§ 181. License and maintenance fees on foreign corporations. 1. (a) Definition. As used in this section, the term "corporation" includes a joint-stock company or association and any business conducted by a trustee or trustees wherein interest or ownership is evidenced by certificate or other written instrument. (b) Imposition. Every foreign corporation, except banking corporations as defined in paragraph one, two, three, four, five, six, seven or eight of subsection (a) of section fourteen hundred fifty-two of this chapter, fire, marine, casualty and life insurance companies, co-operative fraternal insurance companies, and building and loan associations, doing business in this state, shall pay a license fee of one-twentieth of one per centum on its issued par value capital stock employed within this state and five cents on each share of its capital stock without par value employed within this state for the privilege of exercising its corporate franchises or carrying on its business in such corporate or organized capacity in this state. The first payment pursuant to this section shall not be less than ten dollars. (c) Recomputation based on changes. In any case where a change is made in the capital share structure of a corporation, or the amount of capital stock employed in this state is increased, the fee shall be recomputed on the basis of such change or increase, and there shall be credited against the fee, as recomputed, the amount of any fee that may have been previously paid pursuant to this section, but, if the fee previously paid exceeds the fee as recomputed, there shall be no refund. (d) Apportionment. The measure of the amount of capital stock employed in this state shall be such a portion of the issued capital stock as the gross assets, exclusive of obligations issued by the United States and cash on hand and on deposit, employed in business by such corporation within this state, bear to the gross assets, exclusive of obligations issued by the United States and cash on hand and on deposit, wherever employed in business by such corporation, except that the amount of capital stock employed in this state by a corporation subject to tax under article nine-A of this chapter shall be that proportion of its capital stock which is equal to the proportion of its business, investment and subsidiary capital allocable within the state pursuant to the provisions of said article. The capital of a corporation invested in the stock of another corporation shall be deemed to be assets located where the assets of the issuing corporation, other than patents, copyrights, trade-marks, contracts and good will, are located. (e) Procedures and collection. The amount of capital upon which such license fees shall be paid shall be fixed by the commissioner, who shall have the same authority to examine the books and records in this state of such foreign corporations, and the employees thereof as such commissioner has in the case of domestic corporations, and the commissioner shall have the same power to issue a warrant for the collection of such license fees, as now exists with regard to domestic corporations. (f) Article nine-A taxpayers. Notwithstanding any other provision of this section, every foreign corporation subject to tax under article nine-A of this chapter shall also be subject to the license fee imposed by this section for the privilege of exercising its corporate franchise, or of doing business, or of employing capital, or of owning or leasing property in this state in a corporate or organized capacity, or of maintaining an office in this state. 2. Annual maintenance fee. (a) Imposition. Every foreign corporation, except banking corporations as defined in paragraph one, two, three, four, five, six, seven or eight of subsection (a) of section fourteen hundred fifty-two of this chapter, fire, marine, casualty and lifeinsurance companies, co-operative fraternal insurance companies and building and loan associations, which is authorized to do business in this state pursuant to article thirteen or article fifteen-A of the business corporation law shall pay an annual maintenance fee of three hundred dollars for each year or portion thereof for which it is so authorized, provided, however, such fee shall be reduced by twenty-five per centum if the period for which the fee is imposed consists of more than six months but not more than nine months and by fifty per centum if the period for which the fee is imposed consists of not more than six months. (b) Payment. Each corporation required to pay such fee shall, for each of its calendar or fiscal years, or portion thereof, or if subject to any tax under this article, article nine-A or thirty-two of this chapter, for each of its calendar or fiscal years or taxable periods, or portion thereof, specified in this article, article nine-A or thirty-two of this chapter during which it was or continued to be authorized to do business in this state, pay such fee within two and one-half months after the close of such calendar or fiscal year or other period. Such fee shall continue to be paid annually thereafter until (A) such time that the corporation has, pursuant to section thirteen hundred ten or thirteen hundred eleven of the business corporation law, filed a certificate of surrender of authority or a certificate, order or decree, the filing of which has the same effect as the filing of a certificate of surrender of authority or (B) the time to annul the suspension of authority of the corporation to do business in this state provided for in section thirteen hundred nine of the business corporation law has expired or (C) the authority of the corporation to do business in this state has been annulled pursuant to the provisions of this section or of section thirteen hundred three or section fifteen hundred thirty-two of the business corporation law, at any of which times such fee for the year or portion thereof terminating at such time shall finally be paid. (c) Credit for fee paid. There shall be allowed as a credit against the tax due under this article (except the taxes and fees imposed by sections one hundred eighty and one hundred eighty-one), article nine-A or thirty-two of this chapter for any fiscal year, calendar year, or taxable period or portion thereof, the amount of the fee paid for the same fiscal or calendar year or portion of a year or the tax for such year or portion thereof, whichever is less. (d) Assessment and collection. Any fee remaining unpaid within or at the time required, shall be deemed assessed on the last day permitted for the timely payment thereof, or in the case of a final payment, on the day such fee was required to be paid. The commissioner shall have the same power to issue a warrant for such unpaid fees or to enforce payment of the same as now exists with regard to taxes imposed by this article, article nine-A or thirty-two of this chapter which have been assessed but remain unpaid.
§ 181. License and maintenance fees on foreign corporations. 1. (a) Definition. As used in this section, the term "corporation" includes a joint-stock company or association and any business conducted by a trustee or trustees wherein interest or ownership is evidenced by certificate or other written instrument. (b) Imposition. Every foreign corporation, except banking corporations as defined in paragraph one, two, three, four, five, six, seven or eight of subsection (a) of section fourteen hundred fifty-two of this chapter, fire, marine, casualty and life insurance companies, co-operative fraternal insurance companies, and building and loan associations, doing business in this state, shall pay a license fee of one-twentieth of one per centum on its issued par value capital stock employed within this state and five cents on each share of its capital stock without par value employed within this state for the privilege of exercising its corporate franchises or carrying on its business in such corporate or organized capacity in this state. The first payment pursuant to this section shall not be less than ten dollars. (c) Recomputation based on changes. In any case where a change is made in the capital share structure of a corporation, or the amount of capital stock employed in this state is increased, the fee shall be recomputed on the basis of such change or increase, and there shall be credited against the fee, as recomputed, the amount of any fee that may have been previously paid pursuant to this section, but, if the fee previously paid exceeds the fee as recomputed, there shall be no refund. (d) Apportionment. The measure of the amount of capital stock employed in this state shall be such a portion of the issued capital stock as the gross assets, exclusive of obligations issued by the United States and cash on hand and on deposit, employed in business by such corporation within this state, bear to the gross assets, exclusive of obligations issued by the United States and cash on hand and on deposit, wherever employed in business by such corporation, except that the amount of capital stock employed in this state by a corporation subject to tax under article nine-A of this chapter shall be that proportion of its capital stock which is equal to the proportion of its business, investment and subsidiary capital allocable within the state pursuant to the provisions of said article. The capital of a corporation invested in the stock of another corporation shall be deemed to be assets located where the assets of the issuing corporation, other than patents, copyrights, trade-marks, contracts and good will, are located. (e) Procedures and collection. The amount of capital upon which such license fees shall be paid shall be fixed by the commissioner, who shall have the same authority to examine the books and records in this state of such foreign corporations, and the employees thereof as such commissioner has in the case of domestic corporations, and the commissioner shall have the same power to issue a warrant for the collection of such license fees, as now exists with regard to domestic corporations. (f) Article nine-A taxpayers. Notwithstanding any other provision of this section, every foreign corporation subject to tax under article nine-A of this chapter shall also be subject to the license fee imposed by this section for the privilege of exercising its corporate franchise, or of doing business, or of employing capital, or of owning or leasing property in this state in a corporate or organized capacity, or of maintaining an office in this state. 2. Annual maintenance fee. (a) Imposition. Every foreign corporation, except banking corporations as defined in paragraph one, two, three, four, five, six, seven or eight of subsection (a) of section fourteen hundred fifty-two of this chapter, fire, marine, casualty and lifeinsurance companies, co-operative fraternal insurance companies and building and loan associations, which is authorized to do business in this state pursuant to article thirteen or article fifteen-A of the business corporation law shall pay an annual maintenance fee of three hundred dollars for each year or portion thereof for which it is so authorized, provided, however, such fee shall be reduced by twenty-five per centum if the period for which the fee is imposed consists of more than six months but not more than nine months and by fifty per centum if the period for which the fee is imposed consists of not more than six months. (b) Payment. Each corporation required to pay such fee shall, for each of its calendar or fiscal years, or portion thereof, or if subject to any tax under this article, article nine-A or thirty-two of this chapter, for each of its calendar or fiscal years or taxable periods, or portion thereof, specified in this article, article nine-A or thirty-two of this chapter during which it was or continued to be authorized to do business in this state, pay such fee within two and one-half months after the close of such calendar or fiscal year or other period. Such fee shall continue to be paid annually thereafter until (A) such time that the corporation has, pursuant to section thirteen hundred ten or thirteen hundred eleven of the business corporation law, filed a certificate of surrender of authority or a certificate, order or decree, the filing of which has the same effect as the filing of a certificate of surrender of authority or (B) the time to annul the suspension of authority of the corporation to do business in this state provided for in section thirteen hundred nine of the business corporation law has expired or (C) the authority of the corporation to do business in this state has been annulled pursuant to the provisions of this section or of section thirteen hundred three or section fifteen hundred thirty-two of the business corporation law, at any of which times such fee for the year or portion thereof terminating at such time shall finally be paid. (c) Credit for fee paid. There shall be allowed as a credit against the tax due under this article (except the taxes and fees imposed by sections one hundred eighty and one hundred eighty-one), article nine-A or thirty-two of this chapter for any fiscal year, calendar year, or taxable period or portion thereof, the amount of the fee paid for the same fiscal or calendar year or portion of a year or the tax for such year or portion thereof, whichever is less. (d) Assessment and collection. Any fee remaining unpaid within or at the time required, shall be deemed assessed on the last day permitted for the timely payment thereof, or in the case of a final payment, on the day such fee was required to be paid. The commissioner shall have the same power to issue a warrant for such unpaid fees or to enforce payment of the same as now exists with regard to taxes imposed by this article, article nine-A or thirty-two of this chapter which have been assessed but remain unpaid.
§ 181. License and maintenance fees on foreign corporations. 1. (a) Definition. As used in this section, the term "corporation" includes a joint-stock company or association and any business conducted by a trustee or trustees wherein interest or ownership is evidenced by certificate or other written instrument. (b) Imposition. Every foreign corporation, except banking corporations as defined in paragraph one, two, three, four, five, six, seven or eight of subsection (a) of section fourteen hundred fifty-two of this chapter, fire, marine, casualty and life insurance companies, co-operative fraternal insurance companies, and building and loan associations, doing business in this state, shall pay a license fee of one-twentieth of one per centum on its issued par value capital stock employed within this state and five cents on each share of its capital stock without par value employed within this state for the privilege of exercising its corporate franchises or carrying on its business in such corporate or organized capacity in this state. The first payment pursuant to this section shall not be less than ten dollars. (c) Recomputation based on changes. In any case where a change is made in the capital share structure of a corporation, or the amount of capital stock employed in this state is increased, the fee shall be recomputed on the basis of such change or increase, and there shall be credited against the fee, as recomputed, the amount of any fee that may have been previously paid pursuant to this section, but, if the fee previously paid exceeds the fee as recomputed, there shall be no refund. (d) Apportionment. The measure of the amount of capital stock employed in this state shall be such a portion of the issued capital stock as the gross assets, exclusive of obligations issued by the United States and cash on hand and on deposit, employed in business by such corporation within this state, bear to the gross assets, exclusive of obligations issued by the United States and cash on hand and on deposit, wherever employed in business by such corporation, except that the amount of capital stock employed in this state by a corporation subject to tax under article nine-A of this chapter shall be that proportion of its capital stock which is equal to the proportion of its business, investment and subsidiary capital allocable within the state pursuant to the provisions of said article. The capital of a corporation invested in the stock of another corporation shall be deemed to be assets located where the assets of the issuing corporation, other than patents, copyrights, trade-marks, contracts and good will, are located. (e) Procedures and collection. The amount of capital upon which such license fees shall be paid shall be fixed by the commissioner, who shall have the same authority to examine the books and records in this state of such foreign corporations, and the employees thereof as such commissioner has in the case of domestic corporations, and the commissioner shall have the same power to issue a warrant for the collection of such license fees, as now exists with regard to domestic corporations. (f) Article nine-A taxpayers. Notwithstanding any other provision of this section, every foreign corporation subject to tax under article nine-A of this chapter shall also be subject to the license fee imposed by this section for the privilege of exercising its corporate franchise, or of doing business, or of employing capital, or of owning or leasing property in this state in a corporate or organized capacity, or of maintaining an office in this state. 2. Annual maintenance fee. (a) Imposition. Every foreign corporation, except banking corporations as defined in paragraph one, two, three, four, five, six, seven or eight of subsection (a) of section fourteen hundred fifty-two of this chapter, fire, marine, casualty and lifeinsurance companies, co-operative fraternal insurance companies and building and loan associations, which is authorized to do business in this state pursuant to article thirteen or article fifteen-A of the business corporation law shall pay an annual maintenance fee of three hundred dollars for each year or portion thereof for which it is so authorized, provided, however, such fee shall be reduced by twenty-five per centum if the period for which the fee is imposed consists of more than six months but not more than nine months and by fifty per centum if the period for which the fee is imposed consists of not more than six months. (b) Payment. Each corporation required to pay such fee shall, for each of its calendar or fiscal years, or portion thereof, or if subject to any tax under this article, article nine-A or thirty-two of this chapter, for each of its calendar or fiscal years or taxable periods, or portion thereof, specified in this article, article nine-A or thirty-two of this chapter during which it was or continued to be authorized to do business in this state, pay such fee within two and one-half months after the close of such calendar or fiscal year or other period. Such fee shall continue to be paid annually thereafter until (A) such time that the corporation has, pursuant to section thirteen hundred ten or thirteen hundred eleven of the business corporation law, filed a certificate of surrender of authority or a certificate, order or decree, the filing of which has the same effect as the filing of a certificate of surrender of authority or (B) the time to annul the suspension of authority of the corporation to do business in this state provided for in section thirteen hundred nine of the business corporation law has expired or (C) the authority of the corporation to do business in this state has been annulled pursuant to the provisions of this section or of section thirteen hundred three or section fifteen hundred thirty-two of the business corporation law, at any of which times such fee for the year or portion thereof terminating at such time shall finally be paid. (c) Credit for fee paid. There shall be allowed as a credit against the tax due under this article (except the taxes and fees imposed by sections one hundred eighty and one hundred eighty-one), article nine-A or thirty-two of this chapter for any fiscal year, calendar year, or taxable period or portion thereof, the amount of the fee paid for the same fiscal or calendar year or portion of a year or the tax for such year or portion thereof, whichever is less. (d) Assessment and collection. Any fee remaining unpaid within or at the time required, shall be deemed assessed on the last day permitted for the timely payment thereof, or in the case of a final payment, on the day such fee was required to be paid. The commissioner shall have the same power to issue a warrant for such unpaid fees or to enforce payment of the same as now exists with regard to taxes imposed by this article, article nine-A or thirty-two of this chapter which have been assessed but remain unpaid.
