§ 197-b. Payments of estimated tax. 1. (a) For taxable years beginning\non or after January first, nineteen hundred seventy-seven, every\ntaxpayer subject to tax under section one hundred eighty-four, one\nhundred eighty-six-a or one hundred eighty-six-e of this article, must\npay in each year an amount equal to (i) twenty-five percent of the tax\nimposed under each of such sections for the second preceding taxable\nyear if the second preceding year's tax exceeded one thousand dollars\nbut was equal to or less than one hundred thousand dollars, or (ii)\nforty percent of the tax imposed under any of these sections for the\nsecond preceding taxable year if the second preceding year's tax\nexceeded one hundred thousand dollars. If the second preceding year's\ntax under section one hundred eighty-four, one hundred eighty-six-a or\none hundred eighty-six-e of this article exceeded one thousand dollars\nand the taxpayer is subject to the tax surcharge imposed by section one\nhundred eighty-four-a or one hundred eighty-six-c of this article,\nrespectively, the taxpayer must also pay in each such year an amount\nequal to (i) twenty-five percent of the tax surcharge imposed under such\nsection for the second preceding taxable year if the second preceding\nyear's tax exceeded one thousand dollars but was equal to or less than\none hundred thousand dollars, or (ii) forty percent of the tax surcharge\nimposed under that section for the second preceding taxable year if the\nsecond preceding year's tax exceeded one hundred thousand dollars. The\namount or amounts must be paid with the return or report required to be\nfiled with respect to the tax or tax surcharge for the preceding taxable\nyear or with an application for extension of the time for filing the\nreturn or report, for taxable years beginning before January first, two\nthousand sixteen. The amount or amounts that must be paid with respect\nto the tax or tax surcharge for the second preceding year must be paid\non or before the fifteenth day of the third month following the close of\nthe taxable year, for taxable years beginning on or after January first,\ntwo thousand sixteen.\n (b) Notwithstanding any other provision of this article to the\ncontrary, any taxpayer required under this subdivision to pay an amount\nequal to twenty-five percent of its tax for the taxable year ending on\nDecember thirty-first, nineteen hundred seventy-six shall compute such\namount as if its tax for such taxable year were determined on the basis\nof its gross earnings, dividends paid, gross income or gross operating\nincome, as the case may be, for either the preceding twelve months\nending on such date or for the period from the date of its incorporation\nunder the laws of this state or the date it commenced carrying on or\ndoing business in New York to and including December thirty-first,\nnineteen hundred seventy-six, if such date of incorporation or\ncommencement of the carrying on or doing business was within the twelve\nmonths immediately preceding December thirty-first, nineteen hundred\nseventy-six.\n 2. The estimated tax or estimated tax surcharge for each taxable year\nwith respect to which a declaration of estimated tax or a declaration of\nestimated tax surcharge, respectively, is required to be filed under\nthis article shall be paid, in the case of a taxpayer which reports on\nthe basis of a calendar year, as follows:\n (a) If the declaration is filed on or before June fifteenth, the\nestimated tax or estimated tax surcharge shown thereon, after applying\nthereto the amount, if any, paid during the same taxable year pursuant\nto subdivision one of this section, shall be paid in three equal\ninstallments. One of such installments shall be paid at the time of the\nfiling of the declaration, one shall be paid on the following September\nfifteenth, and one on the following December fifteenth.\n (b) If the declaration is filed after June fifteenth and not after\nSeptember fifteenth of s
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