Instructions for Form NYC-2 Business Corporation Tax Return for fiscal years beginning in 2022 or for calendar year 2022 Highlights of Recent Tax Law Changes for Business Corporations l Section 7 of Chapter 555 of the Laws of 2022 amended section 11-653 of the of the Administrative Code of the City of New York (the “Ad. Code”), adopting economic nexus provisions for New York City. For taxable years beginning on or after January 1, 2022, a cor- poration will be subject to the Business Corporation Tax if it derives $1 million or more of receipts from activity in New York City. A corporation that does not have $1 million of receipts, but derives at least $10,000 of receipts from activity in the City and is part of a unitary group of corporations that meets the ownership test under Ad. Code section 11-654.3, will be subject to the tax if the aggre- gate receipts of all members of such unitary group that derive at least $10,000 of receipts from activity in the City, is $1 million. Ad- ditionally, a corporation that is a credit card issuer that does not meet any of the thresholds set out in section 11-653(1)(c), but that has at least 10 customers, or locations, or customers and locations, as described in section 11-653(1)(c), and is part of a unitary group of corporations that meets the ownership test under section 11-654.3, will be subject to the tax if the aggregate number of customers, or locations, or customers and locations of all members of such unitary group that have at least 10 customers, or locations, or customers and locations, meets any of the threshold requirements set out in section 11-653(1)(c). l Pursuant to Administrative Code section 11-654.3(3), a corporation may elect to treat all corporations that meet the ownership re- quirements of section 11-654.3(2)(a) (“commonly owned group”) as its combined group whether or not such corporations are en- gaged in a unitary business. Once made, the election is irrevocable for the year in which it was made and the subsequent six tax years. After such time, the election will automatically renew for another period of 7 tax years, unless revoked by the designated agent of the group on an original timely filed return for the first taxable year after the completion of the seven year period for which the election was in effect. Tax year 2022 is the first tax year in which a revocation of the commonly owned group election can be made, for those taxpayers that made such election in tax year 2015. See Revocation of the Commonly Owned Group Election instructions. l Section 5 of Chapter 555 of the Laws of 2022 added a new subparagraph 17 to Administrative Code section 11-652(8)(a), which ex- cludes from entire net income (i.e., taxable business income) the amount of any grant received through either the COVID-19 Pandemic Small Business Recovery Grant program pursuant to section 16-ff of the New York State Urban Development Corporation Act or the New York City Small Business Resilience Grant program administered by the New York City Department of Small Business Services to the extent the amount of either such grant is included in federal taxable income. l For details on the proper reporting of income and expenses addressed in the federal Tax Cuts and Jobs Act of 2017, such as manda- tory deemed repatriation income, foreign-derived intangible income (FDII), global intangible low-taxed income (GILTI), please refer to Finance Memorandum 18-9. For information about the IRC section 163(j) limitation on the business interest expense deduction, please refer to Finance Memorandum 18-11. l In general, for tax years beginning in or after 2018, taxpayers who allocate business income and business capital inside and outside New York City must do so using their receipts factor (i.e. the percentage of all receipts that are from sources inside New York City). See Ad- ministrative Code sections 11-654(3)(a)(10)(x) and 11-654.2. However, a taxpayer with NYC receipts of $50,000,000 or less who al- locates business income and business capital may make a one-time election to allocate business income and business capital using the three-factor weighted formula applicable to the 2017 tax year. See Administrative Code section 11-654(3)(a)(10)(xii). GENERAL INFORMATION amended (collectively, “S Corpora- ited circumstances, an S corporation may tions”). S Corporations are subject to tax be permitted or required to file a com- Subchapter 3-A of Chapter 6 of Title 11 under the GCT and Banking Corporation bined return (Form NYC-3A for GCT or of the Administrative Code of the City of Tax. Corporations subject to Subchapter Form NYC-1A for Bank Tax, whichever New York (the “Ad. Code”) applies to tax 3-A, Business Corporation Tax, must file is applicable). See, e.g., Finance Memo- years starting on or after January 1, 2015. this form unless they are required or per- randum 99-3 for information regarding This subchapter applies to corporations mitted to file as members of a combined the treatment of qualified subchapter S that were previously subject to the Gen- group (Form NYC-2A). subsidiaries. For additional requirements eral Corporation Tax (“GCT”), Subchap- see the instructions to those forms. An S ter 2 of Chapter 6 of Title 11 of the Code, S CORPORATIONS Corporation may not file this return. and the Banking Corporation Tax, Sub- If subject to GCT, an S-Corp must file a chapter 3 of Title 11 of the Code, except GCT return (generally Form NYC-4S, CORPORATION DEFINED that it does not apply to any corporation Form NYC-4S-EZ or Form NYC-3L). If Any entity that is an association taxable that is an S corporation, or qualified sub- subject to Bank Tax, an S-Corp must file as a corporation for federal income tax chapter S subsidiary, under subchapter S a Banking Corporation Tax return (gen- purposes pursuant to IRC §7701(a)(3) is of the Internal Revenue Code of 1986, as erally Form NYC-1). Under certain lim- treated as a corporation for City tax pur- |
Instructions for Form NYC-2 - 2022 Page 2 poses including an unincorporated entity those contracts equals one thousand or WIRELESS TELECOMMUNICA- that elects to be taxable as a corporation. more locations in the city to whom the TIONS SERVICE PROVIDERS. En- Unincorporated entities that are taxable corporation remitted payment for credit tities who receive eighty percent or under the Business Corporation Tax are card transactions during the taxable year, more of their gross receipts from not subject to the Unincorporated Busi- or (3) the sum of the number of customers charges for the provision of mobile ness Tax. Eligible entities having a single described in (1) plus the number of loca- telecommunications services to cus- owner disregarded as a separate entity tions covered by its contracts describe in tomers will be taxed as if they were under the “check-the-box” rules and (2) equal one thousand or more. regulated utilities for purposes of the treated as either a sole proprietorship or a New York City Utility Tax, General branch for federal tax purposes will be Corporate Partners Corporation Tax and Business Corpo- similarly treated for City tax purposes. • If a partnership is doing business, em- ration Tax. Thus, such entities will be See Finance Memorandum 99-1 for ad- ploying capital, owning or leasing subject to only the New York City ditional information. property, or maintaining an office, or Utility Tax. The amount of gross in- deriving receipts from activity, in come subject to tax has been rede- Corporations required to file Form New York City, then a corporation fined to conform to the Federal NYC-2. that is a general partner in that part- Mobile Telecommunications Sourc- Corporations, other than S corporations, nership is subject to tax and must file ing Act of 2000. In addition, partners doing business, employing capital, own- Form NYC-2. in any such entity will not be subject ing or leasing property, maintaining an of- to General Corporation Tax or Busi- fice, or deriving receipts from activity, in • If a partnership is doing business, em- ness Corporation Tax on their distrib- the City are required to file Form NYC-2. ploying capital, owning or leasing utive share of the income of any such A corporation is considered to be deriv- property maintaining an office, or de- entity. ing receipts in the City if it has receipts riving receipts from activity, in New within New York City of $1 million or York City, then a corporation that is a d) A limited profit housing corporation more in a tax year. “Receipts” means the limited partner of that partnership organized and operating pursuant to receipts that are subject to the allocation may be subject to tax pursuant to the the provisions of Article Two of the rules under Ad. Code section 11-654.2, regulations promulgated by the Com- Private Housing Finance Law and the term “receipts within the City” missioner of Finance. means the receipts included in the numer- e) Insurance corporations ator of the receipts fraction determined The following are NOT required to file under Ad. Code section 11-654.2. Also, a Business Corporation Tax Return f) A Housing Development Fund Com- receipts from processing credit card trans- (Form NYC-2): pany (HDFC) organized and operat- actions for merchants include merchant ing pursuant to the provisions of discount fees received by the corporation. a) A dormant corporation that did not at Article 11 of the Private Housing Fi- any time during its taxable year en- nance Law Pursuant to section 21 of Chapter 201 of gage in any activity or hold title to real the Laws of 2009, for tax years beginning property located in New York City g) Organizations organized exclusively on or after January 1, 2011, the Banking for the purpose of holding title to Corporation Tax was amended to provide b) A nonstock corporation, organized property as described in Sections criteria by which banking corporations, and operated exclusively for nonprofit 501(c)(2) or (25) of the Internal Rev- engaged in the business of credit card purposes and not engaged in substan- enue Code transactions and not otherwise doing busi- tial commercial activities, that has ness in New York City, would be subject been granted an exemption by the De- h) An entity treated as a Real Estate to tax if they met certain criteria, regard- partment of Finance Mortgage Investment Conduit ing credit card customers or merchant (REMIC) for federal income tax pur- customer contracts in the City. Some of c) Corporations subject to taxation under poses. (Holders of interests in a these criteria were carried over and incor- Chapter 11, Title 11 (Utility Corpora- REMIC remain taxable on such inter- porated into the Business Corporation tions) of the NYC Administrative ests or on the income thereon.) Tax. Pursuant to these criteria, a corpo- Code are not required to file Business ration is doing business in the city if (1) it Corporation Tax returns. However, i) Corporations principally engaged in has issued credit cards (bank, credit travel corporations that are subject to tax the conduct of a ferry business and and entertainment) to one thousand or under Chapter 11 as vendors of utility operating between any of the bor- more customers who have a mailing ad- services are subject to the Business oughs of the City under a lease dress in the city as of the last day of its Corporation Tax in accordance with granted by the City taxable year and (2) it has merchant cus- section 11-653.4 of the Code and tomer contracts with merchants and the must file a return. j) A corporation principally engaged in total number of locations covered by the conduct of an aviation, steamboat, |
Instructions for Form NYC-2 - 2022 Page 3 ferry or navigation business, or two acterized as a corporation under the or maintain an office in the city; or or more such businesses, provided General Corporation Tax, will also that all of the capital stock of the cor- not be a corporation under the Busi- • Any combination of the activities poration is owned by a municipal cor- ness Corporation Tax (Subchapter 3- listed above. poration of New York A) unless and until it revokes its election. WHEN AND WHERE TO FILE k) Corporations principally engaged in The due date for filing is on or before April the operation of marine vessels whose NOTE: A corporation that has an offi- 18, 2022 or, for fiscal year taxpayers, on or activities in the City are limited ex- cer, employee, agent or representative in before the 15th day of the 4th month fol- clusively to the use of property in in- the City and that is not subject to the lowing the close of the fiscal year. terstate or foreign commerce Business Corporation Tax is not required to file a Form NYC-2 but must file a Special short-period returns: If this is l) Foreign corporations that are exempt Form NYC-245 (Section 11-655 of the NOT a final return and your federal re- under the provisions of Public Law NYC Administrative Code). turn covered a period of less than 12 86- 272. months as a result of your joining or leav- A corporation shall not be deemed to be ing a federal consolidated group or as a m) Alien Corporations—An alien corpo- doing business, employing capital, own- result of a federal IRC §338 election, this ration (a corporation organized under ing or leasing property, maintaining an return generally will be due on the due the laws of a country, or any political office, or deriving receipts from activity, date for the federal return and not on the subdivision thereof, other than the in the city by reason of: date noted above. United States, or organized under the laws of a possession, territory or • The maintenance of cash balances Mail all returns, except refund returns: commonwealth of the United States) with banks or trust companies in the is not deemed to be doing business, city; NYC Department of Finance employing capital, owning or leasing P.O. Box 5564 property, maintaining an office, or de- • The ownership of shares of stock or Binghamton, NY 13902-5564 riving receipts from activity, in the securities kept in the city if kept in a city if the activities in the city are lim- safe deposit box, safe, vault, or other Remittances – Pay online with Form ited to: receptacle rented for the purpose, of NYC- 200V at nyc.gov/eservices, or if pledged as collateral security, or if • investing or trading in stocks and deposited with one or more banks or Mail payment and Form NYC-200V only to: securities for its own account trust companies, or with brokers who within the meaning of IRC are members of a recognized security NYC Department of Finance §864(b)(2)(A)(ii); exchange, in safekeeping or custody P.O. Box 3933 accounts; New York, NY 10008-3933 • investing or trading in commodities Mail returns claiming refunds: for its own account within the mean- • The taking of any action by any such ing of IRC §864(b)(2)(B)(ii); or bank or trust company or broker, NYC Department of Finance which is incidental to the rendering of P.O. Box 5563 • any combination of these activi- safekeeping or custodian service to Binghamton, NY 13902-5563 ties. See Ad. Code §11-653(2-a). the corporation; AUTOMATIC EXTENSIONS An alien corporation that under any • The maintenance of an office in this An automatic extension of six months for provision of the IRC is not treated as city by one or more officers or direc- filing this return will be allowed if, by the a domestic corporation as defined tors of the corporation who are not original due date, the taxpayer files with the under IRC section 7701 and has no employees of the corporation if the Department of Finance an application for effectively connected income for the corporation otherwise is not doing automatic extension on Form NYC-EXT tax year is not subject to tax pursuant business in the city, and does not em- and pays the amount properly estimated as to clause three of the opening para- ploy capital or own or lease property its tax. See the instructions for Form NYC- graph of Ad. Code §11-652(8). in the city; EXT for information regarding what con- stitutes a proper estimated tax for this n) An entity that would otherwise meet • The keeping of books or records of a purpose. Failure to pay a proper estimated the definition of a corporation but corporation in the city if such books amount will result in a denial of the exten- that was subject to the Unincorpo- and records are not kept by employ- sion. A taxpayer with a valid six-month au- rated Business Tax (“UBT”) for its ees of the corporation and the corpo- tomatic extension filed on Form NYC-EXT taxable year beginning in 1995 and ration does not otherwise do business, may request up to two additional three- that made an election not to be char- employ capital, own or lease property, month extensions by filing Form NYC- |
Instructions for Form NYC-2 - 2022 Page 4 EXT.1. A separate Form NYC-EXT.1 must ported on Form NYC-3360 or Form For more information on federal or state be filed for each additional three-month ex- NYC-3360B. Instead, taxpayers must re- Tax Base Changes, including a more ex- tension. Forms NYC-EXT and EXT.1 may port these federal or state changes to tax- pansive explanation of how taxpayers be submitted electronically via the Depart- able income or other tax base by filing an must report these changes as well as sam- ment’s Website or mailed to the address in- amended return. This amended return ple tax worksheets to be included within dicated on those forms. must include a tax worksheet that identi- the amended return, see Finance Memo- fies each change to the tax base (“Tax randum 17-5, “Reporting Federal or FINAL RETURNS Base Change”) and shows how each such State Changes”, revised and dated Octo- If a corporation ceases to do business in Tax Base Change affects the taxpayer’s ber 10, 2018. New York City, the due date for filing a calculation of its New York City tax. A final Business Corporation Tax Return is template for the tax worksheet is available ACCESSING NYC TAX FORMS the 15th day after the date of the cessa- on the DOF website at nyc.gov/finance. By Computer - Download forms from the tion (Ad. Code Section 11- 655). Corpo- This amended return must also include a Finance website at nyc.gov/finance rations may apply for an automatic copy of the IRS and/or DTF final deter- six-month extension for filing a final re- mination, waiver, or notice of carryback By Phone - Order forms by calling 311. If turn by filing Form NYC-EXT, Applica- allowance. Taxpayers that have federal calling from outside of the five NYC bor- tion for Automatic 6- Month Extension and state Tax Base Changes for the same oughs, please call 212-NEW-YORK of Time to File Business Income Tax Re- tax period may report these changes on (212- 639-9675). turn on or before that date. Any tax due the same amended return that includes must be paid with the final return or the separate tax worksheets for the IRS Tax OTHER FORMS YOU MAY BE RE- extension, whichever is filed earlier. Base Changes and the DTF Tax Base QUIRED TO FILE Changes. Note that for taxable years be- AMENDED RETURNS ginning on or after January 1, 2015, DTF FORM NYC-2.1 - Investment and Other If you are filing an amended return for Tax Base Changes may include changes Exempt Income and Investment Capital, any purpose, mark an X in the Amended that affect income or capital allocation. must be filed by a corporation that has in- return box on page 1 of the return. vestment capital (Ad. Code section 11- The Amended Return checkbox on the 651(4)), investment income (Ad. Code If you file an amended federal or state re- return is to be used for reporting an IRS section 11-651(5)), or other exempt income turn, you must file an amended New York or DTF Tax Base Changes, with the ap- (Ad. Code section 11-651(5-a). City return within 90 days (or 120 days propriate box for the agency making the if filing an amended combined return Tax Base Changes also checked. Tax- FORM NYC-2.2 - Subtraction Modifi- thereafter). payers must file an amended return for cation for Qualified Banks and Other Tax Base Changes within 90 days (120 Qualified Lenders, must be filed to utilize You must file using the correct year’s re- days for taxpayers filing a combined re- the subtraction modification for qualified turn for the tax year being amended. Do port) after (i) a final determination on the residential loan portfolios (Ad. Code sec- not use the most current year’s return if part of the IRS or DTF, (ii) the signing of tion 11-652(8)(s)), the subtraction modifi- the current year is not the year being a waiver under IRC §6312(d) or NY Tax cation for community banks and small amended. If you file on the wrong year’s Law §1081(f), or (iii) the IRS has al- thrifts (Ad. Code section 11-652(8)(q)), the return, it may cause the amended return lowed a tentative adjustment based on a subtraction modification for community to be rejected, or may cause a delay in re- an NOL carryback or a net capital loss banks and small thrifts with a captive real ceiving any tax benefits being claimed. carryback. estate investment trust (REIT) (Ad. Code section 11-652(8)(r)) or the subtraction The Business Corporation Tax is effec- If the taxpayer believes that any Tax Base modification for qualified affordable hous- tive January 1, 2015 and does not apply Change is erroneous or should not apply ing and low income community loans (Ad. to any tax return filed for a tax year com- to its City tax calculation, it should not in- Code section 11-652(8)(t)). mencing prior to January 1, 2015. corporate that Tax Base Change into its City tax calculation on its amended return. FORM NYC-2.3 - Prior Net Operating FOR AMENDED RETURNS BASED However, the taxpayer must attach: (i) a Loss Conversion (PNOLC Subtrac- ON CHANGES TO FEDERAL OR statement to its report that explains why it tion), must be filed to calculate and utilize STATE TAXABLE INCOME OR believes the adjustment is erroneous or in- the PNOLC subtraction and carryforward OTHER TAX BASE applicable; (ii) the explanatory tax work- (Ad. Code section 11-654.1(2)). This form For taxable years beginning on or after sheet that identifies each Tax Base Change must be filed for every tax year that you January 1, 2015, changes in taxable in- and shows how each would affect its City carry a balance of a PNOLC subtraction, come or other tax base made by the Inter- tax calculation; and (iii) a copy of the IRS even if you are unable to utilize the sub- nal Revenue Service (“IRS”) and /or New and/or DTF final determination, waiver, or traction in a given year. York State Department of Taxation and notice of carryback allowance. Finance (“DTF”) will no longer be re- FORM NYC-2.4 - Net Operating Loss Deduction (NOLD). Must be filed to cal- |
Instructions for Form NYC-2 - 2022 Page 5 culate and utilize the NOLD and carry- FORM NYC-399Z - Depreciation Ad- tion Application for Tentative Refund, forward (Ad. Code section 11-654.1(3)). justments for Certain Post 9/10/01 Prop- or federal Form 1120X, Amended This form must be filed with the amended erty may have to be filed by taxpayers U.S. Corporation Income Tax Return; return when the carryback of a post cor- claiming depreciation deductions for cer- porate tax reform net operating loss tain sport utility vehicles or "qualified • A copy of the New York City return (NOL) is claimed. NOLs from tax years property," other than "qualified New previously filed with New York City that begin on or after January 1, 2015, York Liberty Zone property," "qualified for the loss year; cannot be carried back to tax years that New York Liberty Zone leasehold im- • Proof of federal refund approval, State- began before January 1, 2015. provements" and “qualified resurgence ment of Adjustment to your Account. zone property” placed in service after FORM NYC-2.5 - Computation of Re- September 10, 2001, for federal or New OVERVIEW OF BUSINESS ceipts Factor—must be filed by any cor- York State tax purposes. See Finance CORPORATION TAX poration claiming less than a 100% Memorandum 22-1, “Application of IRC business allocation percentage to NYC. §280F Limits to Sports Utility Vehicles.” Tax Bases and Rates Under the Business Corporation Tax, the FORM NYC-EXT - Application For FORM NYC-400 - Declaration of Esti- business income base is the primary tax Automatic 6-Month Extension of Time to mated Tax by Business Corporations and base, with the business capital and fixed File Business Income Tax Return. File it Subchapter S General Corporations must dollar minimum tax bases as alternatives. on or before the due date of the return. be filed by any corporation whose New For more on the tax rate applicable to the York City tax liability can reasonably be business income base, see Schedule H FORM NYC-EXT.1 - Application for expected to exceed $1,000 for any calen- and accompanying instructions. Additional Extension is a request for an dar or fiscal tax year. additional three months of time to file a Tax on Business Income return. A corporation with a valid six- FORM NYC-CR-A - Commercial Rent The tax on the business income base is month extension is limited to two addi- Tax Annual Return must be filed by computed on Schedule B. The business tional extensions. every tenant that rents premises for busi- income base is generally determined ness purposes in Manhattan south of the using a single receipts factor. FORM NYC-300 - Mandatory First In- center line of 96th Street and whose an- stallment (MFI) by Business C Corpora- nual or annualized gross rent for any Tax on Business Capital tions. This form is to be submitted with premises is at least $200,000. (Effective The tax on the business capital base is respect to the MFI. The MFI on this form is June 1, 2001.) computed on Schedule C . The business equal to 25% of the second preceding year's capital base is generally determined tax. The due date of the form is 2-1/2 FORM NYC-RPT - Real Property Trans- using a single receipts factor allocation. months after the close of the previous fiscal fer Tax Return must be filed when the cor- year, not the due date of the return or exten- poration acquires or disposes of an interest Fixed Dollar Minimum Tax sion for the previous year. For a calendar in real property, including a leasehold in- The fixed dollar minimum tax is deter- year taxpayer, the due date is March 15th. terest; when there is a partial or complete mined by the corporation’s New York liquidation of the corporation that owns or City receipts. To avoid an erroneous as- FORM NYC-222 - Underpayment of leases real property; or when there is a sessment or a delay in your refund, you Estimated Tax by Corporations will help transfer of a controlling economic interest must enter an amount on Form NYC-2, a corporation determine if it has under- in a corporation, partnership or trust that Schedule A, line 3. If you do not have paid an estimated tax installment and, if owns or leases real property. New York City receipts, enter 0 in the box necessary, compute the penalty due. on line 3. Failure to make an entry on this For credits or refunds based upon car- line may result in an assessment of tax, or FORM NYC-245 - Activities Report of ryback of a net operating loss (NOL)— reduction of your refund or credit. Corporations must be filed by a corpora- To claim a credit or refund resulting from tion that has an officer, employee, agent the carryback of an NOL to a prior year, FOR TAXPAYERS CLAIMING or representative in the City but disclaims file an amended return for the year to A NET OPERATING LOSS liability for the Business Corporation Tax. which the carryback is being applied DEDUCTION within 90 days (120 days if filing an Taxpayers claiming a deduction for a Net FORM NYC-399 - Schedule of New amended combined return) from the date Operating Loss must complete form York City Depreciation Adjustments is of the document indicating approval of NYC-2.4 (Net Operating Loss Deduction) used to compute the allowable New York the federal refund or credit. and include it with their Business Corpo- City depreciation deduction if a federal ration Tax filing. For more information ACRS or MACRS depreciation deduc- You must attach the following to your see Form NYC-2.4. Under subchapter 3- tion is claimed for certain property placed amended return: A, the restriction for REITs and RICs on in service after December 31, 1980. using the NOL deduction is no longer ap- • Federal claim Form 1139, Corpora- plicable and, thus, REITs and RICs are |
Instructions for Form NYC-2 - 2022 Page 6 permitted an NOL deduction. Taxpayers ment exceeds the greater of 10% of the tion name and Employer Identification subject to the small business tax rate are tax required to be shown on the return or Number, if applicable. still subject to the PNOLC limitations $5,000) for any taxable year, a penalty (unlike NYS). NOLs from tax years that will be imposed in an amount equal to Preparer Authorization: If you want to begin on or after January 1, 2015, can- 10% of the amount of the understated tax. allow the Department of Finance to dis- not be carried back to tax years that The amount of understated tax on which cuss your return with the paid preparer began before January 1, 2015. you pay the penalty can be reduced by who signed it, you must check the "Yes" subtracting any item for which (1) there box in the signature area of the return. Requirement to be Included in a Com- is or was substantial authority for the way This authorization applies only to the in- bined Report under the Business Cor- in which the item was treated on the re- dividual whose signature appears in the poration Tax: turn, or (2) there is adequate disclosure "Preparer's Use Only" section of your re- of the relevant facts affecting the item’s turn. It does not apply to the firm, if any, Subchapter 3-A adopts a combined re- tax treatment on the return or in a state- shown in that section. By checking the porting regime under which corporations ment attached to the return. "Yes" box, you are authorizing the De- that meet a more than 50% ownership or partment of Finance to call the preparer control test generally must file a com- CHANGE OF BUSINESS to answer any questions that may arise bined return if they conduct a unitary INFORMATION during the processing of your return. business or elect to file on a combined If there have been any changes in your Also, you are authorizing the preparer to: basis. For more information, please refer business name, identification number, to the instructions for Form NYC-2A. billing or mailing address or telephone ● give the Department any information missing from your return number, complete Form DOF-1, Change ESTIMATED TAX of Business Information. You can obtain If the tax for the period following that cov- ● call the Department for information this form by calling 311. If calling from ered by this return is expected to exceed about the processing of your return or outside of the five NYC boroughs, please $1,000, a declaration of estimated tax and the status of your refund or pay- call 212-NEW-YORK (212-639-9675). installment payments are required. Form ment(s), and You can also logon to nyc.gov/finance. NYC-400 is to be used for declarations and installment payments of estimated tax. HOW TO FILL OUT ● respond to certain notices that you If the tax on this return exceeds $1,000, YOUR TAX RETURN have shared with the preparer about submit Form NYC-400 which is available math errors, offsets, and return prepa- on the Department of Finance’s website. Important identifying information ration. (These notices will not be sent If, after filing a declaration, your estimated When preparing your corporation tax re- to the preparer). tax substantially increases or decreases as turn, be sure to accurately complete the a result of a change in income, deduction corporation’s identifying information You are not authorizing the preparer to or allocation, you must amend your dec- (employer identification number (EIN)) receive any refund check, bind you to any laration on or before the next date for an including the current address. Keep a statement, act or legal position (including installment payment. Mail the amended record of the corporation’s identifying any additional tax liability), or otherwise declaration, using Form NYC-400, along information for future use. represent you before the Department. The with your check to: authorization cannot be revoked; how- Check all the boxes on the front of the re- ever, the authorization will automatically NYC Department of Finance turn that apply. expire no later than the due date (without P.O. Box 3922 regard to any extensions) for filing next New York, NY 10008-3922 SIGNATURE year's return. Failure to check the box If the amendment is made after the 15th This report must be signed by an officer will be deemed a denial of authority. day of the 9th month of the taxable year, authorized to certify that the statements any increase in tax must be paid with the contained herein are true. If the taxpayer SPECIFIC INSTRUCTIONS amendment. is a publicly-traded partnership or an- These payments can also be made online other unincorporated entity taxed as a Period Covered at nyc.gov/eservices. corporation, this return must be signed by File the 2022 return for calendar year a person duly authorized to act on behalf 2022 and fiscal years that begin in 2022 For more information regarding esti- of the taxpayer. and end in 2023. For a fiscal or short tax mated tax payments and due dates, see year return, fill in the tax year space at Form NYC-400. TAX PREPARERS the top of the form. The 2022 Form Anyone who prepares a return for a fee NYC-2 also can be used if: PENALTY FOR must sign the return as a paid preparer UNDERSTATING TAX and enter his or her Social Security Num- ● You have a tax year of less than 12 If there is a substantial understatement of ber or PTIN. (See Finance Memorandum months that begins and ends in 2023, and tax (i.e., if the amount of the understate- 00-1.) Include the company or corpora- |
Instructions for Form NYC-2 - 2022 Page 7 ● The 2023 Form NYC-2 is not avail- corporation short year, even though they Short Periods - Fixed Dollar Minimum Tax able at the time you are required to are treated as separate short tax years. See Compute the New York City receipts for file the return. Finance Memorandum 15-2, 4/17/2015. short periods (tax periods of less than 12 You must show the 2023 tax year on the Special Condition Codes months) by dividing the amount of New 2022 Form NYC-2 and take into account Check the Finance website for applicable York City receipts by the number of months any tax law changes that are effective for tax special condition codes. If applicable, in the short period and multiplying the re- years beginning after December 31, 2022. enter the two character code in the box sult by 12. Once this annualized amount is calculated (do not replace your NYC re- provided on the form. September 11, 2001 Related Benefits ceipts on Line 3 with this annualized Check the appropriate box on page 1 of SCHEDULE A amount) use the table above to determine this form if, on your federal return: (i) Computation of Balance Due or Over- the fixed dollar minimum tax based on the you reported bonus depreciation and/or payment annualized amount. The resulting fixed dol- a first year expense deduction under IRC lar minimum tax may be reduced for short §179 for "qualified New York Liberty LINE 3 - MINIMUM TAX periods as indicated below. Enter the re- Zone property," "qualified New York Enter the amount of New York City Re- duced amount on line 3 (If applicable). Liberty Zone leasehold improvements," ceipts from Schedule F, Part 1, Column or "qualified Resurgence Zone property," A, line 1, or Part 2, Column A, line 2a Period Reduction regardless of whether you are required to and the Minimum Tax amount from the Not more than 6 months..................50% file form NYC-399Z, or (ii) you replaced following table. If 100% of your busi- More than 6 months property involuntarily converted as a re- ness income is to be allocated to the but not more than 9 months.............25% sult of the attacks on the World Trade City, enter the total amount of your More than 9 months.......................None Center during the five (5) year extended business receipts, which should be the replacement period. You must attach fed- same as the amount that you would LINE 5 - UBT PAID CREDIT eral forms 4562, 4684 and 4797 to this have had to enter on line 1 of Part 1, or Enter on line 5 the credit against the return. See instructions for Schedule B, line 2a of Part 2 of Schedule F if you Business Corporation Tax for Unincor- lines 11 and 19 for more information. had been required to complete that line. porated Business Tax paid by partner- ships from which you receive a Filing your final return TABLE - FIXED DOLLAR distributive share of income, loss or de- Mark an Xin the Final return box on page MINIMUM TAX duction or guaranteed payment that you 1 of the return if the corporation has ceased For a corporation with New York City re- include in entire net income (ENI) (At- doing business, employing capital, or own- ceipts of: ing or leasing property in New York City. tach a Form NYC-9.7C for each partner- Do not mark an Xin the Final return if Not more than $100,000..................$ 25 ship from which you receive a credit.) you are only changing the type of return More than $100,000 LINE 7- REAP CREDIT that you file. but not over $250,000 .....................$ 75 Enter on this line the Relocation and Em- More than $250,000 ployment Assistance Program (REAP) Do not mark an Xin the Final return box but not over $500,000 ...................$ 175 credit against the Business Corporation in the case of a merger or consolidation. More than $500,000 Tax. (Attach Form NYC-9.5.) but not over $1,000,000 ................$ 500 Include the full profit from any install- More than $1,000,000 ment sale made in your final tax year on LINE 8 - CREDITS FROM but not over $5,000,000 ..............$1,500 your final return. FORM NYC-9.6 More than $5,000,000 Enter on this line the real estate tax esca- Also include on your final return any re- but not over $25,000,000 ............$3,500 lation credit and employment opportunity maining profit not yet received from a More than $25,000,000 relocation costs credit and industrial busi- ness zone credit (Refer to instructions on prior year’s installment sale. but not over $50,000,000 ............$5,000 Form NYC-9.6 and attach form.) More than $50,000,000 S Corporation Termination Year but not over $100,000,000 ........$10,000 If an S corporation is terminating its fed- LINE 9 – LMREAP CREDIT eral S election on a day other than the first More than $100,000,000 Enter on this line the credit against the Busi- day of the tax year, the tax year is divided but not over $250,000,000 ........$20,000 ness Corporation Tax for the Lower Manhat- into two tax periods (an S short year and More than $250,000,000 tan Relocation and Employment Assistance a C short year). The taxpayer must file a but not over $500,000,000 ........$50,000 Program. (Attach Form NYC-9.8.) GCT or Bank Tax return for the S Corpo- More than $500,000,000 LINE 11- BEER PRODUCTION ration short year and a Form NYC-2 or but not over $1,000,000,000 ...$100,000 CREDIT Form NYC-2A for the C corporation Over $1,000,000,000...............$200,000 short year. The due date of the S corpora- Enter on this line the NYC beer produc- tion short year return is the same as the C tion credit. (Attach Form NYC-9.12.) |
Instructions for Form NYC-2 - 2022 Page 8 LINE 13 - TOTAL PREPAYMENTS b). If you claim not to be liable for For interest calculations and account in- Enter the sum of all estimated tax payments these additional charges, attach a formation, call 311. If calling from out- made for this tax period, the payment made statement to your return explaining side of the five NYC boroughs, please with the extension request, if any, and both the delay in filing, payment or both. call 212-NEWYORK (212-639-9675). the carryover credit and the first installment reported on the prior tax period’s return. LINE 16c - PENALTY FOR UNDER- You can also visit the Finance website at This figure should be obtained from the PAYMENT OF ESTIMATED TAX nyc.gov/finance Composition of Prepayments Schedule on A penalty is imposed for failure to file a page 2 of Form NYC-2. Use line G of the declaration of estimated tax or for failure REVOCATION OF THE COMMONLY Prepayment Schedule for original returns; to pay each installment payment of esti- OWNED GROUP ELECTION use line H in case of an amended return. mated tax due. (For complete details, Pursuant to Ad. Code section 11-654.3(3), See the instructions to the Prepayments refer to Form NYC-222, Underpayment a corporation may elect to treat all corpo- Schedule. of Estimated Tax by Corporations.). If rations that meet the ownership require- you underpaid your estimated tax, use ments of section 11-654.3(2)(a) LINE 16a - LATE PAYMENT - IN- Form NYC-222 to compute the penalty. (“commonly owned group”) as its com- TEREST Attach Form NYC-222. If no penalty is bined group whether or not such corpora- If the tax is not paid on or before the due due, enter “0” on line 16c. tions are engaged in a unitary business. date (determined without regard to any Once made, the election is irrevocable for extension of time), interest must be paid LINE 20 - TOTAL REMITTANCE DUE the year in which it was made and the sub- on the amount of the underpayment from If the amount on line 14 is greater than sequent six taxable years. After such time, the due date to the date paid. For infor- zero or the amount on line 18 is less than the election will automatically renew for mation as to the applicable rate of inter- zero, enter on line 20 the sum of line 14 another period of 7 tax years, unless re- est, call 311. If calling from outside of the and the amount, if any, by which line 17 voked by the designated agent of the com- five NYC boroughs, please call 212- exceeds the amount on line 15. If filing monly owned group on an original timely NEW-YORK (212-639-9675) or log on and paying electronically, enter the filed (with regard to extensions) return for to nyc.gov/finance. amount of your remittance on Line A. If the first taxable year after the completion not paying electronically, leave Line A of the seven year period for which the LINE 16b - LATE PAYMENT OR blank. All remittances must be payable in election was in effect. Once revoked, the LATE FILING/ADDITIONAL U.S. dollars drawn on a U.S. bank. election cannot be made by any member CHARGES Checks drawn on foreign banks will be of such commonly owned group for 3 tax a) A late filing penalty is assessed if you rejected and returned. Remittances must years immediately following the revoca- fail to file this form when due, unless be made payable to the order of NYC tion. In determining the seven and three the failure is due to reasonable cause. Department of Finance. year periods described in this paragraph, For every month or partial month that short taxable years shall not be considered. this form is late, add to the tax (less LINE 21 - NEW YORK CITY RENT any payments made on or before the If the corporation is carrying on business If you were the designated agent of a due date) 5%, up to a total of 25%. both inside and outside New York City, combined group that had made an elec- complete Schedule E and enter on line 21 tion pursuant to section 11-645.3(3) and b) If this form is filed more than 60 days of Schedule A total rent from Schedule E, such election had been in effect for 7 tax late, the above late filing penalty can- part 1. If the corporation is only carrying years immediately preceding the tax year not be less than the lesser of (1) $100 on business in New York City, enter the for which this return is filed, you can re- or (2) 100% of the amount required to total rent deducted on the federal return voke the election by filling out this be shown on the form (less any pay- for premises located in the City. Rent in- schedule and checking the box on Line 3. ments made by the due date or credits cludes consideration paid for the use or claimed on the return). occupancy of premises as well as pay- You must attach a list including the names ments made to or on behalf of a landlord c) A late payment penalty is assessed and EINs of the corporations that were for taxes, charges, insurance or other ex- if you fail to pay the tax shown on this members of the commonly owned group penses normally payable by the landlord form by the prescribed filing date, un- for which the election is being revoked. other than for the improvement, repair or less the failure is due to reasonable maintenance of the tenant’s premises. cause. For every month or partial PREPAYMENTS SCHEDULE month that your payment is late, add Enter the payment date and the amount of LINE 23 to the tax (less any payments made) all prepayments made for this tax period. The amount entered on line 23 should be 1/2%, up to a total of 25%. the same amount entered on line 1c of the LINE H (Amended Returns Only) - taxpayer's federal Form 1120 (Gross re- d) The total of the additional charges in This line should reflect the total amount ceipts or sales less returns and al- a) and c) may not exceed 5% for any of payments that is applicable to the tax- lowances). one month except as provided for in able year covered by this return, includ- ing those made with the original return |
Instructions for Form NYC-2 - 2022 Page 9 (less any amounts that were carried for- similar exemption from tax with respect loss(es). When completing Form NYC-2 ward and applied to a subsequent period to United States airlines, the foreign air- the adjustment made for purposes of line 1 and any refunds received) and any subse- line is not entitled to the exclusions from must be taken into consideration. quent payments made prior to the filing income and capital described above. of this amended return. Do not include The sum of investment income and other payments being made with this return. At- SCHEDULE B exempt income must not exceed ENI. tach a schedule listing the payments, cred- Computation of Tax on Business In- LINE 1 its and refunds included on this line. come Base Generally, the amount to enter is your Example - Taxpayer listed payments of Business income is ENI minus invest- FTI, before NOL and special deductions, $6,000 on the Composition of Prepay- ment income and other exempt income. as required to be reported to the U.S. ments Schedule on the original return. ENI is: Treasury Department. However, see The tax liability as reflected on the origi- below, for instructions specific to differ- nal return was $5,000. The taxpayer re- • Federal Taxable Income (FTI) for ent federal Forms 1120. quested and received a refund of $1,000. non-alien corporations or alien corpo- • If you file federal Form 1120, use the A year later, the taxpayer files an rations that are treated as domestic amount from line 28. amended return showing a new tax liabil- corporations; or ity for the same period of $1,000. Because FDII and GILTI deductions: Ad- of the refund, the amount of the prepay- • Income effectively connected with the ministrative Code § 11-652(8)(b)(21) ment is now $5,000, which should be en- conduct of a trade or business within requires that any IRC section tered on this line and on line 13 of the United States, as determined 250(a)(1)(A) amount deducted (as re- Schedule A. Attach a schedule showing under IRC section 882, for an alien duced by IRC section 250(a)(2)) when all payments (including those made prior corporation that under any provision computing FTI must be added back to to the filing of the original return) and the of the IRC is not treated as a domes- FTI. However, as the amount reported refund. tic corporation as defined in IRC on line 1 is before the special deduc- 7701; or Special Entities tions amount reported on federal Form • FTI that would have been reported to 1120, no addition modification to FTI FOREIGN AIRLINES the IRS in the case of a corporation for any IRC section 250(a)(1)(A) de- Foreign airlines that have a foreign air car- which is exempt from federal income duction is required. You are allowed to rier permit pursuant to section 402 of the tax (other than tax on unrelated busi- take the portion of the IRC section 250 Federal Aviation Act of 1958 may exclude ness income imposed under IRC sec- deduction computed under IRC sec- from ENI all income from international tion 511) but is taxable under tion 250(a)(1)(B)(i), as reduced by operations effectively connected to the Subchapter 3-A; IRC section 250(a)(2). Include this United States, foreign passive income, and amount on line 20 of Schedule B. income earned from overseas operations, plus or minus certain New York City provided the foreign country in which the modifications. • If you file Form 1120-REIT, use airline is based has a similar exemption REIT taxable income (as defined in from tax with respect to United States air- If you have federal capital gains or losses IRC section 857(b)(2), but before the lines. (Ad. Code § 11-652(8)(c-1)). included in your FTI that flow from items NOL deduction, total deduction for that qualify as New York investment cap- dividends paid, and the IRC section Property, receipts and wages, salaries or ital, you must adjust FTI on line 1 by re- 857(b)(2)(E) deduction), as modified other personal service compensation di- computing the amount of your federal net by IRC section 858. rectly attributable to the generation of in- capital gain income. In this recomputation, come described above not included in you must net your federal capital gains Note: If you were required to include in entire net income under Ad. Code Section and losses by the type of New York capi- your calculation of REIT taxable in- 11-652(8)(c-1) are excluded when calcu- tal (business or investment) that generated come an IRC section 965(a) inclusion lating the business allocation percentage. the federal capital gain or loss, rather than amount, such inclusion, as well as the See Ad. Code Section 11- 654(3)(a)(11). netting business and investment capital corresponding IRC section 965(c) gains and losses against each other. Busi- amount, is already reflected in the REIT When computing the tax on capital, for- ness capital loss(es) are only allowed to be taxable income amount. Administrative eign airlines may also exclude from busi- netted against business capital gain(s) to Code § 11-652(8)(b)(20) requires that ness capital those assets used to generate the extent that there are business capital any IRC section 965(c) amount de- the exempt income (to the extent the as- gain(s) to absorb the business capital ducted when computing REIT taxable sets were employed in generating that in- loss(es). Likewise, investment capital income must be added back to REIT come). Ad. Code Section 11-652(6)(b). loss(es) are only allowed to be netted taxable income. Add back the IRC sec- against investment capital gain(s) to the tion 965(c) deduction amount on Sched- However, if the country in which the for- extent that there are investment capital ule B, Line 14. A federal election can be eign airline is based does not provide a gain(s) to absorb the investment capital made under IRC section 965(m)(1)(B). |
Instructions for Form NYC-2 - 2022 Page 10 When such election is made, New York • If you file 1120-F, use the amount from taxes. Include the New York State Met- City conforms to this election. Section II, line 29. Mark an X in the ropolitan Transportation Business Tax “Yes” box on Schedule G, line 17. surcharge and the MTA Payroll Tax (New • If you file Form 1120-RIC, use the York State Tax Law, Art. 23). sum of: • If you are exempt from federal income tax but subject to New York City Busi- Attach a schedule listing each locality - investment company taxable in- ness Income Tax, you must determine and the amount of all those taxes de- come (as defined in IRC section the amount you would have had to re- ducted on your federal return. 852(b)(2), modified for IRC sec- port as FTI, before NOL and special tion 855, but before the deduction deductions, as if you were not ex- On line 8, enter the amount of New York for dividends paid and the deduc- empt. Attach a separate sheet show- City General Corporation Tax, Banking tions for tax imposed under IRC ing how you determined the amount. Corporation Tax and Business Corpora- sections 851(d)(2) and 851(i)) tion Tax deducted on your federal return. plus • If you have an amount of excess in- clusion as a result of having a residual LINES 9, 10 AND 11 - NEW YORK - the amount taxable under IRC sec- interest in a real estate mortgage in- CITY ADJUSTMENTS tion 852(b)(3). vestment conduit (REMIC), you must Lines 9 & 10 - Taxpayers claiming the properly reflect this income in FTI. employment opportunity relocation costs • If you file federal Form 1120-H, use credit or the industrial business zone the amount from line 19. LINES 2 and 3 - DIVIDENDS AND IN- credit must enter on line 9 the amount TEREST AND OTHER INCOME EF- shown on line 5 of Part II of Form NYC- • If you file federal Form 1120-POL, FECTIVELY CONNECTED WITH 9.6. Taxpayers claiming the real estate use the amount from line 19. THE CONDUCT OF A TRADE OR tax escalation credit must enter on line 10 BUSINESS IN THE UNITED STATES • If you file federal Form 1120-C, use the amount shown on line 4 of Part II of NOT INCLUDED ON LINE 1 BY the amount from line 25c. Form NYC-9.6. ALIEN CORPORATIONS GILTI and FDII deductions: Ad- Alien corporations enter on line 2 divi- Line 11 - The federal bonus depreciation ministrative Code § 11-652(8)(b)(21) dends and interest on any kind of stock, allowed for "qualified property", as de- requires that any IRC section securities or indebtedness which are ef- fined in the Job Creation and Worker As- 250(a)(1)(A) amount deducted (as re- fectively connected with the conduct of a sistance Act of 2002 is not allowed for duced by IRC section 250(a)(2)) trade or business in the U.S. pursuant to Business Corporation Tax purposes except when computing FTI must be added Section 864 of the IRC, but which are ex- for such deductions allowed with respect back to FTI. However, as the amount cluded from federal taxable income; and to "qualified New York liberty zone prop- reported on line 1 is before the spe- enter on line 3 any other income not in- erty", "qualified New York liberty zone cial deductions amount reported on cluded on line 1 which would be treated leasehold improvements" and "qualified federal Form 1120-C, no addition as effectively connected with the conduct property" placed in service in the Resur- modification to FTI for any IRC sec- of a trade or business in the U.S. pursuant gence Zone (generally the area in the bor- tion 250(a)(1)(A) deduction is re- to Section 864 of the IRC were it not ex- ough of Manhattan south of Houston quired. You are allowed to take the cluded from gross income pursuant to Street and north of Canal Street). For City portion of the IRC section 250 deduc- Section 103(a) of the IRC. tax purposes, depreciation deductions for tion computed under IRC section all other "qualified property" must be cal- LINE 6 - INCOME TAXES 250(a)(1)(B)(i), as reduced by IRC culated as if the property was placed in section 250(a)(2). Include this amount Enter any taxes on or measured by in- service prior to September 11, 2001. on line 20 of Schedule B. come or profit paid or accrued to the United States, or any of its possessions, Recent Federal Legislation Effecting • If you are a member of a federal affil- which were deducted in computing fed- Depreciation. iated group that files a consolidated eral taxable income on line 1. Section 143 of the Protecting Americans return, complete a pro forma 1120 re- from Tax Hikes Act of 2015, Pub. L. No. porting the FTI you would have been LINES 7 AND 8 - STATE AND 114-113, Div Q (December 18, 2015) required to report on a separate fed- LOCAL BUSINESS TAXES (“2015 PATH Act”) extended bonus de- eral tax return, and attach a copy of On line 7 enter the amount deducted on preciation so that it is available for prop- the federal consolidating workpaper your federal return for business taxes erty acquired and placed in service during indicating your separate taxable in- paid or accrued to any state, any political 2015-2019; bonus depreciation was ex- come before any elimination intercor- subdivision of a state or to the District of tended through 2020 for certain property porate transactions included in the Columbia if they are on or measured by with a longer production period. Under the federal consolidate return. profits or income or include profits or in- 2015 PATH Act, the bonus depreciation is come as a measure of tax, including taxes 50% for property placed in service during expressly in lieu of any of the foregoing |
Instructions for Form NYC-2 - 2022 Page 11 2015-2017, 40% for property placed in additional depreciation is phased down to service and not as of September 10, 2001. service during 2018, and 30% for property $6,400 in the case of an automobile Note that for Business Corporation Tax placed in service during 2019. The first placed in service during 2018 and to purposes: year depreciation for passenger automo- $4,800 in the case of automobile placed biles under §280F(a)(1)(A) is increased by in service during 2019. - An SUV cannot qualify as either $8,000 for the 2015 tax year and the 2016 Qualified Resurgence Zone Property calendar tax year for certain qualified prop- The Administrative Code limits the de- or as New York Liberty Zone prop- erty. However, in the case of a passenger preciation for “qualified property” other erty. See Administrative Code section automobile placed in service after Decem- than “Qualified Resurgence Zone prop- 11-652(8)(o). ber 2016, the first year additional depreci- erty” and “New York Liberty Zone prop- ation is phased down to $6,400 in the case erty” to the deduction that would have - An SUV cannot qualify for the addi- of an automobile placed in service during been allowed for such property had the tional first year depreciation available 2018 and to $4,800 in the case of automo- property been acquired by the taxpayer on under the recent federal legislation de- bile placed in service during 2019. September 10, 2001, and therefore, ex- scribed above. cept for Qualified Resurgence Zone prop- Most recently, section 13201(b) of the erty, as defined in the.Administrative On the disposition of an SUV subject to Tax Cuts and Jobs Act of 2017 (“TCJA”) Code and “New York Liberty Zone prop- the limitation, the amount of any gain or extended the bonus depreciation deduc- erty,” the City has decoupled from the loss included in income must be adjusted tion to cover property placed in service federal bonus depreciation provision. to reflect the limited deductions allowed before January 1, 2027 (except for air- Qualified Resurgence Zone property is for City purposes under this provision. craft and log-production period property qualified property described in section Enter on Schedule B, lines 11 and 19 the had to be placed into service before Jan- 168(k)(2) of the internal revenue code appropriate adjustments from form NYC- uary 1, 2028.) Pursuant to section substantially all of the use of which is in 399Z. See Finance Memorandum 22-1, 13201(a) of the TCJA, for property the Resurgence Zone (which is generally “Application of IRC §280F Limits to placed in service after September 27, in the borough of Manhattan south of Sports Utility Vehicles.” 2017, the bonus depreciation rate was Houston Street and north of Canal Street), raised to 100% with the phase-down to is in the active conduct of a trade or busi- The federal depreciation deduction com- begin in 2023. The taxpayer can elect to ness by the taxpayer in such zone, and the puted under the Accelerated Cost Recovery apply a 50% depreciation rate for prop- original use of which in the Resurgence System or Modified Accelerated Cost Re- erty placed in service in the taxpayer’s Zone commences with the taxpayer after covery System (IRC Section 168) is not al- first tax year ending after September 27, September 10, 2001. The Administrative lowed for the following types of property: 2017. The phase-down of the bonus de- Code also requires appropriate adjust- preciation enacted under the 2015 PATH ments to the amount of any gain or loss - property placed in service in New York is still applicable for property acquired included in entire net income or unincor- State in taxable years beginning before before September 28, 2017. Thus, for porated business entire net income upon January 1, 1985 (except recovery prop- property acquired before September 28, the disposition of any property for which erty subject to the provisions of Inter- 2017 and placed in service in service in the federal and New York City deprecia- nal Revenue Code Section 280-F) 2018, the bonus depreciation is 40% and tion deductions differ. For further infor- 30% for property placed in service in mation, see the instructions to Form - property of a taxpayer principally en- 2019 with no bonus depreciation for NYC-399Z for this calculation. For tax gaged in the conduct of an aviation, property placed in service after 2019. years beginning on or after January 1, steamboat, ferry, or navigation busi- 2004, other than for eligible farmers (for ness, or two or more such businesses Under the TCJA, the first year deprecia- purposes of the New York State farmers' which is placed in service in taxable tion limit increase of $8,000 for passen- school tax credit), the amount allowed as years beginning after December 31, ger automobiles under §280(F)(a)(1)(A) a deduction with respect to a sport utility 1988, and before January 1, 1994 is extended to include automobiles vehicle that is not a passenger automobile placed in service on or before December for purposes of section 280F(d)(5) of the In place of the federal depreciation de- 31, 2026. Prior to that, in order to qualify Internal Revenue Code is limited to the duction, a depreciation deduction using for the $8,000 increase in bonus depreci- amount allowed under section 280F of the pre-ACRS or MACRS rules (IRC Sec- ation, the passenger automobile would Internal Revenue Code as if the vehicle tion 167) is allowed. Enter on line 11 the have had to been placed into service on were a passenger automobile as defined ACRS adjustment from Form NYC-399, or before December 31, 2019. This ex- in that section. For SUVs that are quali- Schedule C, line 8, Column A. Enter on tension of the placed in service deadline fied property other than qualified Resur- line 19 the ACRS adjustment from Form only applies to automobiles acquired on gence Zone property and other than New NYC-399, Schedule C, line 8, Column B. or after September 28, 2017. However, if York Liberty Zone property, the amount ACRS and MACRS may be available for the passenger automobile was acquired allowed as a deduction is calculated as of property placed in service outside New before September 28, 2018, the first year the date the SUV was actually placed in York in years beginning after 1984 and before 1994. See Finance Memorandum |
Instructions for Form NYC-2 - 2022 Page 12 99-4 “Depreciation for Property Placed imposed by this city, and the transaction c) For tax years beginning on or after in Service Outside New York After 1984 giving rise to the royalty was undertaken August 1, 2002, corporations that are and Before 1994.” for a valid business purpose and reflected partners in partnerships that receive at an arm's length relationship. (Ad. Code least eighty percent of their gross re- LINE 12 - PAYMENT FOR USE section 11- 652(8)(n)(2)(ii)(C)); or ceipts from providing mobile OF INTANGIBLES telecommunications services must ex- Add back payments for the use of intangi- If the taxpayer and the Department of Fi- clude their distributive share of in- bles made to related members as required nance agree to alternative adjustments come, gains, losses and deductions by Ad. Code section 11-652(8)(n). Ad. that more appropriately reflect the tax- from any such partnership, including Code section 11-652(8)(n) provides that, payer's income (Ad. Code section 11- their share of separately reported except where a taxpayer is included in a 652(8)(n)(2)(ii)(D)). items, from their federal taxable in- combined report pursuant to Ad. Code sec- come reported on line 1. Include in The law as amended also defines the term tion 11-654.3 with the applicable related this line the distributive share of any “related member” by linking it to the def- member, for the purpose of computing en- deductions or losses included in the inition in Internal Revenue Code section tire net income or other applicable taxable amount reported on line 1. 465(b)(3)(c), but substituting 50 percent basis, a taxpayer must add back royalty for the 10 percent ownership threshold. d) Add back the amount of any federal payments directly or indirectly paid, ac- deduction allowed pursuant to IRC crued or incurred in connection with one LINE 14 - OTHER ADDITIONS §965(c) to the extent such amount or more direct or indirect transactions with a) The Ad. Code nullifies the effects of was deducted in computing your FTI one or more related members during the federal “safe harbor leases” upon reported on line 1. taxable year to the extent deductible in cal- New York City taxable income (Sec- culating federal taxable income. There tion 11-652(8)(a)(8) and (9) of the Ad. e) Add back the amount of any federal are four statutory exceptions to this re- Code). This applies to agreements en- deduction allowed pursuant to IRC quirement. Those four exceptions gener- tered into prior to January 1, 1984. §250(a)(1)(A) to the extent such ally can apply in following situations (for additional conditions that must be met, see Any amount included in the computa- amount was deducted in computing the Ad. Code sections indicated below): tion of federal taxable income solely your FTI reported on line 1. as a result of an election made under f) For taxable years beginning on or after If all or part of the royalty payment a re- IRC Section 168(f)(8) as it was in ef- January 1, 2021, the amount of any lated member received was then paid to fect for agreements entered into prior gain excluded from federal gross in- an unrelated third party during the tax to January 1, 1984, must be removed come for the taxable year pursuant to year, that portion of the payment will be when computing New York City tax- IRC section 1400Z-2(a)(1)(A) because exempt if the transaction giving rise to able income. Any amount excluded in it is invested in a qualified opportunity the original royalty payment to the re- the computation of federal taxable in- zone must be added back. See Ad. lated member was undertaken for a valid come solely as a result of an election Code section 11-652(8)(b)(23). business purpose, and the related mem- made under IRC Section 168(f)(8) ber was subject to tax on the royalty pay- must be included when computing LINE 16 - PROPERTY ACQUIRED ment in this city or another city within the New York City taxable income. PRIOR TO 1966 United States or a foreign nation or some A deduction is allowed with respect to combination thereof (Ad. Code section Exempt from these adjustments are gain from the sale or other disposition of 11-652(8)(n)(2)(ii)(A)); leases for qualified mass commuting any property acquired prior to January 1, vehicles and property of a taxpayer, 1966 (except stock in trade, inventory, If the taxpayer's related member paid an subject to the Business Corporation property held primarily for sale to cus- aggregate effective rate of tax on the roy- Tax, principally engaged in the conduct tomers in the ordinary course of trade or alty payment, to this city or another city of an aviation, steamboat, ferry or nav- business, or accounts or notes receivable within the United States or some combi- igation business, or two or more such acquired in the ordinary course of trade nation thereof, that is not less than 80 per- businesses, which is placed in service or business). The amount of the deduc- cent of the rate of tax that applied to the before taxable years beginning in 1989. tion with respect to each such property is taxpayer under Ad. Code section 11-604 for the tax year (Ad. Code section 11- Enter the appropriate additions and equal to the difference between: 652(8)(n)(2)(ii)(B)); deductions on lines 14 and 20, re- a) the amount of the taxpayer’s federal spectively, and attach a rider to show taxable income; and If the related member is organized under the “safe harbor” adjustments to New the laws of a foreign country that has a York City taxable income. b) the amount of the taxpayer’s federal tax treaty with the United States, the re- taxable income (if smaller than the b) Any “windfall profit” tax deducted in lated member’s income from the transac- amount described in (a)), computed as computing federal income must be tion was taxed in such country at an if the federal adjusted basis of each added back when computing NYC en- effective rate of tax at least equal to that such property (on the sale or other dis- tire net income. |
Instructions for Form NYC-2 - 2022 Page 13 position of which gain was realized) safe harbor leases. g) The amount of any gain included in on the date of the sale or other dispo- entire net income pursuant to Ad. sition had been equal to either: b) Taxpayers entitled to a special deduc- Code section 11-652(8)(b)(23) in a tion for construction, reconstruction, previous tax year that is included in 1) its fair market value on January 1, erection or improvement of industrial federal gross income in the current 1966, or the date of its sale or other waste treatment facilities or air pollu- tax year should be subtracted. See disposition prior to January 1, tion control facilities initiated on or Ad. Code section 11-652(8)(a)( 16). 1966, plus or minus all adjust- after January 1, 1966, and having a ments to basis made with respect situs in NYC in accordance with Sec- h) The amount of any grant received to such property for federal income tion 11-652(8)(g) should submit a through either the COVID-19 Pan- tax purposes for periods on or after rider showing the complete computa- demic Small Business Recovery January 1, 1966; or tion. Enclose certification of compli- Grant Program, pursuant to section ance issued pursuant to Section 16-ff of the New York State Urban 2) the amount realized from its sale or 17-0707 or Section 19-0309 of the Development Corporation Act, or other disposition, whichever is lower. Environmental Conservation Law. the Small Business Resilience Grant In no event, however, shall the total Entire net income for the current year Program administered by the De- amount computed above exceed the tax- and all succeeding years must be partment of Small Business Serv- payer’s net gain for the year from the sale computed without any deduction for ices, to the extent the amount of or other disposition of property (other such expenditures or for depreciation either grant is included in federal than stock in trade, inventory, property of such property. taxable income. held primarily for sale to customers in the c) Deduct foreign dividend gross-up LINE 23 - SUBTRACTION ordinary course of trade or business, or pursuant to Section 78 of the IRC (see MODIFICATION FOR accounts or notes receivable acquired in federal Form 1120, Schedule C, line QUALIFIED BANKS the ordinary course of trade or business). 15) to the extent included in line 1. Four new ENI modifications have been Attach a rider showing computation and a Entire net income does not include created under Subchapter 3-A of Chapter copy of federal Form 1120 Schedule D. any amount treated as dividends pur- 6 of Title 11 of the Administrative Code suant to Section 78 of the IRC. to encourage local lending. LINE 17 - CITY AND d) Regulated investment companies and STATE REFUNDS The first modification is available to small Real Estate Investment Trusts Enter at line 17 refunds or credits of the thrifts and qualified community banks for (REITs) must include the amount of New York City General Corporation Tax, holding a significant amount of New York their federal dividends paid deduc- New York State Franchise Tax or New York City small business loans and New York tion on this line. City or State Banking Corporation Tax or City residential mortgages. The second New York City Business Corporation Tax e) For tax years beginning on or after modification is available to small thrifts for which no tax exclusion or deduction August 1, 2002, corporations that are and qualified community banks that main- was allowed in determining the taxpayer’s partners in partnerships that receive tained a REIT on April 1, 2014. The third taxable (entire) net income in a prior year. at least eighty percent of their gross modification is available to thrifts and receipts from providing mobile LINE 18 - FEDERAL JOBS CREDIT telecommunications services must qualified community banks that hold a Enter the portion of wages and salaries exclude their distributive share of in- qualified residential loan portfolio. The paid or incurred for the taxable year for come, gains, losses and deductions fourth modification is available for tax- which a deduction is not allowed pur- from any such partnership, including payers and combined groups that have less their share of separately reported than $150 billion of assets and make or suant to the provisions of Section 280C items, from their federal taxable in- purchase (immediately after origination) of the Internal Revenue Code because the come reported on line 1. Include in loans secured by residential real property federal targeted jobs tax credit was taken. this line the distributive share of any in New York City that is used for afford- Attach federal Form 5884 or any other such income or gains included in the able housing or located in a low income applicable federal forms. amount reported on line 1. community. There are limitations on LINE 19 - DEPRECIATION f) To the extent not reflected on line 1, which modifications a taxpayer meeting ADJUSTMENT include on this line the amount of de- these general criteria are eligible to sub- Enter on line 19 the adjustments from duction allowed under IRC section tract. Further information can be found in Form NYC-399 and/or Form NYC-399Z, 250(a)(1)(B)(i), as reduced, when the instructions to Form NYC-2.2. Schedule C, line 8, Column B. See in- applicable, by IRC section structions for Schedule B, line 11. 250(a)(2)(B)(ii), which is generally If you have completed Form NYC-2.2, 50% of the global intangible low- enter the amount from Form NYC-2.2, LINE 20 - OTHER SUBTRACTIONS taxed income amount (if any) that is schedule A, line 1 on Line 23. a) Refer to instructions to Schedule B, included in your gross income under line 14 for adjustments relating to IRC section 951A. |
Instructions for Form NYC-2 - 2022 Page 14 LINE 24 - ENTIRE NET INCOME LINE 32b SCHEDULE C, Part 1 If line 21 is greater than line 15 or line 23 If the amount on line 32a is not correct, COMPUTATION OF TOTAL BUSI- is greater than line 22 so that the amount enter the amount on line 32b and explain NESS CAPITAL on this line is a loss, you must continue to in a rider. complete this form. DO NOT enter zero If this report is for a period other than or skip any lines. LINES 33, 34 AND 35 - PRIOR NET twelve calendar months, do not prorate OPERATING LOSS CONVERSION the amounts in Parts 1 and 2. Amounts LINE 25 - INVESTMENT AND SUBTRACTION AND NET OPER- are only prorated in Part 3 of this sched- OTHER EXEMPT INCOME ATING LOSS DEDUCTION ule (see special instructions for Schedule Under Subchapter 3-A, investment in- NOTE: Line 35 is to be used for any net C, Part 3). come is not subject to tax. Investment operating loss accumulated for tax years Check the box to indicate the basis income is income from stocks of non- beginning on or after January 1, 2015. used to determine the average value in unitary corporations held for investment You may not carry forward to any period column C. Attach a detailed schedule for more than one year that satisfy the beginning on or after January 1, 2015 any to show the calculation of the average definition of capital asset under section net operating loss (NOL) from any period value listed in column C. 1221 of the Internal Revenue Code beginning before that date. Accordingly, (IRC) at all times during the year, that no NOL from any period beginning be- LINES 1 THROUGH 5 - AVERAGE would generate capital gain or loss upon fore January 1, 2015 may be deducted on VALUE OF TOTAL ASSETS disposition and that are clearly identified line 35. Instead, all NOLs from a peri- as held for investment in the same man- ods beginning before January 1, 2015 To determine the value of your assets for ner required under IRC section must be converted into the Prior Net Op- business and investment capital purposes, 1236(a)(1) (whether or not the taxpayer erating Loss Conversion (PNOLC) Sub- you must include real property and mar- is a dealer), and for all stock acquired traction pool and then deducted on line ketable securities at fair market value. after January 1, 2015, that has never 33 in accordance with the PNOLC Sub- been held for sale to customers after the traction rules. For more on the PNOLC The value of all other property must be close of the day on which the stock was Subtraction rules see the instructions for included at the value shown on the tax- acquired. Income that cannot be in- Form NYC-2.3. For more on the NOL payer's books and records in accordance cluded in allocable business income deduction, see instructions for Form with generally accepted accounting prin- under the U.S. Constitution is also in- NYC-2.4. ciples (GAAP). vestment income. See Ad. Code §§11- On Schedule C, line 1, enter the value of 652(4) and (5), the instructions to Form For the PNOLC Subtraction, complete total assets at the beginning of the year in NYC-2.1 and Finance Memorandum 15- Form NYC-2.3 and enter the amount column A and at the end of the year in 3. If you have this type of income, com- from Schedule C, line 4 of that form on column B. Enter the average value in col- plete Form NYC-2.1 and enter the line 33. Subtract the amount on line 33, umn C. Attach a schedule showing the amount from Line 1 of Schedule D of if any, from the amount on line 32a or computation of the average value. that form on this line. 32b. Enter the result on line 34. For the NOL deduction, complete Form NYC- On line 2, enter the value of real property LINE 27 - EXCESS INTEREST DE- 2.4 and enter the amount from line 6 of and marketable securities included in line 1. DUCTIONS ATTRIBUTABLE TO that form on line 35. Enter on line 4 the fair market value of INVESTMENT INCOME, INVEST- real property and marketable securities. MENT CAPITAL AND OTHER EX- LINE 37 - TAX RATE Average value is generally computed on a EMPT INCOME Use Schedule H, Determination of Tax quarterly basis. A more frequent basis Enter amount from Form NYC 2.1, Rate, to determine your tax rate. For (monthly, weekly or daily) may be used. Schedule D, line 2. For more information more information see the instructions for Where the taxpayer’s usual accounting see the instructions for Form NYC-2.1. Schedule H. practice does not permit computation of av- LINE 29 - ADDBACK OF INCOME SCHEDULE C erage value on a quarterly or more frequent PREVIOUSLY REPORTED AS IN- Computation of Tax on Capital Base basis, a semiannual or annual basis may be used if no distortion of average value results. VESTMENT INCOME The tax on capital base does not apply to An addback to business income is re- certain filers. If you are a: Distortion is more likely to be present in quired when the presumptive holding pe- a return covering a short period (a period riod for qualification as investment • REIT as defined in IRC section 856 less than twelve calendar months) where capital is not met. See the instructions to that is subject to tax under IRC sec- the average value is determined on a quar- Form NYC-2.1 and Ad. Code §§11- tion 857, or terly or less frequent basis. Therefore, the 652(4)(d) and 11-652(5) for more infor- • RIC as defined in IRC section 851 that taxpayer should use as frequent a basis as mation. Enter the amount from NYC-2.1, is subject to tax under IRC section 852, possible to provide an accurate average Schedule F, line 6 on line 29. value of capital. Enter 0 on Part 3, line 4 of this schedule and on Schedule A, line 2. With respect to real property owned by |
Instructions for Form NYC-2 - 2022 Page 15 the taxpayer and located within New LINE 2 - LIABILITIES DIRECTLY LINE 15 - AVERAGE FMV OF IN- York City, the fair market value is pre- ATTRIBUTABLE TO INVESTMENT SURANCE AND UTILITY CAPITAL sumed to be not less than the estimated CAPITAL BEFORE SUBTRACTION OF LA- market value of the property on the Enter the portion of the amount included on BILITIES ATTRIBUTABLE Final Assessment Roll of the City for the form NYC-2.1, Schedule E, Part 4, Column Enter the average fair market value of In- period covered by the return or the most G, line 4 that represents the liabilities di- surance and Utility Capital before sub- recent sales price, whichever is greater. rectly attributable to investment capital. This traction of any liabilities. would be the amount that would have been LINE 6 - TOTAL LIABILITIES entered on Line B of the Column G work- LINE 16 - INSURANCE AND UTIL- The liabilities deductible in computing sheet in the instructions to Form NYC-2.1. ITY CAPITAL FACTOR business capital and Investment capital Divide line 15 by line 10 and express as are those liabilities (both long and short LINE 3 - LIABILITIES DIRECTLY a percentage. Round to the nearest ten- term) that are directly or indirectly at- ATTRIBUTABLE TO BUSINESS thousandth of a percentage point. tributable to each type of capital. Use the CAPITAL same method of averaging as used in de- Enter the same amount that you entered LINE 19 - NET INSURANCE AND termining average value of assets. on Line C of the Column G worksheet UTILITY CAPITAL (Computation of liabilities indirectly at- If this line has a positive number after LINES 8 AND 9 tributable to a particular item of invest- subtracting the amount on line 18 from Enter on line 8 the amount from Schedule ment capital) on page 4 of the the amount on line 15, reduce this amount D, line 4. Subtract the amount on line 8 Instructions to Form NYC-2.1. by any negative value from line 22. from the amount on line 7 and enter the difference on line 9 of this Schedule C. LINE 6 - AVERAGE FMV OF IN- LINE 22 - NET GENERAL BUSI- If the amount on Schedule D, line 4 is VESTMENT CAPITAL BEFORE NESS CAPITAL less than zero, enter zero (“0”) on line 8 SUBTRACTION OF LIABILITIES Subtract the amounts on lines 15 and 21 of Schedule C, Part 1, and enter the ATTRIBUTABLE from the amount on line 10, add the amount amount from line 7 on line 9. Enter the average FMV of investment on Schedule C, Part 1, line 10 to that capital before subtraction of liabilities at- amount. If the result is positive, reduce this LINE 10 tributable from Form NYC-2.1, Schedule result by any negative value from line 19. An addback to business capital is re- E, Part 4, column F, line 4. SCHEDULE C, PART 3 quired when the presumptive holding pe- LINE 8 - INVESTMENT CAPITAL COMPUTATION OF CAPITAL BASE riod for qualifications of investment FACTOR capital is not met (Ad. Code §11- Divide line 6 by line 7 and express as a Special Instructions If This Report Is 652(4)(d); See Form NYC-2.1). percentage. Round to the nearest ten- For A Period Other Than 12 Calendar For Taxpayers who are Cooperative thousandth of a percentage point. Months. Housing Corporations: Multiply Line LINE 12 - LABILITIES DIRECTLY 11 by the business allocation percent- If the period covered by this report is AND INDIRECTLY ATTRIBUTA- age from Schedule F, Part 3 and enter other than a period of twelve calendar BLE TO BUSINESS CAPITAL the result on Schedule C, Part 3, line months, first calculate preliminary If the amount of liabilities directly and in- 3a. If the result is less than zero, enter amounts for lines 1a, 2a and 3a of this directly attributable to business capital zero. Enter the Boro, block and lot Part by filling in Schedule C, Parts 1 and exceeds the fair market value of business numbers for the taxpayer where indi- 2 without prorating. Before entering capital, STOP HERE. You do not owe cated on Schedule C, Part 3, line 3b these amounts on lines 1a, 2a and 3a of any tax on business capital. and complete line 3b. DO NOT com- this Part, multiply each amount by a frac- plete Schedule C, Part 2. All other tax- LINE 13 - LIABILITES DIRECTLY tion, the numerator of which is the num- payers must complete Schedule C, ATTRIBUTABLE TO INSURANCE ber of months or major parts thereof Part 2 AND UTILITY CAPITAL included in such period and the denomi- nator of which is twelve. Enter the amount of liabilities directly SCHEDULE C, PART 2 and indirectly attributable to Insurance COMPUTATION OF LIABILITIES AT- LINES 1a AND 1b and Utility Capital. TRIBUTABLE TO INVESTMENT CAPI- If the amount on Part 2, line 22 is less TAL AND WITHIN BUSINESS CAPITAL LINE 14 - LABILITIES DIRECTLY than zero, enter zero on lines 1a and 1b. (For more information see Finance ATTRIBUTABLE TO GENERAL Mem. 17-2 dated 03/02/2017) BUSINESS CAPITAL LINES 2a AND 2b Enter the liabilities directly attributable to LINE 1 - TOTAL LIABILITIES If the amount on Part 2, line 20 is greater “General Business Capital.” General Busi- Enter the total liabilities from line 6 of than zero, enter that amount on line 2a, ness Capital is Business Capital other than Schedule C, Part 1, above and multiply that amount by 0.075% and Insurance Capital and Utility Capital. enter the result on line 2b. If the amount |
Instructions for Form NYC-2 - 2022 Page 16 on Part 2, line 20 is not greater than zero, the election to allocate using weighted al- 1h. 25.0002 X 3.5 = 87.5007 enter zero on lines 2a and 2b. In all location factors, corporations that allocate 2c. 65.2206 X 93 = 6065.5158 cases, check the box(s) to indicate if the income and capital both inside and outside 3c. 35.6104 X 3.5 = 124.6364 capital is attributable to a utility corpora- of New York City must so allocate based 4. Sum of above = 6277.6529 tion or an insurance corporation. on their receipts factor: i.e. the percentage 5. divide line 4 by 100 of all receipts that are from sources inside Express as a percentage: 62.7765% LINE 3a New York City. See Administrative Code See the paragraph preceding the last para- sections 11-654(3)(a)(10)(x) and 11- AVIATION CORPORATIONS AND graph of the instructions to Schedule C, 654.2. These corporations as well as cor- CORPORATIONS OPERATING Part 1. porations that do not allocate income and VESSELS capital outside of New York City must Aviation corporations and corporations Multiply Schedule C, Part 1, line 11 by complete Schedule F, Part 1. operating vessels must complete this the business allocation percentage from Schedule F as well as Form NYC-2.5. Schedule F, Part 3 and enter the result on A corporation that has New York City re- The special allocation rules formerly this line. ceipts of $50,000,000 or less which allo- used to allocate the income of these cor- cates business income and business capital porations are now used in allocating the SCHEDULE D may make a one-time election to allocate receipts of these corporations on Form Computation of Investment Capital for business income and business capital using NYC-2.5. See the instructions for Form Current Year the same weighted three-factor weighted NYC-2.5 for more information. formula used to allocate income and capi- If you have investment capital (i.e. stock) tal for the 2017 tax year. Such election may ALTERNATIVE ALLOCATION you must complete Form NYC-2.1 and only be made during a corporations’ first METHOD enter on this Schedule D the amounts in- taxable year commencing on or after Jan- You cannot use an allocation method other dicated from Schedule E and Schedule F uary 1, 2018, and shall remain in effect than the formula basis set out in Schedule from Form NYC-2.1. until revoked by the corporation. To re- F without the consent of the Department SCHEDULE F voke the election, check the Revocation of Finance. In order to request consent to Business Allocation Box and complete Schedule F, Part 1. use a different method of allocation, a Once revoked, the election may not be written request, separate and apart from NOTE: Zip codes beginning with the made again. See Administrative Code sec- filing this return, must be submitted. For following three-digits are within the five tions 11-654(3)(a)(10)(xii) and 11- details on how to make such a request, go boroughs of New York City: 654(3)(a)(10)(ix). An eligible corporation to www.nyc.gov/finance. If the consent to which makes the weighted factor election Manhattan 100, 101, 102 use a different allocation method has not must check the appropriate box provided, Bronx 104 been obtained at the time of the filing of skip Schedule F, Part 1 and complete Brooklyn 112 the return, you must use the formula basis Schedule F, Part 2. For more information Queens 111, 113, 114, 116 set out in Schedule F and pay the tax in ac- on the weighted factor election, see below. cordance therewith. If the Department Staten Island 103 consents to your proposed alternative al- For taxable years beginning in or after 2018, In addition, the five-digit zip codes location method and it results in a lower electing corporations must use same weights 11004, 11005 and some addresses with a tax liability than the formula basis set out as used in the 2017 taxable year for the three zip code of 11001, 11040 and 11096 are in Schedule F, you may be entitled to factors as follows: 3.5% for property; 3.5% in the borough of Queens. If the zip code claim a refund of the excess amount you for wages; and 93% for receipts. Eligible is 11001, 11040 or 11096, consult the ad- have paid by filing an amended return and corporations making the weighted factor dress translator located on the City’s reporting the change in your tax liability election must check the appropriate box, skip website at: using the alternative allocation method. Schedule F, Part 1 and complete Schedule F, http://a030- goat.nyc.gov/goat/Default.aspx Part 2. The following example illustrates the PART 1 to determine if the corporation's address calculation of the business allocation per- LINE 1 is within New York City. centage using weighted factor formula: Enter on line 1, column A, the amount from Form NYC-2.5 line 54, column A. Example - Assume the percentages on A corporation is entitled to allocate part Enter on line 1, column B, the amount lines 1g, 2b and 3b are as follows: of its business income and capital outside from Form NYC-2.5 line 54, column B. New York City if it carries on business 1g. 25.0002% both inside and outside New York City, 2b. 65.2206% PART 2 LINES 1 AND 2 - or otherwise carries on business in New 3b. 35.6104% York City and less than 100% of its re- Property Factor ceipts are allocated to New York City. The amounts on lines 1h, 2c, 3c, 4 and 5 should be calculated as follows: When computing the property percentage, Except for eligible corporations that make value real and tangible personal property |
Instructions for Form NYC-2 - 2022 Page 17 owned by the corporation at the adjusted eral executive officers, regularly con- Question 2 basis used for federal income tax pur- nected with or working out of an office Enter your Secondary Business Code poses. However, you may make a one- or place of business maintained by the time revocable election to value real and taxpayer within New York City. For more Question 4 tangible personal property owned at fair information, please see 19 RCNY Section If the corporation is included in a consol- market value. You must make this elec- 11- 66(a)(4). idated federal return, give the name and tion on or before the due date (or extended EIN of the common parent corporation due date) for filing the taxpayer’s first General executive officers include the filing the consolidated return. Business Corporation Tax Return. This chairman, president, vice-president, sec- election will not apply to any taxable year retary, assistant secretary, treasurer, assis- Question 7 with respect to which the corporation is tant treasurer, comptroller, and any other Note: a Form NYC-3360 or Form NYC- included in a combined report unless each officer charged with the general executive 3360B, as applicably should be filed if of the corporations included on the com- affairs of the corporation. An executive the federal or New York State change in- bined report has made the election which officer whose duties are restricted to ter- volved a tax period beginning before Jan- remains in effect for such year. ritory either inside or outside of New York uary 1, 2015. For federal or state changes City is not a general executive officer. involving tax periods beginning on or LINE 1b - REAL ESTATE RENTED after January 1, 2015, please submit an The value of real property rented to the LINE 4 amended return for the tax period in- taxpayer is eight times the gross rent Taxpayers using Schedule F, Part 2 must volved. For more information see page 4 payable during the year covered by this add the values from lines 1h, 2c and 3c. of these instructions. return. Gross rent includes any amount Questions 10, 11a through 11d, 12 and 13 payable as rent or in lieu of rent, such as PART 3 If you answer “yes” to question 10, attach a taxes, repairs, etc., and, if there are lease- All taxpayers must complete Part 3 for separate sheet providing street address, bor- hold improvements made by or on behalf the return to be accepted. of the taxpayer, the amount of annual ough, block and lot number of such prop- amortization of such cost. Do not include If not allocating, enter 100%. erty. If you answer “yes” to questions 11b, 11c or 11d, complete questions 12 and 13. the rental of personal property on this line. If using Schedule F, Part 1, divide Part 1, LINE 1d - TANGIBLE PERSONAL line 1, column A by column B. Round the A controlling interest in the case of a cor- PROPERTY OWNED result to the nearest ten-thousandth of a poration means: Enter the average value of the tangible percentage point. 50% or more of the total combined vot- personal property owned. The term “tan- If using Schedule F, Part 2, divide Part 2 ing power of all classes of stock of such gible personal property” means corporeal line 4 by 100 if no factors are missing. If a corporation, or personal property, such as machinery, factor is missing, divide Part 2, line 4 by the 50% or more of the total fair market value tools, implements, goods and wares. Do total of the weights of the factors present. of all classes of stock of such corporation. not include cash, shares of stock, bonds, Note that a factor is not missing merely be- notes, credits, evidences of an interest in cause its numerator is zero, but is missing if Question 20 property, or evidences of debt. both its numerator and denominator are A corporation is deriving receipts from LINE 1e - TANGIBLE PERSONAL zero. Round the result to the nearest ten- activity in New York City if it has receipts PROPERTY RENTED thousandth of a percentage point. within the City of $1 million or more in Enter the average value of the tangible SCHEDULE G the tax year. Answer YES if you are sub- personal property you rented. The value ject to tax solely as a result of deriving re- Additional Required Information of rented tangible personal property is ceipts in New York City. eight times the gross rent payable during All questions must be answered. the year covered by this return. SCHEDULE H Question 1 Determination of Tax Rate Receipts Factor Please attach a schedule indicating all of the significant business activities of the LINE A LINES 2a, 2b AND 2c - RECEIPTS corporation both in New York City and Enter on line A the tax rate computed or Enter on line 2a, column A, the amount everywhere. State the broad fields of used below. from Form NYC-2.5 line 54, column A. business activities as well as the specific Enter on line 2a, column B, the amount products or services (e.g., mining copper, LINE B from Form NYC-2.5 line 54, column B. manufacturing cotton broad woven fab- Enter on this line the line number of the tax rate computed or used on line A. Payroll Factor ric, wholesale meat, retail men’s apparel, export or import chemicals, real estate LINES Ca AND Cb LINE 3a - WAGES AND SALARIES rental, or real estate operation of motel). Enter the amount on Schedule B, line 30 Employees within New York City gener- ally include all employees, except gen- on line Ca. If the amount on Schedule B, |
Instructions for Form NYC-2 - 2022 Page 18 line 30 does not include all your unallo- derived from receipts from the sale of corporated or organized under the laws of cated business income, including distrib- goods produced by such activities. any state, (e) a corporation organized under utive shares from partnerships, add those the provisions of 12 U.S.C. §§ 611 to 631, amounts to the amount on Schedule B, A “qualified New York manufacturing (f) an agency or branch or a foreign depos- line 30 and enter the resulting amount on corporation” is a manufacturing corpora- itory as defined in 12 U.S.C. § 3101, (g) a line Cb. This line Cb amount is to be used tion that has property described an Ad. registered securities or commodities broker in place of the amount on Schedule B, Code section 11-654(1)(k)(5) and either or dealer registered as such by the securities line 30 when determining the applicable (A) the adjusted basis of that property for and exchange commission or the com- tax rate on lines 1 through 12. Be sure to New York State tax purposes at the close modities futures trading commission, which attach an explanation. of the taxable year is at least $1,000,000 shall include an OTC derivatives dealer as or (B) more than 50% of its real and per- defined under regulations of the securities Generally Applicable Tax Rate sonal property is located in New York and exchange commission at title 17, part State. 240, section 3b-12 of the code of federal The generally applicable tax rate for Busi- regulations (17 CFR 240.3b-12), or (h) any ness Corporations other than Financial For qualified New York manufacturing corporation whose voting stock is more than Corporations as defined in Ad. Code sec- corporations, a lower tax rate will be ap- fifty percent owned, directly or indirectly, tion 11-654(1)(e)(1)(i) is 8.85 percent. plicable to any such corporation which by any person or business entity described However, special lower tax rates are appli- meets the income criteria set forth on line in subitems (a) through (g) of this item, cable to small corporations and Qualified 7 and lines 10 through 12 of this Schedule other than an insurance company taxable New York Manufacturing Corporations as H. The special lower tax rate will be de- under article thirty-three of the New York described below. For any tax rate calcu- termined in accordance with whichever of State Tax Law. See Ad. Code section 11- lated under lines 4 through 6 or lines 10 the above stated lines is applicable. 654(1)(e)(1)(i) through 12 of Schedule H, express the fi- nally determined rate as a percentage car- Financial Corporations The rate for financial corporations is 9.00 ried out and rounded to three (3) decimal percent as stated on line 13 of Schedule H. places – i.e.7.053%, not 7.1% or 7.05%. Under Subchapter 3-A of Chapter 6 of Title 11 of the Administrative Code a “financial PRIVACY ACT NOTIFICATION Special Lower Tax Rates for Small Cor- corporation” means a corporation or, if the The Federal Privacy Act of 1974, as porations corporation is included in a combined amended, requires agencies requesting So- group, a combined group, that (A) has total cial Security Numbers to inform individu- For corporations, other than financial assets reflected on its balance sheet at the als from whom they seek this information corporations (as defined in Ad. Code sec- end of its taxable year in excess of one hun- as to whether compliance with the request tion 11-654(1)(e)(1)(i)(A)), a lower tax dred billion dollars, computed under gener- is voluntary or mandatory, why the request rate may be applicable to any corporation ally accepted accounting principles and is being made and how the information will be used. The disclosure of Social Security that meets the income criteria set forth on (B)(I) allocates more than fifty percent of Numbers for taxpayers is mandatory and is line 1 or lines 4 through 6 of Schedule H. the receipts included in the denominator of required by section 11-102.1 of the Ad- The special lower tax rate will be deter- its receipts fraction, determined under Ad. ministrative Code of the City of New York. mined in accordance with whichever of Code section 11-654.2, pursuant to Ad. Such numbers disclosed on any report or the above stated lines is applicable. Code section 11-654.2(5) for its taxable return are requested for tax administration year, or (II) is itself or is included in a com- purposes and will be used to facilitate the Special Lower Tax Rates for Qualified bined group in which more than fifty per- processing of tax returns and to establish Manufacturing Corporations cent of the total assets reflected on its and maintain a uniform system for identi- balance sheet at the end of its taxable year fying taxpayers who are or may be subject to taxes administered and collected by the A “manufacturing corporation" is a corpo- are held by one or more corporations that Department of Finance, and, as may be re- ration principally engaged in the manufac- are classified as (a) registered under state quired by law, or when the taxpayer gives turing and sale of tangible personal law as a bank holding company or regis- written authorization to the Department of property. For this purpose, the term "man- tered under the Federal Bank Holding Com- Finance for another department, person, ufacturing" includes the process (including pany Act of 1956 (12 U.S.C. § 1841, et seq., agency or entity to have access (limited or the assembly process) (A) of working raw as amended), or registered as a savings and otherwise) to the information contained in materials into wares suitable for use or (B) loan holding company under the Federal his or her return. which gives new shapes, new qualities or National Housing Act (12 U.S.C. 1701, as new combinations to matter which already amended), (b) a national bank organized has gone through some artificial process by and existing as a national bank association the use of machinery, tools, appliances and pursuant to the provisions of the National other similar equipment. A corporation is Bank Act, 12 U.S.C. 21 et. seq., (c) a sav- "principally engaged" in the manufactur- ings association or federal savings bank as ing activities described above, if during the defined in the Federal Deposit Insurance taxable year, more than fifty (50) percent Act, 12 U.S.C. § 1813(b)(1), (d) a bank, of the gross receipts of the corporation are savings association, or thrift institution in- 2022 NYC-2 Instructions |