(b) (1) A corporation classed as a "taxicab" or "omnibus",

(i) which is organized, incorporated or formed under the laws of any other state, country or sovereignty, and

(ii) which neither owns nor leases property in this state in a corporate or organized capacity, nor

(iii) maintains an office in this state in a corporate or organized capacity, but

(iv) which is doing business or employing capital in this state by conducting at least one but fewer than twelve trips into this state during the calendar year, shall annually pay a tax equal to fifteen dollars for each trip conducted into this state. If the only property a corporation owns or leases in this state is a vehicle or vehicles used to conduct trips, it shall not be considered, for purposes of clause (ii) of this subparagraph, to be owning or leasing property in this state.

(2) The commissioner of taxation and finance may prescribe such forms as he may deem necessary to report such tax in a simplified manner.

(3) For purposes of this subdivision, a corporation classed as a "taxicab" or "omnibus" shall be considered to be conducting a trip into New York state when one of its vehicles enters New York state and transports passengers to, from, or to and from a location in New York state. A corporation shall not be considered to be conducting a trip into New York state if its vehicle only makes incidental stops at locations in the state while in transit from a location outside New York state to another location outside New York state. The number of trips a corporation conducts into New York state shall be calculated by determining the number of trips each vehicle owned, leased or operated by the corporation conducts into New York state and adding those numbers together.

(4) Provided, however, that the provisions of this paragraph shall not apply to any corporation which does not file its franchise tax report in a timely manner (determined with regard to any extension of time for filing). 3. Any corporation, joint-stock company or association formed for or principally engaged in the conduct of subway railroad, elevated railroad, or surface railroad not operated by steam, business, whose property is leased to another railroad corporation, shall only be required under this section to pay an annual tax at the rate of four and one-half per centum upon the dividends paid during the year ending on the thirty-first day of December in excess of four per centum upon the amount of its capital stock, provided, however, that for the year ending on the thirty-first day of December nineteen hundred seventy-six, as described in subdivision two of section one hundred ninety-two of this chapter, the tax shall be paid upon dividends paid during the months of July through December of such year in excess of two per centum upon the amount of its capital stock, except that where the property leased is operated by a receiver and the gross earnings are not included with the gross earnings of the lessee for the purposes of taxation under this section, then such receiver shall be required to pay the tax upon gross earnings as hereinbefore provided. 4. Allocation of gross earnings from transportation and transmission services.--(a) General. A transportation or transmission corporation shall determine its gross earnings from transportation and transmission services within this state (except as otherwise provided for in this subdivision) by multiplying its gross earnings from transportation and transmission within and without the state by a fraction, the numerator of which is the taxpayer's mileage within this state and the denominator of which is the taxpayer's mileage within and without this state during the period covered by the report or reports required by this chapter.

(b) Corporations engaged in the operation of vessels. A corporation principally engaged in the operation of vessels shall determine its gross earnings from transportation services within this state during the period covered by the report or reports required by this chapter by multiplying its gross earnings from transportation services within and without this state by a percentage which represents the ratio of the aggregate number of working days of the vessels it owns or leases in all navigable lakes, rivers, streams and waters within this state and in New York territorial waters to the aggregate number of working days of all the vessels it owns or leases during such period.

(c) Telephone and telegraph corporations. A telephone or telegraph corporation shall determine its gross earnings from transmission services within this state during the period covered by the report or reports required by this chapter by totaling its gross operating revenue from transmission services performed wholly within this state plus the portion of revenue from interstate and foreign transmission service attributable to this state during such report period.

(d) All other gross earnings, if any, shall be allocated to this state in the manner prescribed by rules and regulations promulgated by the tax commission.

(e) With respect to other types of transportation and transmission corporations or where the tax commission decides that with respect to a certain corporation the method prescribed above does not fairly and equitably reflect gross earnings from all sources within this state, the tax commission shall prescribe methods of allocation or apportionment which fairly and equitably reflect gross earnings from all sources within this state. Also, the tax commission may, in order to properly reflect gross earnings, determine the report period in which any item of gross earnings shall be included without regard to the method of accounting employed by a corporation taxable hereunder. 7-a. A railroad, palace car or sleeping car corporation, navigation, canal, ferry (except a ferry company operating between any of the boroughs of the city of New York under a lease granted by the city), steamboat, or any other corporation formed for or principally engaged in the operation of vessels whose only activity in this state is (i) the maintenance of an office in this state and for the employing of capital in this state and (ii) the use of property exclusively in interstate or foreign commerce, shall not be subject to the tax imposed by this section.