State Codes and Statutes

Statutes > New-york > Tax > Article-9 > 183-a

§  183-a. Temporary metropolitan transportation business tax surcharge  on transportation and transmission corporations and associations. 1. The  term "corporation" as used in this section shall include an association,  within the meaning of paragraph  three  of  subsection  (a)  of  section  seventy-seven  hundred  one  of  the  internal revenue code (including a  limited liability company), a publicly traded partnership treated  as  a  corporation  for  purposes  of  the  internal  revenue  code pursuant to  section seventy-seven hundred four thereof and any business conducted by  a trustee or trustees wherein interest  or  ownership  is  evidenced  by  certificates   or   other   written   instruments.   Every  corporation,  joint-stock company or association formed for or principally engaged  in  the conduct of canal, steamboat, ferry (except a ferry company operating  between  any  of  the  boroughs  of  the  city of New York under a lease  granted by the city), express, navigation, pipe line, transfer,  baggage  express,  omnibus,  taxicab, telegraph, or telephone business, or formed  for  or  principally  engaged  in  the  conduct  of  two  or  more  such  businesses,  and  every  corporation, joint-stock company or association  formed for or principally engaged in the conduct of a  railroad,  palace  car,  sleeping  car  or  trucking  business or formed for or principally  engaged in the conduct of two or more of such businesses and  which  has  made  an  election  pursuant  to  subdivision ten of section one hundred  eighty-three of this article, and every other  corporation,  joint-stock  company   or  association  principally  engaged  in  the  conduct  of  a  transportation  or  transmission   business,   except   a   corporation,  joint-stock  company or association formed for or principally engaged in  the conduct of a railroad, palace car, sleeping car or trucking business  or formed for or principally engaged in the conduct of two  or  more  of  such  businesses  and  which  has  not made the election provided for in  subdivision ten of section one hundred eighty-three of this article, and  except a corporation, joint-stock  company  or  association  principally  engaged  in  the  conduct  of aviation (including air freight forwarders  acting as principal  and  like  indirect  air  carriers)  and  except  a  corporation  principally engaged in providing telecommunication services  between aircraft and dispatcher, aircraft and  air  traffic  control  or  ground station and ground station (or any combination of the foregoing),  at  least  ninety  percent  of  the voting stock of which corporation is  owned, directly or indirectly, by air carriers and  which  corporation's  principal  function  is  to  fulfill the requirements of (i) the federal  aviation  administration  (or  the  successor  thereto)  or   (ii)   the  international  civil  aviation  organization (or the successor thereto),  relating to the existence of a communication system between aircraft and  dispatcher, aircraft and air  traffic  control  or  ground  station  and  ground station (or any combination of the foregoing) for the purposes of  air  safety and navigation and except a corporation, joint-stock company  or association which is liable to taxation under article  thirty-two  of  this  chapter,  shall  pay for the privilege of exercising its corporate  franchise, or of doing business, or of employing capital, or  of  owning  or leasing property in the metropolitan commuter transportation district  in  such corporate or organized capacity, or of maintaining an office in  such district, a tax  surcharge  for  all  or  any  part  of  its  years  commencing  on  or  after January first, nineteen hundred eighty-two but  ending before December thirty-first, two thousand  thirteen,  which  tax  surcharge,  in  addition  to  the  tax  imposed  by  section one hundred  eighty-three of this article, shall be computed at the rate of  eighteen  percent  of  the tax imposed under such section one hundred eighty-three  for such years  or  any  part  of  such  years  ending  before  December  thirty-first,  nineteen  hundred eighty-three after the deduction of any  credits otherwise allowable under this  article,  and  at  the  rate  ofseventeen  percent  of the tax imposed under such section for such years  or any part of such years ending  on  or  after  December  thirty-first,  nineteen  hundred  eighty-three  after  the  deduction  of  any  credits  otherwise  allowable  under  this  article; provided, however, that such  rates of tax surcharge shall be applied only to that portion of the  tax  imposed under section one hundred eighty-three of this article after the  deduction of any credits otherwise allowable under this article which is  attributable  to  the taxpayer's business activity carried on within the  metropolitan commuter transportation district as so  determined  in  the  manner  prescribed  by  the  rules  and  regulations  promulgated by the  commissioner; and provided, further, that the tax surcharge  imposed  by  this  section shall not be imposed upon any taxpayer for more than three  hundred seventy-two months.    2. The owning or holding in the metropolitan  commuter  transportation  district  by  a  corporation, or by a trustee or trustees included under  this section within the meaning of the term corporation as  hereinbefore  defined, of property shall constitute doing business in the metropolitan  commuter  transportation  district  within  the meaning of this section;  provided, however, that the owning or holding  in  such  district  by  a  railroad,  palace car or sleeping car corporation, business, navigation,  canal, ferry, (except a ferry  company  operating  between  any  of  the  boroughs  of the city of New York under a lease granted by the city), or  steamboat or any other corporation formed for or principally engaged  in  the  operation of vessels included under this section within the meaning  of the term  corporation  as  hereinbefore  defined,  of  property  used  exclusively in interstate or foreign commerce shall not constitute doing  business  in such district within the intent of this section. However, a  corporation or such trustee or trustees shall not be deemed to be  doing  business,  employing capital, owning or leasing property, or maintaining  an office in the metropolitan commuter transportation district, for  the  purposes  of  this  section,  by  reason  of (a) the maintenance of cash  balances with banks or trust  companies  in  the  metropolitan  commuter  transportation  district,  or  (b)  the  ownership of shares of stock or  securities kept in the metropolitan commuter transportation district, if  kept in a safe deposit box, safe, vault or other receptacle  rented  for  the  purpose, or if pledged as collateral security, or if deposited with  one or more banks or trust companies, or brokers who are  members  of  a  recognized security exchange, in safekeeping or custody accounts, or (c)  the  taking  of  any action by any such bank or trust company or broker,  which is incidental to the rendering of safekeeping or custodian service  to such corporation, or  (d)  the  maintenance  of  an  office  in  such  district by one or more officers or directors of the corporation who are  not  employees  of  the  corporation if the corporation otherwise is not  doing business in such district, and does not employ capital or  own  or  lease  property in such district, or (e) the keeping of books or records  of a corporation in such district if such books or records are not  kept  by employees of such corporation and such corporation does not otherwise  do business, employ capital, own or lease property or maintain an office  in  such  district,  or (f) any combination of the foregoing activities.  Provided,  further,  that  a  railroad,  palace  car  or  sleeping   car  corporation,  navigation, canal, ferry (except a ferry company operating  between any of the boroughs of the  city  of  New  York  under  a  lease  granted  by the city), steamboat, or any other corporation formed for or  principally engaged in the operation of vessels whose only  activity  in  the metropolitan commuter transportation district is (i) the maintenance  of  an  office in such district and for the employing of capital in such  district and (ii) the use  of  property  exclusively  in  interstate  orforeign  commerce,  shall not be subject to the tax surcharge imposed by  this section.    3.  The  term metropolitan commuter transportation district as used in  this section  shall  be  defined  pursuant  to  section  twelve  hundred  sixty-two of the public authorities law.    4.  Notwithstanding any contrary provisions of state or local law, the  tax surcharge imposed under this section  shall  not  be  allowed  as  a  deduction  in  the  computation  of any state or local tax imposed under  this chapter or any chapter  or  local  law.  Furthermore,  the  credits  otherwise  allowable under this article shall not be allowed against the  tax surcharge imposed by this section.    5. The report covering the tax  surcharge  which  must  be  calculated  pursuant to this section based upon the tax reportable on the report due  by  March  fifteenth,  nineteen  hundred  eighty-two  under  section one  hundred eighty-three of this article shall be filed on or  before  March  fifteenth,  nineteen  hundred  eighty-three. The report covering the tax  surcharge which must be calculated pursuant to this section  based  upon  the  tax  reportable  on  the  report  due  by March fifteenth, nineteen  hundred eighty-three under section  one  hundred  eighty-three  of  this  article  shall  be  filed on or before March fifteenth, nineteen hundred  eighty-four. The  report  covering  the  tax  surcharge  which  must  be  calculated pursuant to this section based upon the tax reportable on the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-four under  section one hundred eighty-three of this article shall be  filed  on  or  before   March  fifteenth,  nineteen  hundred  eighty-five.  The  report  covering the tax surcharge which must be  calculated  pursuant  to  this  section  based  upon  the  tax  reportable  on  the  report due by March  fifteenth,  nineteen  hundred  eighty-five  under  section  one  hundred  eighty-three  of  this  article  shall  be  filed  on  or  before  March  fifteenth, nineteen hundred eighty-six.  The  report  covering  the  tax  surcharge  which  must be calculated pursuant to this section based upon  the tax reportable on  the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-six  under  section  one  hundred  eighty-three  of this  article shall be filed on or before March  fifteenth,  nineteen  hundred  eighty-seven.  The  report  covering  the  tax  surcharge  which must be  calculated pursuant to this section based upon the tax reportable on the  report due by  March  fifteenth,  nineteen  hundred  eighty-seven  under  section  one  hundred  eighty-three of this article shall be filed on or  before  March  fifteenth,  nineteen  hundred  eighty-eight.  The  report  covering  the  tax  surcharge  which must be calculated pursuant to this  section based upon the  tax  reportable  on  the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-eight  under  section  one hundred  eighty-three  of  this  article  shall  be  filed  on  or  before  March  fifteenth,  nineteen  hundred  eighty-nine.  The report covering the tax  surcharge which must be calculated pursuant to this section  based  upon  the  tax  reportable  on  the  report  due  by March fifteenth, nineteen  hundred eighty-nine under  section  one  hundred  eighty-three  of  this  article  shall  be  filed on or before March fifteenth, nineteen hundred  ninety. The report covering the tax surcharge which must  be  calculated  pursuant to this section based upon the tax reportable on the report due  by   March   fifteenth  of  any  year  subsequent  to  nineteen  hundred  eighty-nine under section one hundred eighty-three of this article shall  be filed on or before March fifteenth of the year next  succeeding  such  year. An extension pursuant to section one hundred ninety-three shall be  allowed  only  if  a taxpayer files with the commissioner an application  for extension in  such  form  as  said  commissioner  may  prescribe  by  regulation  and pays on or before the date of such filing in addition to  any other amounts required under this article, either ninety percent  ofthe  entire tax surcharge required to be paid under this section for the  applicable period, or not less than  the  tax  surcharge  shown  on  the  taxpayer's  report  for  the  preceding  year,  if  such  preceding year  consisted  of  twelve  months. The tax surcharge imposed by this section  shall be payable to the commissioner in full at the time the  report  is  required  to  be  filed,  and such tax surcharge or the balance thereof,  imposed on any taxpayer which ceases to exercise  its  franchise  or  be  subject to the tax surcharge imposed by this section shall be payable to  the  commissioner  at  the  time  the  report  is  required to be filed,  provided such tax surcharge of a domestic corporation which continues to  possess  its  franchise  shall  be  subject   to   adjustment   as   the  circumstances  may  require;  all  other  tax  surcharges  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. All of  the provisions of this  article  presently  applicable  to  section  one  hundred eighty-three of this article are applicable to the tax surcharge  imposed  by  this  section  except for section one hundred ninety-two of  this article.

State Codes and Statutes

Statutes > New-york > Tax > Article-9 > 183-a

§  183-a. Temporary metropolitan transportation business tax surcharge  on transportation and transmission corporations and associations. 1. The  term "corporation" as used in this section shall include an association,  within the meaning of paragraph  three  of  subsection  (a)  of  section  seventy-seven  hundred  one  of  the  internal revenue code (including a  limited liability company), a publicly traded partnership treated  as  a  corporation  for  purposes  of  the  internal  revenue  code pursuant to  section seventy-seven hundred four thereof and any business conducted by  a trustee or trustees wherein interest  or  ownership  is  evidenced  by  certificates   or   other   written   instruments.   Every  corporation,  joint-stock company or association formed for or principally engaged  in  the conduct of canal, steamboat, ferry (except a ferry company operating  between  any  of  the  boroughs  of  the  city of New York under a lease  granted by the city), express, navigation, pipe line, transfer,  baggage  express,  omnibus,  taxicab, telegraph, or telephone business, or formed  for  or  principally  engaged  in  the  conduct  of  two  or  more  such  businesses,  and  every  corporation, joint-stock company or association  formed for or principally engaged in the conduct of a  railroad,  palace  car,  sleeping  car  or  trucking  business or formed for or principally  engaged in the conduct of two or more of such businesses and  which  has  made  an  election  pursuant  to  subdivision ten of section one hundred  eighty-three of this article, and every other  corporation,  joint-stock  company   or  association  principally  engaged  in  the  conduct  of  a  transportation  or  transmission   business,   except   a   corporation,  joint-stock  company or association formed for or principally engaged in  the conduct of a railroad, palace car, sleeping car or trucking business  or formed for or principally engaged in the conduct of two  or  more  of  such  businesses  and  which  has  not made the election provided for in  subdivision ten of section one hundred eighty-three of this article, and  except a corporation, joint-stock  company  or  association  principally  engaged  in  the  conduct  of aviation (including air freight forwarders  acting as principal  and  like  indirect  air  carriers)  and  except  a  corporation  principally engaged in providing telecommunication services  between aircraft and dispatcher, aircraft and  air  traffic  control  or  ground station and ground station (or any combination of the foregoing),  at  least  ninety  percent  of  the voting stock of which corporation is  owned, directly or indirectly, by air carriers and  which  corporation's  principal  function  is  to  fulfill the requirements of (i) the federal  aviation  administration  (or  the  successor  thereto)  or   (ii)   the  international  civil  aviation  organization (or the successor thereto),  relating to the existence of a communication system between aircraft and  dispatcher, aircraft and air  traffic  control  or  ground  station  and  ground station (or any combination of the foregoing) for the purposes of  air  safety and navigation and except a corporation, joint-stock company  or association which is liable to taxation under article  thirty-two  of  this  chapter,  shall  pay for the privilege of exercising its corporate  franchise, or of doing business, or of employing capital, or  of  owning  or leasing property in the metropolitan commuter transportation district  in  such corporate or organized capacity, or of maintaining an office in  such district, a tax  surcharge  for  all  or  any  part  of  its  years  commencing  on  or  after January first, nineteen hundred eighty-two but  ending before December thirty-first, two thousand  thirteen,  which  tax  surcharge,  in  addition  to  the  tax  imposed  by  section one hundred  eighty-three of this article, shall be computed at the rate of  eighteen  percent  of  the tax imposed under such section one hundred eighty-three  for such years  or  any  part  of  such  years  ending  before  December  thirty-first,  nineteen  hundred eighty-three after the deduction of any  credits otherwise allowable under this  article,  and  at  the  rate  ofseventeen  percent  of the tax imposed under such section for such years  or any part of such years ending  on  or  after  December  thirty-first,  nineteen  hundred  eighty-three  after  the  deduction  of  any  credits  otherwise  allowable  under  this  article; provided, however, that such  rates of tax surcharge shall be applied only to that portion of the  tax  imposed under section one hundred eighty-three of this article after the  deduction of any credits otherwise allowable under this article which is  attributable  to  the taxpayer's business activity carried on within the  metropolitan commuter transportation district as so  determined  in  the  manner  prescribed  by  the  rules  and  regulations  promulgated by the  commissioner; and provided, further, that the tax surcharge  imposed  by  this  section shall not be imposed upon any taxpayer for more than three  hundred seventy-two months.    2. The owning or holding in the metropolitan  commuter  transportation  district  by  a  corporation, or by a trustee or trustees included under  this section within the meaning of the term corporation as  hereinbefore  defined, of property shall constitute doing business in the metropolitan  commuter  transportation  district  within  the meaning of this section;  provided, however, that the owning or holding  in  such  district  by  a  railroad,  palace car or sleeping car corporation, business, navigation,  canal, ferry, (except a ferry  company  operating  between  any  of  the  boroughs  of the city of New York under a lease granted by the city), or  steamboat or any other corporation formed for or principally engaged  in  the  operation of vessels included under this section within the meaning  of the term  corporation  as  hereinbefore  defined,  of  property  used  exclusively in interstate or foreign commerce shall not constitute doing  business  in such district within the intent of this section. However, a  corporation or such trustee or trustees shall not be deemed to be  doing  business,  employing capital, owning or leasing property, or maintaining  an office in the metropolitan commuter transportation district, for  the  purposes  of  this  section,  by  reason  of (a) the maintenance of cash  balances with banks or trust  companies  in  the  metropolitan  commuter  transportation  district,  or  (b)  the  ownership of shares of stock or  securities kept in the metropolitan commuter transportation district, if  kept in a safe deposit box, safe, vault or other receptacle  rented  for  the  purpose, or if pledged as collateral security, or if deposited with  one or more banks or trust companies, or brokers who are  members  of  a  recognized security exchange, in safekeeping or custody accounts, or (c)  the  taking  of  any action by any such bank or trust company or broker,  which is incidental to the rendering of safekeeping or custodian service  to such corporation, or  (d)  the  maintenance  of  an  office  in  such  district by one or more officers or directors of the corporation who are  not  employees  of  the  corporation if the corporation otherwise is not  doing business in such district, and does not employ capital or  own  or  lease  property in such district, or (e) the keeping of books or records  of a corporation in such district if such books or records are not  kept  by employees of such corporation and such corporation does not otherwise  do business, employ capital, own or lease property or maintain an office  in  such  district,  or (f) any combination of the foregoing activities.  Provided,  further,  that  a  railroad,  palace  car  or  sleeping   car  corporation,  navigation, canal, ferry (except a ferry company operating  between any of the boroughs of the  city  of  New  York  under  a  lease  granted  by the city), steamboat, or any other corporation formed for or  principally engaged in the operation of vessels whose only  activity  in  the metropolitan commuter transportation district is (i) the maintenance  of  an  office in such district and for the employing of capital in such  district and (ii) the use  of  property  exclusively  in  interstate  orforeign  commerce,  shall not be subject to the tax surcharge imposed by  this section.    3.  The  term metropolitan commuter transportation district as used in  this section  shall  be  defined  pursuant  to  section  twelve  hundred  sixty-two of the public authorities law.    4.  Notwithstanding any contrary provisions of state or local law, the  tax surcharge imposed under this section  shall  not  be  allowed  as  a  deduction  in  the  computation  of any state or local tax imposed under  this chapter or any chapter  or  local  law.  Furthermore,  the  credits  otherwise  allowable under this article shall not be allowed against the  tax surcharge imposed by this section.    5. The report covering the tax  surcharge  which  must  be  calculated  pursuant to this section based upon the tax reportable on the report due  by  March  fifteenth,  nineteen  hundred  eighty-two  under  section one  hundred eighty-three of this article shall be filed on or  before  March  fifteenth,  nineteen  hundred  eighty-three. The report covering the tax  surcharge which must be calculated pursuant to this section  based  upon  the  tax  reportable  on  the  report  due  by March fifteenth, nineteen  hundred eighty-three under section  one  hundred  eighty-three  of  this  article  shall  be  filed on or before March fifteenth, nineteen hundred  eighty-four. The  report  covering  the  tax  surcharge  which  must  be  calculated pursuant to this section based upon the tax reportable on the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-four under  section one hundred eighty-three of this article shall be  filed  on  or  before   March  fifteenth,  nineteen  hundred  eighty-five.  The  report  covering the tax surcharge which must be  calculated  pursuant  to  this  section  based  upon  the  tax  reportable  on  the  report due by March  fifteenth,  nineteen  hundred  eighty-five  under  section  one  hundred  eighty-three  of  this  article  shall  be  filed  on  or  before  March  fifteenth, nineteen hundred eighty-six.  The  report  covering  the  tax  surcharge  which  must be calculated pursuant to this section based upon  the tax reportable on  the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-six  under  section  one  hundred  eighty-three  of this  article shall be filed on or before March  fifteenth,  nineteen  hundred  eighty-seven.  The  report  covering  the  tax  surcharge  which must be  calculated pursuant to this section based upon the tax reportable on the  report due by  March  fifteenth,  nineteen  hundred  eighty-seven  under  section  one  hundred  eighty-three of this article shall be filed on or  before  March  fifteenth,  nineteen  hundred  eighty-eight.  The  report  covering  the  tax  surcharge  which must be calculated pursuant to this  section based upon the  tax  reportable  on  the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-eight  under  section  one hundred  eighty-three  of  this  article  shall  be  filed  on  or  before  March  fifteenth,  nineteen  hundred  eighty-nine.  The report covering the tax  surcharge which must be calculated pursuant to this section  based  upon  the  tax  reportable  on  the  report  due  by March fifteenth, nineteen  hundred eighty-nine under  section  one  hundred  eighty-three  of  this  article  shall  be  filed on or before March fifteenth, nineteen hundred  ninety. The report covering the tax surcharge which must  be  calculated  pursuant to this section based upon the tax reportable on the report due  by   March   fifteenth  of  any  year  subsequent  to  nineteen  hundred  eighty-nine under section one hundred eighty-three of this article shall  be filed on or before March fifteenth of the year next  succeeding  such  year. An extension pursuant to section one hundred ninety-three shall be  allowed  only  if  a taxpayer files with the commissioner an application  for extension in  such  form  as  said  commissioner  may  prescribe  by  regulation  and pays on or before the date of such filing in addition to  any other amounts required under this article, either ninety percent  ofthe  entire tax surcharge required to be paid under this section for the  applicable period, or not less than  the  tax  surcharge  shown  on  the  taxpayer's  report  for  the  preceding  year,  if  such  preceding year  consisted  of  twelve  months. The tax surcharge imposed by this section  shall be payable to the commissioner in full at the time the  report  is  required  to  be  filed,  and such tax surcharge or the balance thereof,  imposed on any taxpayer which ceases to exercise  its  franchise  or  be  subject to the tax surcharge imposed by this section shall be payable to  the  commissioner  at  the  time  the  report  is  required to be filed,  provided such tax surcharge of a domestic corporation which continues to  possess  its  franchise  shall  be  subject   to   adjustment   as   the  circumstances  may  require;  all  other  tax  surcharges  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. All of  the provisions of this  article  presently  applicable  to  section  one  hundred eighty-three of this article are applicable to the tax surcharge  imposed  by  this  section  except for section one hundred ninety-two of  this article.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-9 > 183-a

§  183-a. Temporary metropolitan transportation business tax surcharge  on transportation and transmission corporations and associations. 1. The  term "corporation" as used in this section shall include an association,  within the meaning of paragraph  three  of  subsection  (a)  of  section  seventy-seven  hundred  one  of  the  internal revenue code (including a  limited liability company), a publicly traded partnership treated  as  a  corporation  for  purposes  of  the  internal  revenue  code pursuant to  section seventy-seven hundred four thereof and any business conducted by  a trustee or trustees wherein interest  or  ownership  is  evidenced  by  certificates   or   other   written   instruments.   Every  corporation,  joint-stock company or association formed for or principally engaged  in  the conduct of canal, steamboat, ferry (except a ferry company operating  between  any  of  the  boroughs  of  the  city of New York under a lease  granted by the city), express, navigation, pipe line, transfer,  baggage  express,  omnibus,  taxicab, telegraph, or telephone business, or formed  for  or  principally  engaged  in  the  conduct  of  two  or  more  such  businesses,  and  every  corporation, joint-stock company or association  formed for or principally engaged in the conduct of a  railroad,  palace  car,  sleeping  car  or  trucking  business or formed for or principally  engaged in the conduct of two or more of such businesses and  which  has  made  an  election  pursuant  to  subdivision ten of section one hundred  eighty-three of this article, and every other  corporation,  joint-stock  company   or  association  principally  engaged  in  the  conduct  of  a  transportation  or  transmission   business,   except   a   corporation,  joint-stock  company or association formed for or principally engaged in  the conduct of a railroad, palace car, sleeping car or trucking business  or formed for or principally engaged in the conduct of two  or  more  of  such  businesses  and  which  has  not made the election provided for in  subdivision ten of section one hundred eighty-three of this article, and  except a corporation, joint-stock  company  or  association  principally  engaged  in  the  conduct  of aviation (including air freight forwarders  acting as principal  and  like  indirect  air  carriers)  and  except  a  corporation  principally engaged in providing telecommunication services  between aircraft and dispatcher, aircraft and  air  traffic  control  or  ground station and ground station (or any combination of the foregoing),  at  least  ninety  percent  of  the voting stock of which corporation is  owned, directly or indirectly, by air carriers and  which  corporation's  principal  function  is  to  fulfill the requirements of (i) the federal  aviation  administration  (or  the  successor  thereto)  or   (ii)   the  international  civil  aviation  organization (or the successor thereto),  relating to the existence of a communication system between aircraft and  dispatcher, aircraft and air  traffic  control  or  ground  station  and  ground station (or any combination of the foregoing) for the purposes of  air  safety and navigation and except a corporation, joint-stock company  or association which is liable to taxation under article  thirty-two  of  this  chapter,  shall  pay for the privilege of exercising its corporate  franchise, or of doing business, or of employing capital, or  of  owning  or leasing property in the metropolitan commuter transportation district  in  such corporate or organized capacity, or of maintaining an office in  such district, a tax  surcharge  for  all  or  any  part  of  its  years  commencing  on  or  after January first, nineteen hundred eighty-two but  ending before December thirty-first, two thousand  thirteen,  which  tax  surcharge,  in  addition  to  the  tax  imposed  by  section one hundred  eighty-three of this article, shall be computed at the rate of  eighteen  percent  of  the tax imposed under such section one hundred eighty-three  for such years  or  any  part  of  such  years  ending  before  December  thirty-first,  nineteen  hundred eighty-three after the deduction of any  credits otherwise allowable under this  article,  and  at  the  rate  ofseventeen  percent  of the tax imposed under such section for such years  or any part of such years ending  on  or  after  December  thirty-first,  nineteen  hundred  eighty-three  after  the  deduction  of  any  credits  otherwise  allowable  under  this  article; provided, however, that such  rates of tax surcharge shall be applied only to that portion of the  tax  imposed under section one hundred eighty-three of this article after the  deduction of any credits otherwise allowable under this article which is  attributable  to  the taxpayer's business activity carried on within the  metropolitan commuter transportation district as so  determined  in  the  manner  prescribed  by  the  rules  and  regulations  promulgated by the  commissioner; and provided, further, that the tax surcharge  imposed  by  this  section shall not be imposed upon any taxpayer for more than three  hundred seventy-two months.    2. The owning or holding in the metropolitan  commuter  transportation  district  by  a  corporation, or by a trustee or trustees included under  this section within the meaning of the term corporation as  hereinbefore  defined, of property shall constitute doing business in the metropolitan  commuter  transportation  district  within  the meaning of this section;  provided, however, that the owning or holding  in  such  district  by  a  railroad,  palace car or sleeping car corporation, business, navigation,  canal, ferry, (except a ferry  company  operating  between  any  of  the  boroughs  of the city of New York under a lease granted by the city), or  steamboat or any other corporation formed for or principally engaged  in  the  operation of vessels included under this section within the meaning  of the term  corporation  as  hereinbefore  defined,  of  property  used  exclusively in interstate or foreign commerce shall not constitute doing  business  in such district within the intent of this section. However, a  corporation or such trustee or trustees shall not be deemed to be  doing  business,  employing capital, owning or leasing property, or maintaining  an office in the metropolitan commuter transportation district, for  the  purposes  of  this  section,  by  reason  of (a) the maintenance of cash  balances with banks or trust  companies  in  the  metropolitan  commuter  transportation  district,  or  (b)  the  ownership of shares of stock or  securities kept in the metropolitan commuter transportation district, if  kept in a safe deposit box, safe, vault or other receptacle  rented  for  the  purpose, or if pledged as collateral security, or if deposited with  one or more banks or trust companies, or brokers who are  members  of  a  recognized security exchange, in safekeeping or custody accounts, or (c)  the  taking  of  any action by any such bank or trust company or broker,  which is incidental to the rendering of safekeeping or custodian service  to such corporation, or  (d)  the  maintenance  of  an  office  in  such  district by one or more officers or directors of the corporation who are  not  employees  of  the  corporation if the corporation otherwise is not  doing business in such district, and does not employ capital or  own  or  lease  property in such district, or (e) the keeping of books or records  of a corporation in such district if such books or records are not  kept  by employees of such corporation and such corporation does not otherwise  do business, employ capital, own or lease property or maintain an office  in  such  district,  or (f) any combination of the foregoing activities.  Provided,  further,  that  a  railroad,  palace  car  or  sleeping   car  corporation,  navigation, canal, ferry (except a ferry company operating  between any of the boroughs of the  city  of  New  York  under  a  lease  granted  by the city), steamboat, or any other corporation formed for or  principally engaged in the operation of vessels whose only  activity  in  the metropolitan commuter transportation district is (i) the maintenance  of  an  office in such district and for the employing of capital in such  district and (ii) the use  of  property  exclusively  in  interstate  orforeign  commerce,  shall not be subject to the tax surcharge imposed by  this section.    3.  The  term metropolitan commuter transportation district as used in  this section  shall  be  defined  pursuant  to  section  twelve  hundred  sixty-two of the public authorities law.    4.  Notwithstanding any contrary provisions of state or local law, the  tax surcharge imposed under this section  shall  not  be  allowed  as  a  deduction  in  the  computation  of any state or local tax imposed under  this chapter or any chapter  or  local  law.  Furthermore,  the  credits  otherwise  allowable under this article shall not be allowed against the  tax surcharge imposed by this section.    5. The report covering the tax  surcharge  which  must  be  calculated  pursuant to this section based upon the tax reportable on the report due  by  March  fifteenth,  nineteen  hundred  eighty-two  under  section one  hundred eighty-three of this article shall be filed on or  before  March  fifteenth,  nineteen  hundred  eighty-three. The report covering the tax  surcharge which must be calculated pursuant to this section  based  upon  the  tax  reportable  on  the  report  due  by March fifteenth, nineteen  hundred eighty-three under section  one  hundred  eighty-three  of  this  article  shall  be  filed on or before March fifteenth, nineteen hundred  eighty-four. The  report  covering  the  tax  surcharge  which  must  be  calculated pursuant to this section based upon the tax reportable on the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-four under  section one hundred eighty-three of this article shall be  filed  on  or  before   March  fifteenth,  nineteen  hundred  eighty-five.  The  report  covering the tax surcharge which must be  calculated  pursuant  to  this  section  based  upon  the  tax  reportable  on  the  report due by March  fifteenth,  nineteen  hundred  eighty-five  under  section  one  hundred  eighty-three  of  this  article  shall  be  filed  on  or  before  March  fifteenth, nineteen hundred eighty-six.  The  report  covering  the  tax  surcharge  which  must be calculated pursuant to this section based upon  the tax reportable on  the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-six  under  section  one  hundred  eighty-three  of this  article shall be filed on or before March  fifteenth,  nineteen  hundred  eighty-seven.  The  report  covering  the  tax  surcharge  which must be  calculated pursuant to this section based upon the tax reportable on the  report due by  March  fifteenth,  nineteen  hundred  eighty-seven  under  section  one  hundred  eighty-three of this article shall be filed on or  before  March  fifteenth,  nineteen  hundred  eighty-eight.  The  report  covering  the  tax  surcharge  which must be calculated pursuant to this  section based upon the  tax  reportable  on  the  report  due  by  March  fifteenth,  nineteen  hundred  eighty-eight  under  section  one hundred  eighty-three  of  this  article  shall  be  filed  on  or  before  March  fifteenth,  nineteen  hundred  eighty-nine.  The report covering the tax  surcharge which must be calculated pursuant to this section  based  upon  the  tax  reportable  on  the  report  due  by March fifteenth, nineteen  hundred eighty-nine under  section  one  hundred  eighty-three  of  this  article  shall  be  filed on or before March fifteenth, nineteen hundred  ninety. The report covering the tax surcharge which must  be  calculated  pursuant to this section based upon the tax reportable on the report due  by   March   fifteenth  of  any  year  subsequent  to  nineteen  hundred  eighty-nine under section one hundred eighty-three of this article shall  be filed on or before March fifteenth of the year next  succeeding  such  year. An extension pursuant to section one hundred ninety-three shall be  allowed  only  if  a taxpayer files with the commissioner an application  for extension in  such  form  as  said  commissioner  may  prescribe  by  regulation  and pays on or before the date of such filing in addition to  any other amounts required under this article, either ninety percent  ofthe  entire tax surcharge required to be paid under this section for the  applicable period, or not less than  the  tax  surcharge  shown  on  the  taxpayer's  report  for  the  preceding  year,  if  such  preceding year  consisted  of  twelve  months. The tax surcharge imposed by this section  shall be payable to the commissioner in full at the time the  report  is  required  to  be  filed,  and such tax surcharge or the balance thereof,  imposed on any taxpayer which ceases to exercise  its  franchise  or  be  subject to the tax surcharge imposed by this section shall be payable to  the  commissioner  at  the  time  the  report  is  required to be filed,  provided such tax surcharge of a domestic corporation which continues to  possess  its  franchise  shall  be  subject   to   adjustment   as   the  circumstances  may  require;  all  other  tax  surcharges  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. All of  the provisions of this  article  presently  applicable  to  section  one  hundred eighty-three of this article are applicable to the tax surcharge  imposed  by  this  section  except for section one hundred ninety-two of  this article.