Sec. 6-2.4. Filing combined reports

Tax Law, § 211(4)

(a)

(1) As provided in this Subpart, a group of related corporations may be required or permitted to file on a combined basis. To file on a combined basis the group must file a completed combined report. The first year the group files on a combined basis, and each year thereafter in which the composition of the group changes, the group must include the following information, with the report:

(i) the exact name, address, employer identification number and the state of incorporation of each corporation included in the combined report;

(ii) information showing that each of the corporations meets the capital stock requirement of section 6-2.2 of this Subpart for the taxable year; and

(iii) the exact name, address, employer identification number and the state of incorporation of all corporations (except alien corporations) that meet the capital stock requirement of section 6-2.2 of this Subpart for the taxable year, but are not included in the combined report.

(2) In addition, the following information may be required to be submitted for the taxable year at another time, such as in conjunction with an audit:

(i) a statement providing details as to why a combined report which includes only the corporations listed in subparagraph (1)(i) of this subdivision that meet the capital stock requirement of section 6-2.2 of this Subpart and the details as to why the corporations listed pursuant to subparagraph (1)(iii) of this subdivision are excluded; and

(ii) information establishing that each corporation included in the report meets the requirements of section 6-2.3 of this Subpart.

(b) The filing of a combined report or the inclusion of a corporation in or the exclusion of a corporation from a combined report is subject to revision or disallowance on audit. (See section 8-1.2 of this Title—Limitation on assessment and section 8-1.3 of this Title—Assessment of tax on combined reports.)

(c) If a corporation properly reports on a combined basis, the corporation must continue to file its reports on a combined basis until the facts relevant to sections 6-2.2 and 6-2.3 of this Subpart materially change.