New York Tax Code § 188

Tax surcharge
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§ 188. Tax surcharge. 1. In addition to the taxes imposed under\nsections one hundred eighty-three, one hundred eighty-four, one hundred\neighty-six and one hundred eighty-six-a of this article, there is hereby\nimposed, for years ending on December thirty-first, nineteen hundred\nninety, nineteen hundred ninety-one, nineteen hundred ninety-two,\nnineteen hundred ninety-three, nineteen hundred ninety-four, nineteen\nhundred ninety-five and nineteen hundred ninety-six, and, in addition to\nthe tax imposed under section one hundred eighty-six-e of this article,\nthere is hereby imposed, for years ending on December thirty-first,\nnineteen hundred ninety-five and nineteen hundred ninety-six, a tax\nsurcharge at the rate of fifteen percent in the case of years ending on\nDecember thirty-first, nineteen hundred ninety, nineteen hundred\nninety-one, nineteen hundred ninety-two and nineteen hundred\nninety-three, and until such rate is superseded; at the rate of ten\npercent in the case of years ending on December thirty-first, nineteen\nhundred ninety-four, and until such rate is superseded; at the rate of\nfive percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-five, and until such rate is superseded; and at\nthe rate of zero percent in the case of years ending on December\nthirty-first, nineteen hundred ninety-six, of the tax imposed under\nsections one hundred eighty-three, one hundred eighty-four, one hundred\neighty-six, one hundred eighty-six-a and one hundred eighty-six-e of\nthis article, after deduction of any credits against tax otherwise\nallowable under this article. However, the tax surcharge imposed by this\nsection shall not be imposed upon any taxpayer for more than eighty-four\nmonths (or twenty-four months, in the case of the tax imposed under\nsection one hundred eighty-six-e).  The credits against tax otherwise\nallowable under this article shall not be allowed against the tax\nsurcharge imposed by this section. Provided that, with respect to the\nyear ending on December thirty-first, nineteen hundred ninety-one, the\nforegoing tax surcharge imposed under this section with respect to such\nsection one hundred eighty-six-a of this article shall be computed based\nupon the tax liability under such section for such period undiminished\nby the application of any utility credit under article thirteen-A of\nthis chapter. Provided, further, that in addition to the aforesaid tax\nsurcharge imposed with respect to such section one hundred eighty-six-a\nof this article for the year ending on December thirty-one, nineteen\nhundred ninety-one, for such year there is also hereby imposed an amount\nin addition to such surcharge; such additional amount shall be equal to\nfifteen percent of the total amount of the utility credit under article\nthirteen-A of this chapter which was applied against tax liability under\nsuch section one hundred eighty-six-a of this article for the tax year\nending December thirty-first, nineteen hundred ninety.\n  1-a. Insofar as subdivision one of this section establishes a rate of\nfifteen percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-three and until such rate is superseded, a rate\nof ten percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-four and until such rate is superseded, a rate\nof five percent in the case of years ending on December thirty-first,\nnineteen hundred ninety-five and until such rate is superseded, and a\nrate of zero percent in the case of years ending on December\nthirty-first, nineteen hundred ninety-six, the transition from such rate\nof fifteen percent to such rate of ten percent, from such rate of ten\npercent to such rate of five percent, and from such rate of five percent\nto such rate of zero percent, shall be deemed to occur, respectively, on\nthe first day of the seventh month of each of such years ending on\nDecember thirty-first, nineteen hundred ninety

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