§ 9. Electronic funds transfer by certain taxpayers remitting\nwithholding taxes. (a) Definitions. For the purposes of this section:\n (1) The term "commissioner" means the commissioner of taxation and\nfinance.\n (2) The term "educational organization" means a higher educational\ninstitution which\n (A) is authorized by the New York state board of regents to confer\ndegrees, or\n (B) offers a range of registered undergraduate and graduate curricula\nin the liberal arts and sciences, degrees in two or more professional\nfields and doctoral programs in at least three academic fields, or\n (C) is authorized by the New York state board of regents to offer\nundergraduate curricula below the baccalaureate level which normally\nlead to the associate degree,\nas such higher educational institutions are described in subdivisions\n(k), (l) and (m) of section 50.1 of eight New York codes, rules and\nregulations.\n (3) The term "electronic funds transfer" means any transfer of funds,\nother than a transaction originated by check, draft, or similar paper\ninstrument, which is initiated through an electronic terminal,\ntelephonic instrument or computer or magnetic tape so as to order,\ninstruct or authorize a financial institution to debit or credit an\naccount.\n (4) The term "health care provider" means any organization described\nin article twenty-eight or thirty-six of the public health law, or in\narticle thirty-one of the mental hygiene law.\n (5) The term "payment of tax" means the amount of tax that is actually\nremitted upon the filing of a withholding tax return, or is actually\nremitted for the purposes of obtaining an extension to file such a\nreturn.\n (6) The term "reconciliation of withholding" means the quarterly\ncombined withholding, wage reporting and unemployment insurance return\nrequired to be filed for the last calendar quarter of each year, as\nprescribed by paragraph four of subsection (a) of section six hundred\nseventy-four of this chapter.\n (b) General rules. (1) Subject to the requirements contained in\nsubdivisions (c) and (d) of this section, the commissioner shall require\nby regulation that any payment of tax made by a taxpayer who is\nrequired, for either of the semi-annual periods ending June thirtieth or\nDecember thirty-first, to deduct and withhold an aggregate of\nthirty-five thousand dollars or more of withholding taxes pursuant to\npart V of article twenty-two of this chapter, or pursuant to an\nequivalent provision enacted under the authority of article thirty,\nthirty-A or thirty-B of this chapter, or article two-E of the general\ncity law, shall be made, on or before the date prescribed by law, by\nelectronic funds transfer to a bank, banking house or trust company\ndesignated by the commissioner. The commissioner shall designate only\nsuch banks, banking houses or trust companies as are or shall be\ndesignated by the comptroller as depositories pursuant to section one\nhundred seventy-one-a of this chapter, as added by chapter sixty-nine of\nthe laws of nineteen hundred seventy-eight. Notwithstanding any\nprovision of law to the contrary, any such payment shall be deemed to be\nmade on the date the payment is received by the designated depository of\nthe department; provided, however, that at the election of a taxpayer\nsubject to the provisions of this subdivision, mailing by the taxpayer\nof the applicable withholding tax return and a certified check for the\namount of the tax liability on or before the second business day prior\nto the applicable due date otherwise prescribed by law shall fulfill the\nrequirements of this section and shall be deemed to be timely payment of\nsuch tax liability and timely filing of such return.\n (2) (A) On or before the thirtieth calendar day following the date\nregulations implementing the provisions of this section become\neffective, the commissioner shall, by certified mail, notify taxpayers\nrequired to participate in the electronic funds trans
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