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TR-370-N (2/11) (back)

or before the tax due date. In order to be on time, you must

9. Penalty for failure to enroll

initiate your transaction by:

If you are a mandatory participant and:

• ACH debit – No later than seven business days following the

• you fail to enroll within 20 calendar days of the postmark date

payroll date you are reporting (by 5:59

., eastern time)

P.M

of your Notification of Required Participation, or

• ACH credit – No later than seven business days following the

• you challenge your selection for mandatory participation, it is

payroll date you are reporting

not sustained, and you fail to enroll within 10 calendar days of

• Fedwire – No later than eight business days following the

notification,

payroll date you are reporting

we will assess a $5,000 penalty against you, plus $500 for each

• Certified check – Must be postmarked no later than six

additional month or part of a month that you fail to enroll.

business days following the payroll date you are reporting (or

10. Questions?

two business days prior to the applicable due date)

For answers to your enrollment questions, assistance with the

7. Holidays

Web site, or for additional information, contact the

New York State Tax Law permits you to file on the next business

Tax Department’s EFT Helpline at 1 800 251-2000, 24 hours a

day when the actual due date falls on a Saturday, Sunday, or on

day, seven days a week. To obtain forms or to request written

the following holidays: New Year’s Day, Martin Luther King, Jr.

program information, visit our Web site or contact the Tax

Day, Presidents’ Day, Memorial Day, Independence Day,

Department’s PrompTax Customer Service Center (see

Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day,

Need help?).

and Christmas Day.

8. Exemption from mandatory participation

Need help?

If you believe that you should be exempt from the program, you

must file Form TR-371, PrompTax Withholding Tax Statement of

Exemption from Mandatory Participation, and supporting

Internet access:

documentation including Form NYS-45, as filed for all four

quarters of the previous year to document withholding of less

Telephone assistance is available from 8:30

A.M.

than $100,000. Mail this information within 20 calendar days of

4:30

(eastern time), Monday through Friday.

P.M.

the postmark date of the Notification of Required Participation, to:

PrompTax Customer Service Center:

(518) 457-2332

NYS TAX DEPARTMENT

PROMPTAX WITHHOLDING TAX

W A HARRIMAN CAMPUS

ALBANY NY 12227

or send by fax to (518) 435-2951.

You will receive the Tax Department’s determination within

14 calendar days following receipt of your Form TR-371. You

may also request a conference with the Bureau of Conciliation

and Mediation Services by completing Form CMS-1, Request for

Conciliation Conference, and mailing it to the following address:

BUREAU OF CONCILIATION AND MEDIATION SERVICES

NYS TAX DEPARTMENT

W A HARRIMAN CAMPUS

ALBANY NY 12227

You may also file challenges to your selection for mandatory

participation directly with the Division of Tax Appeals. Access the

Division of Tax Appeals’ Web site at , to obtain

copies of Form TA-10, Petition.

If the Tax Department determines you are not eligible for

exemption on the basis of your previous year’s tax liability, or if

your challenge to the selection for mandatory participation is not

sustained, you must enroll within 10 days of the notification.

Health care providers as described in Public Health Law

Article 28 or Article 36, or in the Mental Hygiene Law Article 16 or

Article 31, are exempt from participation in the program. To

request exemption from the program, complete Form TR-371,

and submit with a copy of your operating certificate to document

health care exempt status. Form TR-371 is available on our Web

site (see Need help?).

Form Tr-370-N - Program Overview Electronic Filing And Payment Program For Withholding Tax (Promptax) - New York State Department Of Taxation And Finance Page 2

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