New York State Postpones Certain Tax Filing and Payment Deadlines for Taxpayers Affected by Hurricane Irene

UPDATED FOR NYS NOTICE N-11-8

On September 7, the NYS Tax Commissioner issued notice N-11-8 announcing that the state will postpone certain tax filing and payment deadlines for taxpayers affected by the storm.

Filing and payment deadlines have been postponed to October 31, 2011 for the period beginning on or after August 26, 2011, and ending before October 31, 2011, for:

• filing any returns or elections, including those for personal income tax, corporate taxes, sales tax, credits, refunds and any assessments or redetermination of deficiencies;
• paying any tax or installment of tax, including installment payments of estimated taxes;
• filing any requests for extensions or additional extensions of time to file.

The relief provisions applies to taxpayers residing in or having their principal
place of business within the counties of Albany, Clinton, Delaware, Dutchess, Essex, Greene, Montgomery, Nassau, Orange, Otsego, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Sullivan, Suffolk, Ulster, Warren, and Westchester.

Relief will also extend to taxpayers directly affected by the storm located in any additional counties in New York State that will be declared disaster areas and eligible for federal tax relief. (The relief will also apply to taxpayers directly affected by the storm in counties in other states that are declared disaster areas and eligible for federal tax relief.)

In addition to the filing and payment relief mentioned above, the Department of Taxation and Finance also announced, within Notice N-11-8, that a one week filing extension to September 22, 2011, has been granted to those preparers who were affected by Hurricane Irene. This relief applies to preparers located in an area under evacuation order or a severe weather warning because of the storm. This one week relief is available regardless of the taxpayer’s location. This filing relief only applies to tax filing deadlines and not payment requirements.

The above includes a brief summary of the NYS provisions. The notices include several exceptions and other requirements for both paper and e-filing. We suggest contacting your Marcum LLP Tax Advisor or review the requirements and other information from the Tax Department Web site (www.tax.ny.gov.) The state has also created a Hot line at (518) 457-5431.