N.Y. Comp. Codes R. & Regs. tit. 20, § 23-1.2
(a) To compute the tax surcharge, the tax computed in Part 18 of this Title, after the deduction of credits allowed pursuant to Part 20 of this Title, is allocated to the MCTD pursuant to section 23-1.3 of this Subpart, and is multiplied by the following applicable rate:
Tax Law, § 1455-B(1)