CHAPTER X.

REPORTS TO BE FILED WITH THE TAX COMMISSION-STATEMENT OF TAX AND Payment THEREOF UNDER ARTICLE 9.

Section 192 of the Tax Law provides for the making of reports by the various classes of corporations hereinbefore referred to, liable to taxation under Article 9 of the Tax Law. It reads as follows:

Reports of corporations.-Corporations liable to pay a tax under this article shall report as follows:

1. CORPORATIONS PAYING FRANCHISE TAX.-Every corporation, association or joint stock company liable to pay a tax under section one hundred and eighty-two of this chapter shall, between first of November and fifteenth of December in each year, make a written report to the tax commission of its condition at the close of its business on October thirty-first preceding, stating the amount of its authorized capital stock, the amount of stock paid in, and date and rate per centum of each dividend declared by it during the year ending with such day, the entire amount of the capital of such corporation, and the capital employed by it in this state during such year. Upon written application the state tax commission may, in its discretion, extend the time in which to make the report, but not beyond the fifteenth day of February succeeding.

2. TRANSPORTATION AND TRANSMISSION CORPORATIONS.-Every transportation or transmission corporation, joint stock company or association liable to pay an additional tax under section one hundred and eighty-four of this chapter, shall also, on or before August first in each year, make a written report to the tax commission of its condition at the close of its business on June thirtieth preceding, stating the amount of its gross earnings from all sources and the amount of its gross earnings from its transportation or transmission business originating and terminating within this state.

3. ELEVATED AND SURFACE RAILROAD CORPORATIONS.-Every corporation, joint stock company or association liable to pay a tax under section one Hundred and eighty-five of this chapter, shall, on or before

August first of each year, make a written report to the tax commission of it's condition at the close of its business on June thirtieth preceding, stating the amount of its gross earnings from business done in this state, the amount of dividends of every nature declared or paid during the year ending June thirtieth, the authorized capital of the company and the amount of capital stock actually issued and outstanding.

4. WATER WORKS, GAS, ELECTRIC, STEAM HEATING, LIGHTING AND POWER CORPORATIONS.-Every corporation, joint stock company or association liable to pay a tax under section one hundred and eighty-six of this chapter, shall, on or before December first of each year, make a written report to the tax commission of its condition at the close of its business on October thirty-first preceding, stating the amount of its gross earnings from business done in this state, the amount of dividends of every nature declared or paid during the year ending with October thirty-first, the authorized capital of the company and the amount of capital stock actually issued and outstanding.

5. INSURANCE CORPORATIONS.-Every insurance corporation liable to pay a tax under section one hundred and eighty-seven of this chapter, shall, on or before March first in each year, make a written report to the tax commission of its condition at the close of its business on December thirty-first preceding, stating the gross amount of all premiums referred to in section one hundred and eighty-seven of this chapter, received during the preceding calendar year on business done thereby in this state during the year ending with such day, and at all times prior thereto, whether the premiums were in money or in the form of notes, credits or other substitutes for money. (Subd. 5, amended by ch. 118, L. 1901, and ch. 94, L. 1905.)

6. FOREIGN BANKERS.-Every foreign banker liable to pay a tax under section one hundred and eighty-eight of this chapter shall, on or before February first in each year, make a written report to the tax commission of the condition of his business on December thirtyfirst preceding, stating the amount of tax for which he is liable under this article, and giving in detail the facts required by the last preceding section for the purpose of ascertaining and computing the same.

7. TRUST COMPANIES.-Every company liable to pay a tax under section one hundred and eighty-eight of this chapter shall on or before August first in each year, make a written report to the tax commission of its condition at the close of business on June thirtieth preceding, separately stating the amount of its capital stock, the amount of its surplus, and the amount of its undivided profits, and containing such other data, information or matter as the tax commis

sion may require. (Added by ch. 132, L. 1901, and re-enacted by ch. 172, L. 1902.)

8. SAVINGS BANKS.-Every savings bank liable to pay a tax under section one hundred and eighty-nine of this chapter, shall on or before August first in each year make a written report to the tax commission of its condition, at the close of business on June thirtieth preceding, stating the par value of its surplus, and undivided earnings and containing such other data, information or matter as the tax commission may require.

9. INVESTMENT COMPANIES.-Every investment company liable to pay a tax under section one hundred and eighty-eight-a of this chapter shall, on or before August first in each year, make a written report to the tax commission of its condition at the close of business on June thirtieth preceding, separately stating the amount of its capital stock, the amount of its surplus, and the amount of its undivided profits, and containing such other data, information or matter as the tax commission may require. (Former sec. 189, Tax Law, added by ch. 117, L. 1901, ch 317, L. 1915, ch. 707, L. 1917.)

Source: Ch. 361 of L. 1881, sec. 1; ch. 361, L. 1881, sec. 5, as amended by ch. 425, L. 1895; ch. 361, L. 1881, sec. 7; ch. 409, L. 1882, sec. 322, as amended by ch. 196, L. 1894; ch. 679, L. 1886, sec. 2. Subds. 7, 8 and 9 of the above section are new.

Recent Amendments.-The amendment of 1915 required the reports to be made to the state tax commission, instead of comptroller. The amendment of 1917 extended the time for making the report.

The time when taxes are payable by the various classes of corporations required to make reports under the various provisions of the foregoing section, is fixed by section 197 (former 194) of the Tax Law (infra).

Prospective character of section 192.-When a corporation organized in February, 1880, made a report under section 192 (formerly 189) in November, 1880, and paid a tax in January, 1881, such report and payment were proper, even though the corporation had not been in existence one year. This construction does not give the act a retroactive effect, as the tax was for the prospective fiscal expenditures for the year commencing October 30, 1880. People v. Spring Valley Hydraulic Gold Co., 92 N. Y. 383 (1883).

The above act is prospective in character. The tax imposed is not for the past but for the future engagements of the franchises. People v. Albany Ins. Co., 92 N. Y. 460 (1883).

Further requirements as to reports of corporations.-Every report required by this article shall have annexed thereto the affidavit of the president, vice-president, secretary or treasurer of the corporation, association or joint stock company or of the person or one of the persons, or the members of the partnership making the same, to the effect that the statements contained therein are true. Such reports shall contain any other data, information or matter which the tax commission may require to be included therein, and he may prescribe the form in which such reports shall be made and the form of oath thereto. When so prescribed such form shall be used in making the report. The commission may require at any time a further or supplemental report under this article, which shall contain information and data upon such matters as the commission may specify. (Sec. 194, former sec. 191, Tax Law, amended ch. 317, L. 1915.)

Source: See source to sec. 192, Tax Law, supra; same references. Recent Amendments.-The amendment of 1915 substitutes commission for comptroller.

Powers of tax commission to examine into affairs of corporation. In case any report required by any of the preceding sections of this article shall be unsatisfactory to the commission, or if any such report is not made as herein required, the commission is authorized to make an estimate of the dividends paid by such corporation and the value of the capital stock employed by it, from any such report or from any other data, and to order and state an account according to the estimate and value so made by it for the taxes, percentage and interest due the state from such corporation, association, joint stock company, person or partnership. The commission shall also have power to examine or cause to be examined in case of a failure to report or in case the report is unsatisfactory to it, the books and records of any such corporation, joint stock association, company, foreign banker, person or partnership, and may hear testimony and take proofs material for its information, either personally and may appoint a commissioner by a written appointment under its official seal for that purpose. Every commissioner so appointed shall be authorized to make such examination and take such testimony and hear such proofs and report the proofs and testimony so taken and the result of his examination so made and the facts found by him to the com

mission. The commission shall, therefrom, or from any other data which shall be satisfactory to it, order and state an account for the tax due the state, together with the expenses of such examination and the taking of such testimony and proofs. Such expenses shall be fixed and adjusted by the commission. (Sec. 195, former sec. 192, Tax Law, amended ch. 317, L. 1915.)

Source: L. 1880, ch. 542, sec. 1, as amended by L. 1881, ch. 361 and secs. 11, 12, 13, as added by L. 1882, ch. 151, and amended by L. 1885, ch. 501, and L. 1894, ch. 562; L. 1882, ch. 409, secs. 322, 323, as amended by L. 1895, ch. 196.

Recent Amendments.-The amendment of 1915 substitutes commission for comptroller.

(This and subsequent sections are more fully treated in a later chapter.)

Comptroller not bound by corporation's report; burden on relator. The comptroller is not bound by the report of the officers of a corporation as to the value of the stock, but may act as an assessor, and fix the value of the capital stock employed within the state of New York, according to information obtained or on his judgment, and his decision will not be disturbed unless clearly shown to be erroneous. People ex rel. Am. Axe & Tool Co. v. Roberts, 82 Hun, 313 (1894), aff'd 147 N. Y. 69.

Evidence of comptroller's dissatisfaction with treasurer's appraisement. The fact that the comptroller makes a new appraisement, and rejects that made by the treasurer of a corporation, is sufficient evidence of dissatisfaction with the company's appraisement. People ex rel. Metropolitan S. Co. v. Kelsey, 101 App. Div. 248 (1905).

Notice of statement of tax; interest.-Upon auditing and stating every account for taxes or other charges under this article, the commission shall forthwith send notice thereof in writing to the person, partnership, company, association or corporation against whom the same is made, which notice may be mailed to the post-office address of such person, partnership, association, company or corporation. All accounts so audited and stated shall bear interest upon the total amount found due thereon to the state, for taxes, percentage, interest and other charges, from the expiration of thirty days after sending