Tax Law, § 481(1)(a)(i)
The initial 10 percent and the additional one percent per month may not exceed 30 percent in the aggregate. Thus penalty may accrue for a period of 21 months.
Example:
An agent cigarette tax return for January, due February 15th, is filed on June 20th. On audit it is determined that the discrepancy between the stamps required for the period and the stamps used for the period cannot be satisfactorily explained. The amount of tax required to be shown on the return based on an understamping is $200.00, of which $100.00 was paid on June 5th and the balance on June 20th. The penalty imposed is computed as follows:
February 16th through March 15th-$200 at 10%
$20.00
March 16th through April 15th-$200 at 1% 2.00
April 16th through May 15th-$200 at 1% 2.00
May 16th through June 15th-$200 at 1% 2.00
June 16th through June 20th-$100 at 1% 1.00
Total $27.00
Since the return was not filed within 60 days of the due date, the penalty may not be less than the lesser of $100 or 100 percent of $200. Accordingly, a $100 penalty is due.
N.Y. Comp. Codes R. & Regs. Tit. 20 § 78.1