PDF document
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 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-



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 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, 



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 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-



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 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-



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 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 



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 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-       



- 7 -
 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.)  
                                                                                                  



- 8 -
 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 



- 9 -
 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). 



- 10 -
 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 



- 11 -
 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 



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 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.  



- 13 -
 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. 



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 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 



- 15 -
 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 
                                             



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 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 



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 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, 



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  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






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