New York Laws
Article 2-D - City Personal Income Tax on Residents
25-A-65 - Additions to Tax and Civil Penalties.

(b) Deficiency due to negligence.--If any part of a deficiency is due
to negligence or intentional disregard of this local law or rules or
regulations hereunder (but without intent to defraud), there shall be
added to the tax an amount equal to five per cent of the deficiency.
(c) Failure to file declaration or underpayment of estimated tax.--If
any taxpayer fails to file a declaration of estimated tax or fails to
pay all or any part of an installment of estimated tax, he shall be
deemed to have made an underpayment of estimated tax. There shall be
added to the tax for the taxable year an amount at the rate of six per
centum per annum upon the amount of the underpayment for the period of
the underpayment but not beyond the fifteenth day of the fourth month
following the close of the taxable year. The amount of underpayment
shall be the excess of the amount of the installment which would be
required to be paid if the estimated tax were equal to seventy per cent
of the tax (two-thirds of the tax for farmers referred to in subdivision
(e) of section thirty-five) shown on the return for the taxable year (or
if no return was filed, of the tax for such year) over the amount, if
any, of the installment paid on or before the last day prescribed for
such payment. No underpayment shall be deemed to exist with respect to a
declaration or installment otherwise due on or after the taxpayer's
death.
(d) Exception to addition for underpayment of estimated tax.--The
addition to tax under subdivision (c) with respect to any underpayment
of any installment shall not be imposed if the total amount of all
payments of estimated tax made on or before the last date prescribed for
the payment of such installment equals or exceeds whichever of the
following is the lesser--
(1) The amount which would have been required to be paid on or before
such date if the estimated tax were whichever of the following is the
least--
(A) The tax shown on the return of the individual for the preceding
taxable year, if a return showing a liability for tax was filed by the
individual for the preceding taxable year and such preceding year was a
taxable year of twelve months, or
(B) An amount equal to the tax computed, at the rates applicable to
the taxable year, on the basis of the taxpayer's status with respect to
personal exemptions for the taxable year, but otherwise on the basis of
the facts shown on his return for, and the law applicable to, the
preceding taxable year, or
(C) An amount equal to seventy per cent of the tax for the taxable
year (two-thirds of the tax for farmers referred to in subdivision (e)
of section thirty-five) computed by placing on an annualized basis the
taxable income for the months in the taxable year ending before the
month in which the installment is required to be paid. For purposes of

this subparagraph, the taxable income shall be placed on an annualized
basis by--
(i) multiplying by twelve (or, in the case of a taxable year of less
than twelve months, the number of months in the taxable year) the
taxable income (computed without deduction for personal exemptions) for
the months in the taxable year ending before the month in which the
installment is required to be paid,
(ii) dividing the resulting amount by the number of months in the
taxable year ending before the month in which such installment date
falls, and
(iii) deducting from such amount the deductions for personal
exemptions allowable for the taxable year (such personal exemptions
being determined as of the last date prescribed for payment of the
installment); or
(2) An amount equal to ninety per cent of the tax computed, at the
rates applicable to the taxable year, on the basis of the actual taxable
income for the months in the taxable year ending before the month in
which the installment is required to be paid.
For the purposes of this subdivision the amounts specified in
subparagraphs (B) and (C) of paragraph (1) and in paragraph (2) shall be
computed without regard to any increase in the rates applicable to the
taxable year unless such increase was enacted at least thirty days prior
to the time a declaration or amended declaration of estimated tax is
required to be filed for such taxable year.
(e) Deficiency due to fraud.--If any part of a deficiency is due to
fraud, there shall be added to the tax an amount equal to fifty per cent
of the deficiency. This amount shall be in lieu of any other addition to
tax imposed by subdivision (a) or (b).
(f) Non-willful failure to pay withholding tax.--If any employer,
without intent to evade or defeat any tax imposed by this local law or
the payment thereof, shall fail to make a return and pay a tax withheld
by him at the time required by or under the provisions of section
fifty-four, such employer shall be liable for such tax and shall pay the
same together with interest thereon and the addition to tax provided in
subdivision (a), and such interest and addition to tax shall not be
charged to or collected from the employee by the employer. The
administrator shall have the same rights and powers for the collection
of such tax, interest and addition to tax against such employer as are
now prescribed by this title for the collection of tax against an
individual taxpayer.
(g) Willful failure to collect and pay over tax.--Any person required
to collect, truthfully account for, and pay over the tax imposed by this
local law who willfully fails to collect such tax or truthfully account
for and pay over such tax or willfully attempts in any manner to evade
or defeat the tax or the payment thereof, shall, in addition to other
penalties provided by law, be liable to a penalty equal to the total
amount of the tax evaded, or not collected, or not accounted for and
paid over. No addition to tax under subdivisions (b) or (e) shall be
imposed for any offense to which this subdivision applies.
(h) Failure to file certain information returns.--In case of each
failure to file a statement of a payment to another person, required
under authority of subdivision (c) of section thirty-eight (relating to
information at source, including the duplicate statement of tax withheld
on wages) on the date prescribed therefor (determined with regard to any
extension of time for filing), unless it is shown that such failure is
due to reasonable cause and not to willful neglect, there shall, upon
notice and demand by the administrator and in the same manner as tax, be
paid by the person so failing to file the statement, a penalty of one

dollar for each statement not so filed, but the total amount imposed on
the delinquent person for all such failures during any calendar year
shall not exceed one thousand dollars.
(i) Additional penalty.--Any person who with fraudulent intent shall
fail to pay, or to deduct or withhold and pay, any tax, or to make,
render, sign or certify any return or declaration of estimated tax, or
to supply any information within the time required by or under this
local law, shall be liable to a penalty of not more than one thousand
dollars, in addition to any other amounts required under this local law,
to be imposed, assessed and collected by the administrator. The
administrator shall have the power, in his discretion, to waive, reduce
or compromise any penalty under this subdivision.
(j) Additions treated as tax.--The additions to tax and penalties
provided by this section shall be paid upon notice and demand and shall
be assessed, collected and paid in the same manner as taxes, and any
reference in this local law to income tax or tax imposed by this local
law, shall be deemed also to refer to the additions to tax and penalties
provided by this section. For purposes of section sixty-one, this
subdivision shall not apply to--
(1) any addition to tax under subdivision (a) except as to that
portion attributable to a deficiency;
(2) any addition to tax under subdivision (c); and
(3) any additional penalty under subdivision (i).
(k) Determination of deficiency.--For purposes of subdivisions (b) and
(e), the amount shown as the tax by the taxpayer upon his return shall
be taken into account in determining the amount of the deficiency only
if such return was filed on or before the last day prescribed for the
filing of such return, determined with regard to any extension of time
for such filing.
(l) Person defined.--For purposes of subdivisions (g) and (i), the
term "person" includes an individual, corporation or partnership or an
officer or employee of any corporation (including a dissolved
corporation), or a member or employee of any partnership, who as such
officer, employee, or member is under a duty to perform the act in
respect of which the violation occurs.

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