Tax Law, § 671(a)(3)
The exemption from withholding certificate is not in effect if it has expired, has been revoked by the employee or has been required to be revoked by the employer. If the employee files his New York State personal income tax return on a calendar-year basis, the exemption from withholding certificate expires on the 30th day of April of the next year. If the employee files his New York State personal income tax return on a fiscal-year basis, the exemption from withholding certificate expires on the last day of the fourth month following the close of the taxable year.
An employee incurs New York State income tax liability if his joint or separate New York State personal income tax return shows any New York State income tax before the allowance of any credit for New York State personal income tax withheld. A full-time student is one who meets the requirements of subsection (b) of section 1.151 -3 of the Federal income tax regulations.
An employer shall submit, in accordance with paragraph (2) of this subdivision, a copy of any Certificate of Exemption from Withholding (form IT-2104E), together with a copy of any written statement received from the employee in support of the claims made on the certificate, which is received from the employee during a reporting period, except for the first submission under subparagraph (2)(iii) of this subdivision, if the employee is employed by that employer on the last day of the reporting period and if the employer reasonably expects, at the time the certificate is received, that the employee's wages from that employer shall usually exceed $200 per week.
Reporting period | Due date |
January through March | April 30th |
April through June | July 31st |
July through September | October 31st |
October through December | January 31st |
An employer is also required to submit a copy of any Certificates of Exemption from Withholding (forms IT-2104E) in effect or make the original certificate available for inspection, together with a copy of any written statement received from the employee in support of the claims made on the certificate, upon written request of the Department of Taxation and Finance. This request of the Department of Taxation and Finance may relate either to one or more named employees or to one or more reasonably segregable units of the employer.
N.Y. Comp. Codes R. & Regs. Tit. 20 § 171.8