§ 1505-a. Metropolitan transportation business tax surcharge on\ninsurance corporations.\n (a) (1) Every domestic insurance corporation and every foreign or\nalien insurance corporation, and every life insurance corporation\ndescribed in subdivision (b) of section fifteen hundred one of this\narticle, for the privilege of exercising its corporate franchise, or of\ndoing business, or of employing capital, or of owning or leasing\nproperty in the metropolitan commuter transportation district in a\ncorporate or organized capacity, or of maintaining an office in the\nmetropolitan commuter transportation district, except corporations\nspecified in subdivision (c) of section fifteen hundred twelve of this\narticle, shall annually pay, in addition to the taxes otherwise imposed\nby this article, a tax surcharge on the taxes imposed under this article\nafter the deduction of any credits otherwise allowable under this\narticle as allocated to such district. Such taxes shall be allocated to\nsuch district for purposes of computing such tax surcharge upon\ntaxpayers subject to tax under subdivision (b) of section fifteen\nhundred ten of this article by applying the methodology, procedures and\ncomputations set forth in subdivisions (a) and (b) of section fifteen\nhundred four of this article, except that references to terms denoting\nNew York premiums, and total wages, salaries, personal service\ncompensation and commissions within New York shall be read as denoting\nwithin the metropolitan commuter transportation district and terms\ndenoting total premiums and total wages, salaries, personal service\ncompensation and commissions shall be read as denoting within the state.\nIf it shall appear to the commissioner that the application of the\nmethodology, procedures and computations set forth in such subdivisions\n(a) and (b) does not properly reflect the activity, business or income\nof a taxpayer within the metropolitan commuter transportation district,\nthen the commissioner shall be authorized, in the commissioner's\ndiscretion, to adjust such methodology, procedures and computations for\nthe purpose of allocating such taxes by:\n (A) excluding one or more factors therein;\n (B) including one or more other factors therein, such as expenses,\npurchases, receipts other than premiums, real property or tangible\npersonal property; or\n (C) any other similar or different method which allocates such taxes\nby attributing a fair and proper portion of such taxes to the\nmetropolitan commuter transportation district. The commissioner from\ntime to time shall publish all rulings of general public interest with\nrespect to any application of the provisions of the preceding sentence.\nThe commissioner may promulgate rules and regulations to further\nimplement the provisions of this section.\n (2) Such taxes shall be allocated to such district for purposes of\ncomputing such tax surcharge upon taxpayers subject to tax under section\nfifteen hundred two-a of this article pursuant to a fraction, the\ndenominator of which shall be the direct premiums subject to tax under\nsection fifteen hundred ten of this article, and the numerator of which\nshall be the direct premiums subject to tax under section fifteen\nhundred ten of this article that are written on risks located or\nresident in the metropolitan commuter transportation district, including\npremiums written, procured or received in the metropolitan commuter\ntransportation district on business that cannot be specifically assigned\nas located or resident in an area of New York state outside the\nmetropolitan commuter transportation district, or in another state or\nstates; provided, however, in the case of special risk premiums, the\nnumerator shall include only those premiums written, procured or\nreceived in the metropolitan commuter transportation district on\nproperty or risks located or resident in the metropolitan commuter\ntransportation district. If it shall appear to the commissione
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