Sec. 6-4.3. Time for filing reports of corporations ceasing to exercise franchise or be subject to tax

Tax Law, § 211(1)

(a) A domestic corporation which ceases to exercise its franchise is required to file a report on the date of such cessation or at such other times as the Tax Commission may require covering each year or period for which no report was filed (see section 2-3.1 of this Title—Cessation period). The report is required in any such case whether the corporation continues in existence and remains subject to article 9-A or is dissolved and ceases to be subject to tax. If the corporation continues in business the report is tentative and the tax must be adjusted on the next report due, either the next annual report or the final report.

(b) A foreign corporation which ceases to do business in New York State or to employ capital, or to own lease property in this State in a corporate or organized capacity, or to maintain an office in this State and, thus, ceases to be subject to tax under article 9-A, or any corporation which ceases to be subject to tax under article 9-A because of a change of classification (see section 2-3.1 of this Title—Cessation period) is required to file a report on the date of such cessation, or date of such change of classification, or at such other time as the Tax Commission may require, covering each year or period for which no report was filed.

(c) If a corporation which is taxed on the basis of a combined report, ceases to be subject to tax under article 9-A (see section 2-3.1 of this Title—Cessation period), or ceases to exercise its franchise but remains subject to tax, secures the permission of the Tax Commission to be included in the next combined report, it need not file a separate report at the time of such cessation.