§ 183. Franchise tax on transportation and transmission corporations\nand associations.--1. (a) The term "corporation" as used in this section\nshall include an association, within the meaning of paragraph three of\nsubsection (a) of section seventy-seven hundred one of the internal\nrevenue code (including a limited liability company), a publicly traded\npartnership treated as a corporation for purposes of the internal\nrevenue code pursuant to section seventy-seven hundred four thereof and\nany business conducted by a trustee or trustees wherein interest or\nownership is evidenced by certificates or other written instruments.\n (b) For the privilege of exercising its corporate franchise, or of\ndoing business, or of employing capital, or of owning or leasing\nproperty in this state in a corporate or organized capacity, or of\nmaintaining an office in this state, every domestic corporation,\njoint-stock company or association formed for or principally engaged in\nthe conduct of canal, steamboat, ferry (except a ferry company operating\nbetween any of the boroughs of the city of New York under a lease\ngranted by the city), express, navigation, pipe line, transfer, baggage\nexpress, omnibus, taxicab, telegraph, or telephone business, or formed\nfor or principally engaged in the conduct of two or more of such\nbusinesses, and every domestic corporation, joint-stock company or\nassociation formed for or principally engaged in the conduct of a\nrailroad, palace car, sleeping car or trucking business or formed for or\nprincipally engaged in the conduct of two or more of such businesses and\nwhich has made an election pursuant to subdivision ten of this section,\nand every other domestic corporation, joint-stock company or association\nprincipally engaged in the conduct of a transportation or transmission\nbusiness, except a corporation, joint-stock company or association\nformed for or principally engaged in the conduct of a railroad, palace\ncar, sleeping car or trucking business or formed for or principally\nengaged in the conduct of two or more of such businesses and which has\nnot made the election provided for in subdivision ten of this section,\nand except a corporation, joint-stock company or association principally\nengaged in the conduct of aviation (including air freight forwarders\nacting as principal and like indirect air carriers) and except a\ncorporation principally engaged in providing telecommunication services\nbetween aircraft and dispatcher, aircraft and air traffic control or\nground station and ground station (or any combination of the foregoing),\nat least ninety percent of the voting stock of which corporation is\nowned, directly or indirectly, by air carriers and which corporation's\nprincipal function is to fulfill the requirements of (i) the federal\naviation administration (or the successor thereto) or (ii) the\ninternational civil aviation organization (or the successor thereto),\nrelating to the existence of a communication system between aircraft and\ndispatcher, aircraft and air traffic control or ground station and\nground station (or any combination of the foregoing) for the purposes of\nair safety and navigation shall pay, in advance, an annual tax to be\ncomputed upon the basis of the amount of its capital stock within this\nstate during the preceding year, and upon each dollar of such amount.\nProvided, however, a corporation, joint-stock company or association\nformed for or principally engaged in the transportation, transmission or\ndistribution of gas, electricity or steam shall not be subject to tax\nunder this section or section one hundred eighty-four of this article.\n (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, during the period that the state tax on motor fuel,\ncomputed without regard to any reimbursement allowable under paragraph\n(d) of subdivision three of section two hundred eighty-nine-c of this\nchapter, exceeds two cents per gallon, the corporati
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