New York § 197 - 197Payment of tax and penalties

§ 197. 197Payment of tax and penalties

§ 197. Payment of tax and penalties. 1. To the extent the taxes and fees imposed by this article shall not have been previously paid, (a) such taxes and fees, or the balance thereof, shall be payable to the tax commission in full at the time the taxpayer's report is required to be filed, and (b) such taxes and fees, or the balance thereof, imposed on any taxpayer which ceased to exercise its franchise or to be subject to any of the taxes or fees imposed by this article shall be payable to the tax commission at the time the report is required to be filed, provided any such tax or fee of a domestic corporation which continues to possess its franchise shall be subject to adjustment as the circumstances may require; all other taxes and fees of any such taxpayer, which pursuant to the foregoing provisions of this section would otherwise be payable subsequent to the time such report is required to be filed, shall nevertheless be payable at such time. 2. Where an application for consent to dissolution, as provided by section one thousand four of the business corporation law, is filed with the commissioner of taxation and finance, such consent shall be given only if the commissioner of taxation and finance ascertains that all fees and taxes imposed under this chapter or any related statute, as defined in section eighteen hundred of this chapter, as well as penalties and interest charges related thereto, accrued against the corporation have been paid, and where such application for consent to dissolution is filed with such commissioner prior to the commencement of any tax year or period, by a corporation subject to tax under articles nine or nine-a of this chapter, such corporation shall not be liable for any tax imposed by said articles for such following year or period (except as may be otherwise provided in section one hundred ninety-one, subdivision nine of section one hundred eighty-two, subdivision nine of section one hundred eighty-two-a, subdivision nine of section one hundred eighty-two-b and subdivision three of section two hundred nine of this chapter), provided that the certificate of dissolution for such corporation is duly filed in the office of the secretary of state within ninety days after the commencement of such tax year or period and such corporation does not conduct business in such tax year or period. 3. Notwithstanding any other provision of this article, the tax commission may grant a reasonable extension of time for payment of any tax or fee imposed by this article under such conditions as it deems just and proper.