New York Tax Code § 209

Imposition of tax; exemptions
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§ 209. Imposition of tax; exemptions. 1. (a) For the privilege of\nexercising its corporate franchise, or of doing business, or of\nemploying capital, or of owning or leasing property in this state in a\ncorporate or organized capacity, or of maintaining an office in this\nstate, or of deriving receipts from activity in this state, for all or\nany part of each of its fiscal or calendar years, every domestic or\nforeign corporation, except corporations specified in subdivision four\nof this section, shall annually pay a franchise tax, upon the basis of\nits business income base, or upon such other basis as may be applicable\nas hereinafter provided, for such fiscal or calendar year or part\nthereof, on a report which shall be filed, except as hereinafter\nprovided, on or before the fifteenth day of March next succeeding the\nclose of each such year, for taxable years beginning before January\nfirst, two thousand sixteen, and on or before the fifteenth day of April\nnext succeeding the close of each such year, for taxable years beginning\non or after January first, two thousand sixteen, or, in the case of a\ncorporation which reports on the basis of a fiscal year, within two and\none-half months after the close of such fiscal year, for taxable years\nbeginning before January first, two thousand sixteen, and on or before\nthe fifteenth day of the fourth month after the close of such fiscal\nyear, for taxable years beginning on or after January first, two\nthousand sixteen, and shall be paid as hereinafter provided.\n  (b) A corporation is deriving receipts from activity in this state if\nit has receipts within this state of one million dollars or more in the\ntaxable year. For purposes of this section, the term "receipts" means\nthe receipts that are subject to the apportionment rules set forth in\nsection two hundred ten-A of this article, and the term "receipts within\nthis state" means the receipts included in the numerator of the\napportionment factor determined under section two hundred ten-A of this\narticle. For purposes of this paragraph, receipts from processing credit\ncard transactions for merchants include merchant discount fees received\nby the corporation.\n  (c) A corporation is doing business in this state if (i) it has issued\ncredit cards to one thousand or more customers who have a mailing\naddress within this state as of the last day of its taxable year, (ii)\nit has merchant customer contracts with merchants and the total number\nof locations covered by those contracts equals one thousand or more\nlocations in this state to whom the corporation remitted payments for\ncredit card transactions during the taxable year, or (iii) the sum of\nthe number of customers described in subparagraph (i) of this paragraph\nplus the number of locations covered by its contracts described in\nsubparagraph (ii) of this paragraph equals one thousand or more. As used\nin this subdivision, the term "credit card" includes bank, credit,\ntravel and entertainment cards.\n  (d)(i) A corporation with less than one million dollars but at least\nten thousand dollars of receipts within this state in a taxable year\nthat is part of a unitary group that meets the ownership test under\nsection two hundred ten-C of this article is deriving receipts from\nactivity in this state if the receipts within this state of the members\nof the unitary group that have at least ten thousand dollars of receipts\nwithin this state in the aggregate meet the threshold set forth in\nparagraph (b) of this subdivision.\n  (ii) A corporation that does not meet any of the thresholds set forth\nin paragraph (c) of this subdivision but has at least ten customers, or\nlocations, or customers and locations, as described in paragraph (c) of\nthis subdivision, and is part of a unitary group that meets the\nownership test under section two hundred ten-C of this article is doing\nbusiness in this state if the number of customers, locations, or\ncustomers and locations, wi

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