§ 217. Penalties. 1. If any taxes, penalties or interest due under this article are not paid, or any report required is not filed, and the tax commission is satisfied that the failure to make such payment or file such report is intentional, it may so report to the attorney-general, who shall immediately bring an action in the name of the people of the state, for the forfeiture of the charter or franchise of any corporation failing to make such payment, or file such report, and if it be found that such failure was intentional, judgment shall be rendered in such action for the forfeiture of such charter and for its dissolution if a domestic corporation and if a foreign corporation for the annulment of its franchise to do business in this state.

Terms Used In N.Y. Tax Law 217

  • corporation: includes (a) 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), (b) a joint-stock company or association, (c) a publicly traded partnership treated as a corporation for purposes of the internal revenue code pursuant to section seventy-seven hundred four thereof and (d) any business conducted by a trustee or trustees wherein interest or ownership is evidenced by certificate or other written instrument. See N.Y. Tax Law 208
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

2. Whenever any corporation has failed to file an annual report for a period of two consecutive years or has been delinquent in the payment of taxes for any two years duly assessed pursuant to this Article -a of the tax law heretofore in effect, all the authority and powers conferred on the tax commission and the secretary of state by section two hundred three-a of this chapter and all of the provisions of such section shall have full force and effect in respect of and shall be applicable to such corporation.

3. Whenever any foreign corporation has failed to file an annual report or has been delinquent in the payment of taxes duly assessed pursuant to this article for the periods of time specified in subdivision two of this section, all the authority and powers conferred on the tax commission and the secretary of state by section two hundred three-b of this chapter and all of the provisions of such section shall have full force and effect in respect of and shall be applicable to such corporation.

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