state provided for in section thirteen hundred nine of the business corporation law has expired or (C) the authority of the corporation to do business in this state has been annulled pursuant to the provisions of this section or of section thirteen hundred three or section fifteen hundred thirty-two of

the business corporation law, at any of which times such fee for the
year or portion thereof terminating at such time shall finally be paid.
There shall be allowed as a credit against the tax due under this arti-
cle (except the taxes and fees imposed by sections one hundred eighty
and one hundred eighty-one), article [nine-a, twenty-two] nine-A or
thirty-two of this chapter for any fiscal year, calendar year, or tax-
able period or portion thereof, the amount of the fee paid for the same
fiscal or calendar year or portion of a year or the tax for such year or
portion thereof, whichever is less. Any fee remaining unpaid within or
at the time required, shall be deemed assessed on the last day permitted
for the timely payment thereof, or in the case of a final payment, on
the day such fee was required to be paid. The commissioner of taxation
and finance shall have the same power to issue a warrant for such unpaid
fees or to enforce payment of the same as now exists with regard to
taxes imposed by this article, article [nine-a] nine-A or thirty-two of
this chapter which have been assessed but remain unpaid.
§ 6. Subparagraphs 2 and 3 of paragraph (a) of subdivision 3 of
section 189 of the tax law, as added by chapter 166 of the laws of 1991
and subparagraph 1 as amended by chapter 410 of the laws of 1991, are
amended to read as follows:

1,

(1) If the gas services are delivered in this state to the gas importer by a public utility, then the public utility making such delivery of gas services shall be required to collect the tax imposed by this section pursuant to subparagraph two of this paragraph, and shall be collected monthly from such gas importer and such gas importer shall so pay the tax required to be collected to such public utility. The tax shall be due and owing and shall be required to be paid to the public utility within thirty days from the billing for the tax. The tax required to be collected by such public utility shall be separately stated, charged and shown on all invoices, receipts or other memoranda of price with respect to the transportation of such gas services. The amount of tax required to be collected shall be paid to such public utility required to collect it as trustee for and on account of the state. Every public utility required to collect the tax imposed by this section shall file a return quarterly with the commissioner of taxation and finance showing the amount of such tax required to be collected [during] for the quarterly period covered by the return. The returns required by this section to be filed quarterly shall be filed for quarterly periods ending on the last day of February, May, August and November of each year, and each return shall be filed within twenty days after the end of the quarterly period covered thereby along with payment of the tax required to be collected for such period. All of the provisions of subdivision one of section eleven hundred thirty-one, [subdivision] subdivisions (a) and (e) of section eleven hundred thirty-two, section eleven hundred thirty-three and section eleven hundred thirtyfive of this chapter shall apply to the tax imposed by this section with the same force and effect as if the language of those provisions has been incorporated in full in this section and had expressly referred the tax imposed by this section, with such modification as may be necessary in order to adapt the language of such provisions to the provisions of this section, provided, specifically, that the term "person required to collect tax" shall refer to a public utility required to collect tax under this section, the term "customer" shall refer to a gas importer from whom tax under this section is required to be collected by a public utility and the term "tax" shall refer to the tax imposed by this

to

section.

(2) Subject to the right of refund under subparagraph four of this paragraph, it shall be presumed for purposes of the payment of the tax imposed by this section by the method described in this paragraph that the consideration given or contracted to be given by a gas importer for gas services shall be equal to the annual average gas price per Mcf then in effect as provided in paragraph (e) of subdivision one of this section times the number of Mcf for gas services. Accordingly, the amount of the tax required to be collected by such public utility shall be determined by multiplying the number of Mcfs of gas services delivered by such utility during the taxable month times the annual average gas price for gas services transported and delivered to the gas importer during the same period times [three and three-quarters percent] the rate of tax prescribed in paragraph (b) of subdivision two of this section.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

(3) The amount of tax required to be collected by such public utility shall be due and owing and shall be paid [over] quarterly to the commissioner along with and at the same time [(without regard to any extension of time) as payments of estimated tax on account of tax liability under sections one hundred eighty-six and one hundred eighty-six-a of this article required to be made by such public utility pursuant to section one hundred ninety-seven-b of this article] as the return required under this section. In addition to amounts required to be collected, there shall also be paid at the time of filing such return all amounts purportedly collected as tax imposed pursuant to this article, such amounts being described by the those* provisions of paragraph (iii) of subdivision (a) of section eleven hundred thirty-seven of this chapter but with such modification as is necessary to make those provisions applicable to the tax imposed by this section.

§ 7. Subparagraph 12 of paragraph (a) of subdivision 9 of section 208 of the tax law, as amended by chapter 817 of the laws of 1987, is amended and a new subparagraph 13 is added to read as follows:

(12) upon the disposition of property, to which paragraph (j) of this subdivision applies, the amount, if any, by which the aggregate of the amounts described in subparagraph ten of paragraph (b) of this subdivision attributable to such property exceeds the aggregate of the amounts described in paragraph (j) of this subdivision attributable to such property[.]; and

(13) if the added tax provided for in either (i) former subdivision two of section one hundred eighty-two of this chapter (relating to real estate corporations) or (ii) former subdivision one-a of section two hundred nine of this chapter (relating to real estate corporations) has been imposed upon the taxpayer, any income which has been used in computing such tax.

§ 8. Subparagraph 4-a of paragraph (b) of subdivision 9 of section 208 of the tax law, as separately amended by chapters 265 and 817 of the laws of 1987, is amended to read as follows:

(4-a)(A) the entire amount allowable as an exclusion or deduction for stock transfer taxes imposed by article twelve of this chapter in determining the entire taxable income which the taxpayer is required to report to the United States treasury department but only to the extent that such taxes are incurred and paid in market making transactions, (B) [the amount allowed as an exclusion or deduction for sales and compensating use taxes imposed by sections eleven hundred five and eleven hundred ten of this chapter in determining the entire taxable income which the taxpayer is required to report to the United States treasury department but only such portion of such exclusion or deduction which is not in excess of the amount of the credit allowed pursuant to subdivision sixteen of section two hundred ten of this article, (C)] in those instances where a credit for the special additional mortgage recording tax credit is allowed under paragraph (a) of subdivision seventeen of section two hundred ten of this article, the amount allowed as an exclusion or deduction for the special additional mortgage recording tax imposed by subdivision one-a of section two hundred fifty-three of this chapter in determining the entire taxable income which the taxpayer is required to report to the United States treasury department, and [(D)] (C) unless the credit allowed pursuant to subdivision seventeen of section two hundred ten of this article is reflected in the computation of the gain or loss so as to result in an increase in such gain or decrease of such loss, for federal income tax purposes, from the sale or other disposition of the property with respect to which the special additional mortgage recording tax imposed pursuant to subdivision one-a of section two hundred fifty-three of this chapter was paid, the amount of the special additional mortgage recording tax imposed by subdivision one-a of section two hundred fifty-three of this chapter which was paid and which is reflected in the computation of the basis of the property so as to result in a decrease in such gain or increase in such loss for federal income tax purposes from the sale or other disposition of the property with respect to which such tax was paid.

§ 9. Subparagraph 2 of paragraph (h) of subdivision 9 of section 208 of the tax law, as amended by chapter 190 of the laws of 1990, is amended to read as follows:

(2) in the case of a New York S termination year, an equal portion of entire net income shall be assigned to each day of such year. The por of such entire net income thereby assigned to the S short year and

tion

So in original. (Word "those" inadvertently added.)