New York Tax Code § 685

Additions to tax and civil penalties
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§ 685. Additions to tax and civil penalties.--(a) (1) Failure to file\ntax return.--\n  (A) In case of failure to file a tax return under this article on or\nbefore the prescribed date (determined with regard to any extension of\ntime for filing), unless it is shown that such failure is due to\nreasonable cause and not due to willful neglect, there shall be added to\nthe amount required to be shown as tax on such return five percent of\nthe amount of such tax if the failure is for not more than one month,\nwith an additional five percent for each additional month or fraction\nthereof during which such failure continues, not exceeding twenty-five\npercent in the aggregate.\n  (B) In the case of a failure to file a return of tax within sixty days\nof the date prescribed for filing of such return (determined with regard\nto any extension of time for filing), unless it is shown that such\nfailure is due to reasonable cause and not due to willful neglect, the\naddition to tax under subparagraph (A) of this paragraph shall not be\nless than the lesser of one hundred dollars or one hundred percent of\nthe amount required to be shown as tax on such return.\n  (C) For purposes of this paragraph, the amount of tax required to be\nshown on the return shall be reduced by the amount of any part of the\ntax which is paid on or before the date prescribed for payment of the\ntax and by the amount of any credit against the tax which may be claimed\nupon the return.\n  (2) Failure to pay tax shown on return.--In case of failure to pay the\namounts shown as tax on any return required to be filed under this\narticle on or before the prescribed date (determined with regard to any\nextension of time for payment), unless it is shown that such failure is\ndue to reasonable cause and not due to willful neglect, there shall be\nadded to the amount shown as tax on such return one-half of one per cent\nof the amount of such tax if the failure is not for more than one month,\nwith an additional one-half of one per cent for each additional month or\nfraction thereof during which such failure continues, not exceeding\ntwenty-five per cent in the aggregate. For the purpose of computing the\naddition for any month, the amount of tax shown on the return shall be\nreduced by the amount of any part of the tax which is paid on or before\nthe beginning of such month and by the amount of any credit against the\ntax which may be claimed upon the return. If the amount of tax required\nto be shown on a return is less than the amount shown as tax on such\nreturn, this paragraph shall be applied by substituting such lower\namount.\n  (3) Failure to pay tax required to be shown on return.--In case of\nfailure to pay any amount in respect of any tax required to be shown on\na return required to be filed under this article which is not so shown\n(including an assessment made pursuant to subsection (a) of section six\nhundred eighty-two of this article) within twenty-one calendar days of\nthe date of a notice and demand therefor (ten business days if the\namount for which such notice and demand is made equals or exceeds one\nhundred thousand dollars), unless it is shown that such failure is due\nto reasonable cause and not due to willful neglect, there shall be added\nto the amount of tax stated in such notice and demand one-half of one\npercent of such tax if the failure is not for more than one month, with\nan additional one-half of one percent for each additional month or\nfraction thereof during which such failure continues, not exceeding\ntwenty-five percent in the aggregate. For the purpose of computing the\naddition for any month, the amount of tax stated in the notice and\ndemand shall be reduced by the amount of any part of the tax which is\npaid before the beginning of such month.\n  (4) Limitations on additions.--\n  (A) With respect to any return, the amount of the addition under\nparagraph one of this subsection shall be reduced by the amount of the\naddition u

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