Instructions for Form NYC-1 Banking Corporation Tax Return For fiscal years beginning in 2022 or for calendar year 2022 IMPORTANT INFORMATION REGARDING THE FILING OF NYC CORPORATE TAX RETURNS Pursuant to section 11-639 of the Administrative Code of the City of New York as amended by sections 4 and 5 of Part D of Chapter 60 of the Laws of 2015, for taxable years beginning on or after January 1, 2015, the Banking Corporation Tax is only applicable to Subchapter S Corporations and Qualified Subchapter S Subsidiaries. Therefore, only these types of corporations should file this return. All other corpora- tions should file a return on Form NYC-2 or, if included in a combined return, on Form NYC-2A. IMPORTANT INFORMATION CONCERNING FORM NYC-200V AND PAYMENT OF TAX DUE Payments may be made on the NYC Department of Finance website at nyc.gov/eservices, or via check or money order. If paying with check or money order, do not include these payments with your New York City return. Checks and money orders must be accompanied by payment voucher form NYC-200V and sent to the address on the voucher. Form NYC-200V must be postmarked by the return due date to avoid late payment penalties and interest. See form NYC-200V for more information. Highlights of Recent Tax Law Changes for Banking Corporations l For tax years beginning on or after January 1, 2021, eligible pass through entities may opt into the New York State Pass Through Entity Tax (“NYS PTET”) imposed under New York Tax Law Article 24-A. For tax years beginning on or after January 1, 2022, eligible New York City pass through entities may opt into the New York City Pass Through Entity Tax (“NYC PTET”) imposed under New York Tax Law Article 24-B. Taxpayers are required to add back to federal taxable income any NYC PTET, NYS PTET, and similar pass through entity taxes from other jurisdictions that were previously deducted when calculating federal taxable income. See section 11-641(b)(2) of the Administrative Code of the City of New York. l Section 4 of Chapter 555 of the Laws of 2022 added a new subdivision (t) to section 11-641 of the New York City Administrative Code, which excludes from entire net 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 tax- able 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 mandatory deemed repatriation income, foreign-derived intangible income (FDII), global intangible low-taxed income (GILTI), please refer to Finance Memorandum 18-10. For information about the IRC section 163(j) limitation on the busi- ness interest expense deduction, please refer to Finance Memorandum 18-11. GENERAL INFORMATION previous exceptions to the add-back requirement laws of a foreign country that has a tax treaty and adds two additional exceptions. Those four with the United States, the related member’s NOTE: This form may be used by federal exceptions generally can apply in following situa- income from the transaction was taxed in such Subchapter S Corporations and Qualified tions (for additional conditions that must be met, country at an effective rate of tax at least equal Subchapter S Subsidiaries only. If any instruc- see sections indicated below): to that imposed by this city, and the transaction tions appear to apply to C Corporations, they l If all or part of the royalty payment a related giving rise to the royalty was undertaken for a should be read to apply only to S corps and qual- member received was then paid to an unrelat- valid business purpose and reflected an arm's ified S subsidiaries. ed third party during the tax year, that portion length relationship. (Ad. Code section 11- of the payment will be exempt if the transac- 641(q)(2)(B)(iii)); or Royalty Payments to Related Members tion giving rise to the original royalty pay- l If the taxpayer and the Department of Finance For tax years beginning on or after January 1, ment to the related member was undertaken agree to alternative adjustments that more 2013, the Banking Corporation Tax has been for a valid business purpose, and the related appropriately reflect the taxpayer's income. amended to change the treatment of royalty pay- member was subject to tax on the royalty pay- (Ad. Code section 11-641(q)(2)(B)(iv)). ments to related members. Under prior law, tax- ment in this city or another city within the payers who made royalty payments to related enti- United States or a foreign nation or some The law as amended also defines the term “relat- ties were required to add back the amount of the combination thereof. (Ad. Code section 11- ed member” by linking it to the definition in payments to taxable income if they were deducted 641(q)(2)(B)(i)); Internal Revenue Code Sec. 465(b)(3)(c), but substituting 50 percent for the 10 percent owner- when calculating federal taxable income. To l If the taxpayer's related member paid an ship threshold. avoid double taxation, if the royalty recipient was aggregate effective rate of tax on the royalty also a New York taxpayer, the statute allowed the payment, to this city or another city within the Treatment of Credit Card Banks recipient to exclude the royalty income if the relat- United States or some combination thereof, ed member added back the deduction for the roy- that is not less than 80 percent of the rate of tax For tax years beginning on or after January 1, alty payment expense. that applied to the taxpayer under Ad. Code 2011, the Banking Corporation Tax has been amended to provide criteria by which banking section 11-643.5 for the tax year (Ad. Code Ad. Code section 11-641(q), as amended, elimi- corporations, engaged in the business of credit section 11-641(q)(2)(B)(ii)); nates the income exclusion previously allowed to card transactions and not otherwise doing busi- certain royalty recipients. It also modifies the two l If the related member is organized under the |
Instructions for Form NYC-1 - 2022 Page 2 ness in New York City, will be subject to the tax l for taxpayers subject to Ad. Code section 11- Based on the law changes above: if they meet certain criteria regarding credit card 641(i), the 20% of the excess of the New York customers or merchant customer contracts in the City bad debt deduction allowed pursuant to l The establishment and maintenance of a New City (“credit card banks”). (For more informa- Ad. Code section 11-641(i) over the amount York reserve for losses on loans is no longer tion, see “Who Must File,” below.) which would have been allowed if a bad debt necessary for thrift institutions (see Ad. Code reserve had been maintained for all tax years section 11-641(h)(6)). The law has also been amended concerning the on the basis of actual experience, formerly l Taxpayers ceasing to meet the definition of a inclusion of credit card banks in combined taken on line 14 (see Ad. Code section 11- thrift institution no longer need to include in returns. Under Ad. Code section 11-646(f)(2)(v), 641(b)(12)) ENI any amounts of their New York reserve if a bank is considered to be doing business in for losses (see Ad. Code section 11-641(h)(9)). New York City solely because it is a credit card The following subtractions from FTI are no bank, it will not be included in a combined return longer allowed when computing ENI: Net operating loss deduction under Ad. Code sec- with any other banking corporation or bank hold- tion 11-641(k-1) ing company that is exercising its corporate fran- l the recapture amount of the balance of the chise or doing business in this city, unless a com- reserve for losses on loans pursuant to IRC There is no longer a separate New York City bined return is necessary to properly reflect the section 585(c) that is included in FTI, former- deduction for bad debts allowed under either Ad. tax liability of the credit card bank, the banking ly taken on line 29 (see Ad. Code section 11- Code section 11-641(h) or 11-641(i) for tax years corporation, or the bank holding company. The 641(e)(13)) beginning on or after January 1, 2010. Therefore, the excess deduction specified in Ad. Code sec- credit card bank may be required to be included l the amount included in FTI as a result of a in a combined return with a non-taxpayer bank- tion 11-641(k-1)(3) allowed to augment the fed- recovery of a loan formerly taken on line 30 ing corporation or bank holding company if the eral net operating loss deduction allowed under (see Ad. Code section 11-641(e)(14)) non-taxpayer banking corporation or bank hold- IRC section 172, formerly included on 31c, para- ing company provides service or support to the l for banks subject to the provisions of IRC sec- graph (e), will no longer be permitted for loss credit card bank’s operations. (For more infor- tion 585(c) and not subject to Ad. Code 11- years beginning on or after January 1, 2010. Any mation, see the Instructions for Form NYC-1A, 641(h), the amount determined pursuant to Ad. excess deduction amounts from loss years begin- “Who May File Form NYC-1A.”) Code section 11-641(i), formerly taken on line ning before January 1, 2010, are not affected. 31(b) (see Ad. Code section 11-641(i)(1)) In addition, the law has been amended to provide Captive Real Estate Investment Trusts that, for allocation purposes, interest, fees and In addition, the establishment and maintenance of (REITs) and Regulated Investment certain penalties from bank, credit, travel and a New York reserve for losses on loans is no Companies (RICs) entertainment card receivables are considered to longer necessary for banks subject to the provi- be earned within the City if the mailing address of sions of Ad. Code section 11-641(i)(1) (see Ad. Captive REITs and RICs the card holder is in the City. Code section 11-641(i)(2)). For tax years beginning on or after January 1, Treatment of Bad Debt Deductions Thrift institutions (as defined in Ad. Code section 2009, the law has been amended to provide that a 11-641(h)(1)) captive REIT or RIC must generally be included For tax years beginning on or after January 1, in a combined return under the General 2010, the law has been amended to conform the The following addition to FTI is no longer required Corporation Tax (GCT) or Banking Corporation treatment of bad debt deductions under Banking when computing entire net income ENI: Tax (BCT). Under Ad. Code sections 11-601.12 Corporation Tax (BCT) to the treatment for feder- and 11-602.13, a REIT or RIC is a captive REIT al income tax purposes. Previously, in computing l any amount allowed as a deduction for federal or RIC if more than 50% of its voting stock is entire net income (ENI), the BCT generally income tax purposes pursuant to IRC sections owned or controlled, directly or indirectly, by a required that taxpayers add to federal taxable 166, 585, or 593, formerly taken on line 12 single corporation. Any voting stock held in a income (FTI) the amount allowed as a bad deduc- (see Ad. Code section 11-641(h)(2)) segregated asset account of a life insurance corpo- tion formerly, lines 12, 13, and 14 on the NYC-1, ration as described in Internal Revenue Code sec- The following subtraction from FTI is no longer Schedule B (unless otherwise noted, line refer- tion 817 is not taken into account for the purpose required when computing ENI: ences below are to Schedule B of NYC-1) and to of determining the percentage of stock ownership. subtract from FTI certain amounts relating to bad l the amount of a reasonable addition to a New As explained more below, if a corporation subject debts as provided under the BCT (formerly, lines York reserve for bad debts, formerly taken on to the BCT directly owns over 50% of the voting 29, 30, 31a, and 31b). As amended, taxpayer will line 31a (see Ad. Code section 11-641(h)(3)) stock of a captive REIT or RIC or is the “closest no longer make those additions and subtractions to controlling shareholder” of a captive REIT or FTI relating to bad debts, and those lines have been In addition, the following subtraction from FTI is RIC, then the captive REIT or RIC must be eliminated. The amendments will also affect no longer allowed when computing ENI for included in a combined return under the BCT with amounts on certain other lines. The amendments banks that currently are, or previously had been, that corporation. For these purposes, the “closest apply to thrift institutions (as defined in Ad. Code subject to the bad debt provisions of Ad. Code controlling stockholder” means the corporation: section 11-641(h)(1)) and to other banks. section 11-641(h): (a) that indirectly owns or controls over 50% of Banks other than thrift institutions l any amount included in FTI pursuant to IRC the voting stock of a captive REIT or RIC, (b) is section 593(e)(2), and any amount included as subject to tax under the GCT or BCT or otherwise The following additions to FTI are no longer a result of a recovery of or termination from required to be included in a combined return or required when computing ENI: the use of a bad debt reserve as defined in IRC report under the GCT or BCT and (c) is the fewest section 593 as in existence on December 31, tiers of corporations away in the ownership struc- l the bad debt amount allowed as a deduction 1995, as a result of federal legislation enacted ture from the captive REIT or RIC. pursuant to Internal Revenue Code (IRC) sec- after December 31, 1995, formerly included If a captive REIT or RIC is required to be includ- tion 166, formerly taken on line 13 (see Ad. on line 32 (see Ad. Code section 11- ed in a combined return under the BCT, it will be Code section 11-641(b)(11)) 641(h)(15)) |
Instructions for Form NYC-1 - 2022 Page 3 subject to tax under the BCT and will not be sub- RIC must be included in that combined In computing entire net income, the deduction under ject to tax under the GCT, and, as a result, must file return with those corporations. the IRC for dividends paid by the captive REIT or an NYC-1 return. Ad. Code section 11-640(d). RIC to any member of the affiliated group that (f) A captive REIT or RIC must not be included includes the corporation that directly or indirectly Requirement to be Included in a Combined in a combined return or report under the BCT owns over 50% of the voting stock of the captive Return under the BCT or GCT if a banking corporation or bank hold- REIT or RIC must be included in the federal taxable A captive REIT or RIC must be included in a ing company that directly or indirectly owns income of the captive REIT or RIC. This addback combined return under the BCT under the fol- or controls over 50% of the voting stock of the will be phased in over three years. For tax years lowing conditions: captive REIT or RIC and is the closest con- beginning on or after January 1, 2009, and before trolling stockholder of the captive REIT or January 1, 2011, 75% of the amount deducted on the (a) A captive REIT or a RIC must be included in RIC is a member of an affiliated group (1) that REIT or RIC’s federal return must be added back. a combined return with the banking corpora- does not include any corporation that is For tax years beginning on or after January 1, 2011, tion or bank holding company that directly engaged in a business that a subsidiary of a 100% of the amount deducted on the REIT or owns or controls over 50% of the voting stock bank holding company would not be permit- REITs federal return must be added back. The term of the captive REIT or RIC if that banking cor- ted to be engaged in, unless the business is de “affiliated group” is defined in IRC section 1504 poration or bank holding company is subject to minimus, and (2) whose members own assets without regard to the exceptions of 1504(b). tax or required to be included in a combined the combined average of which does not return under the BCT. exceed $8 billion. In that instance, the captive WHO MUST FILE REIT or RIC is subject to the provisions of The Banking Corporation Tax Law imposes a tax (b) If over 50% of the voting stock of a captive Ad. Code section 11-603.7 or 11-603.8. The on every banking corporation for the privilege of REIT or RIC is not directly owned or con- term affiliated group is defined in IRC section doing business in New York City in a corporate or trolled by a banking corporation or bank 1504 without regard to the exceptions of organized capacity for all or any part of its taxable holding company that is subject to tax or 1504(b). year. It also imposes the tax on bank holding com- required to be included in a combined return panies, captive real estate investment trusts under the BCT, then the captive REIT or RIC Computation of Tax for Captive (REITs), and captive regulated investment compa- must be included in a combined return or REITs and RICs report under the BCT with the corporation nies (RICs) when included in a combined return. that is the “closest controlling” stockholder In the case of a combined return under the BCT, For tax years beginning on or after January 1, of the captive REIT or RIC if it is subject to the tax is measured by the combined entire net 2015, the Banking Corporation Tax Law is only the BCT. income, combined alternative entire net income, applicable to federal S corporations and qualified or combined taxable assets of all the corporations Subchapter S subsidiaries. (c) If the corporation that directly owns or con- included in the return, including any captive trols the voting stock of the captive REIT or REIT or RIC. Banking corporations that have made an election captive RIC is a corporation organized under under Subchapter S of the Internal Revenue Code the laws of a foreign country and not permit- In the case where a captive REIT is required are subject to tax as if no S election were made. ted to make a combined return as provided in under Ad. Code section 11-646(f) to be included Ad. Code §11-641(a)(4) and (5). Ad. Code section 11-646(f)(4)(ii), then the in a combined return, “entire net income” means captive REIT or captive RIC must determine real estate investment trust taxable income as Included as banking corporations are the following: the closest controlling shareholder under Ad. defined in IRC section 857(b)(2) (as modified by Code section 11-646(f)(2) to be included in a section 858), plus the capital gains amount tax- A. New York State banking corporations - combined return with that corporation. If the able under IRC 857(b)(3), subject to the modifi- Every corporation organized under the laws corporation that is the closest controlling cations to entire net income required by Ad. Code of New York State which is authorized to do stockholder of the captive REIT or captive section 11-641. or is doing a banking business is a banking corporation. Such corporations include, but RIC is a corporation not permitted to make a In the case where a RIC is required under Ad. are not limited to, commercial banks, trust combined return, then that corporation is Code section 11-646(f) to be included in a com- companies, limited purpose trust companies, deemed to not be in the ownership structure bined return, “entire net income” means invest- subsidiary trust companies, savings banks, of the captive REIT or captive RIC, and the ment company taxable income as defined in savings and loan associations, agreement closest controlling stockholder will be deter- IRC section 852(b)(2) (as modified by section corporations, and the New York Business mined under Ad. Code section 11-646(f)(2) 855), plus the capital gains amount taxable Development Corporation. Also included as without regard to that corporation. under IRC section 852(b)(3), subject to the a banking corporation is the New York State modifications to entire net income required by Mortgage Facilities Corporation. (d) If a captive REIT owns the stock of a quali- Ad. Code section 11-641. fied REIT subsidiary (as defined in IRC sec- B. Banking corporations organized under the tion 856(i)(2) ), then the qualified REIT sub- Under Ad. Code section 11-641(e)(16), a deduc- laws of another state - Every corporation sidiary must be included in any combined tion is allowed in determining entire net income, organized under the laws of another state or return required to be made by the captive to the extent not deductible in determining feder- country which is doing a banking business is REIT that owns its stock. al taxable income, for 100% of dividend income a banking corporation. Such corporations (e) If a captive REIT or a RIC is required by any from subsidiary capital received during the tax- include, but are not limited to, commercial of the conditions set out herein to be includ- able year. The dividend income must be directly banks, trust companies, savings banks, sav- ed in a combined return with another corpo- attributable to a dividend from a captive REIT or ings and loan associations and agreement ration, and that other corporation is required RIC for which the captive REIT or RIC claimed corporations. to be included in a combined return with a federal dividends paid deduction and that cap- another corporation under other provisions tive REIT or RIC is included in a combined C. Banking corporations organized under the of Ad. Code 11-646(f), the captive REIT or return or report under the BCT. laws of the United States - Every National |
Instructions for Form NYC-1 - 2022 Page 4 Banking Association, Federal Savings Bank, ed if the conditions in Ad. Code section 11- occupy the time or labor of people for profit. In Federal Savings and Loan Association and 640(m) are met (see “Termination of GCT determining whether or not a corporation is doing every other corporation or association organ- Tax Status under Transitional Provisions,” business in New York City, consideration is given ized under the authority of the United States above). to such factors as: the nature, continuity, frequen- (including an Edge Act corporation) which is cy and regularity of the activities of the corporation doing a banking business is a banking corpo- E. Credit Card Banks - Effective for tax years in New York City; the location of the corporation’s ration. Also classified as a banking corpora- beginning on or after January 1, 2011, the law offices and other places of business; the employ- tion is every production credit association has been amended to provide criteria under ment in New York City of agents, officers and organized under the Federal Farm Credit Act which a banking corporation, not otherwise employees of the corporation; and other relevant of 1933 which is doing a banking business doing business in New York City, will be factors. Activities which constitute doing business and all of whose stock held by the Federal considered to be doing business in this city in in New York City include operating a branch, loan Production Credit Corporation has been a corporate or organized capacity and, there- production office, representative office or a bona retired. fore, be subject to the Banking Corporation fide office in New York City. Activities which do Tax. Under Ad. Code section 11-639(c), a not constitute doing business in New York City D. Corporations owned by a bank or a bank banking corporation is doing business in New include occasionally acquiring a security interest in holding company - Every corporation York City for a taxable year if it satisfies any real or personal property located in New York City, which is principally engaged in a business one of the following criteria: occasionally acquiring title to property located in which: (a) It has issued credit cards to 1,000 or New York City through foreclosure of a security 1) might lawfully be conducted by a cor- more customers who have a mailing interest, or the mere holding of meetings of the poration subject to Article 3 of the New address within New York City as of the board of directors in New York City. York State Banking Law or by a last day of its taxable year. national banking association, or DEFINITION OF BANKING BUSINESS (b) It has merchant customer contracts with The phrase “banking business” means the busi- 2) is so closely related to banking or man- merchants to whom the banking corpo- ness a corporation may be created to do under aging or controlling banks as to be a ration remitted payments for credit card Article 3 (Banks and Trust Companies), Article 3- proper incident thereto as defined in transactions during the taxable year and B (Subsidiary Trust Companies), Article 5 section 4(c)(8) of the Federal Bank the total number of locations covered by (Foreign Banking Corporations and National Holding Company Act of 1956, as those contracts equals 1,000 or more Banks), Article 5-A (New York Business amended, or locations in New York City. Development Corporation), Article 6 (Savings Banks) or Article 10 (Savings and Loan 3) holds and manages investment assets, (c) It has receipts of $1,000,000 or more in Associations) of the New York State Banking including but not limited to bonds, the taxable year from its customers who Law, or the business a corporation is authorized to notes, debentures, and other obliga- have been issued credit cards by the do by such articles. With respect to a national tions for the payment of money, stocks, banking corporation and have a mailing banking association, federal savings bank, federal partnership interests or other equity address within New York City. savings and loan association or production credit interests, and other investment securi- ties, (d) It has receipts of $1,000,000 or more in association, the phrase “banking business” means the taxable year arising from merchant the business a national banking association, feder- is a banking corporation, provided such cor- customer contracts with merchants relat- al savings bank, federal savings and loan associa- poration’s voting stock is 65% or more ing to locations in New York City. tion or production credit association may be creat- ed to do or is authorized to do under the laws of owned or controlled directly or indirectly by (e) For the taxable year, the sum of the the United States or the laws of New York State. a banking corporation described above or a number of customers described in cri- bank holding company. terion (a) plus the number of locations The phrase “banking business” also means such business as any corporation organized under the Under Ad. Code section 11-640(d)(2), a covered by its contracts described in 65% or more owned corporation which was criterion (b) equals 1,000 or more, or authority of the United States or organized under subject to tax under Part II of Title R of the total amount of its receipts the laws of any other state or country has authority Chapter 46 of the Administrative Code (the described in criterion (c) and criterion to do which is substantially similar to the business NYC General Corporation Tax) for its tax- (d) equals $1,000,000 or more. which a corporation may be created to do under Article 3, 3-B, 5, 5-A, 6 or 10 of the New York State able year ending in 1984 and which had For purposes of the above: Banking Law, or any business which a corporation made a timely election to continue to be tax- able under the General Corporation Tax l The term credit card includes bank, credit, is authorized to do by such article. (now codified as Subchapter 2 of Chapter 6 travel, and entertainment cards. of Title 11 of the Administrative Code) for DEFINITION OF A BANK HOLDING its taxable year ending in 1985, continues to l Receipts from processing credit card trans- COMPANY be taxable under the General Corporation actions for merchants include merchant dis- The phrase “bank holding company” means: Tax Law until the election is revoked by the count fees received by the credit card bank. l a corporation subject to Article 3-a of the New York State Banking Law; taxpayer. In no event can the election be l Taxable year means the taxpayer's taxable revoked for part of the tax year. The revoca- l a corporation registered under the Federal year for federal income tax purposes. tion is made by the filing of a Banking Bank Holding Company Act of 1956, as Corporation Tax Return pursuant to DEFINITION OF DOING BUSINESS amended; or Subchapter 3 of Chapter 6 of Title 11 of the WITHIN NEW YORK CITY Administrative Code. An election under Ad. The phrase “doing business” is used in a compre- l a corporation registered as a savings and loan Code section 11-640(d)(2) will be terminat- hensive sense and includes all activities which holding company (excluding a diversified |
Instructions for Form NYC-1 - 2022 Page 5 savings and loan holding company) under the Form NYC-200V only to: agency making the Tax Base Changes also Federal National Housing Act, as amended. checked. Taxpayers must file an amended NYC Department of Finance return for Tax Base Changes within 90 days DEFINITION OF AN ALIEN P.O. Box 3933 (120 days for taxpayers filing a combined CORPORATION New York, NY 10008-3933 report) after (i) a final determination on the part of the IRS or DTF, (ii) the signing of a waiver The phrase “alien corporation” means a corpora- Returns claiming refunds: under IRC §6312(d) or NY Tax Law §1081(f), tion organized under the laws of a country other than the United States. NYC Department of Finance or (iii) the IRS’ allowance of a tentative adjust- P.O. BOX 5563 ment based on a an NOL carryback or a net cap- DEFINITION OF AN INTERNATIONAL Binghamton, NY 13902-5563 ital loss carryback. BANKING FACILITY (IBF) AUTOMATIC EXTENSIONS If the taxpayer believes that any Tax Base The phrase “international banking facility” An automatic extension of six months for filing Change is erroneous or should not apply to its means an international banking facility located this return will be allowed if, by the original due City tax calculation, it should not incorporate in New York State. The phrase has the same date, the taxpayer files with the Department of that Tax Base Change into its City tax calcula- tion on its amended return. However, the tax- meaning as is set forth in the New York State Finance an application for automatic extension payer must attach: (i) a statement to its report Banking Law or regulations promulgated there- on Form NYC-EXT and pays the amount proper- that explains why it believes the adjustment is under or as is set forth in the laws of the United ly estimated as its tax. See the instructions for erroneous or inapplicable; (ii) the explanatory States or regulations of the Board of Governors Form NYC-EXT for information regarding what tax worksheet that identifies each Tax Base of the Federal Reserve System. constitutes a properly estimated tax for this pur- Change and shows how each would affect its See Schedule F instructions for information on pose. Failure to pay a properly estimated amount City tax calculation; and (iii) a copy of the IRS the IBF modification method and the IBF alloca- will result in a denial of the extension. and/or DTF final determination, waiver, or tion method. notice of carryback allowance. A taxpayer with a valid six-month automatic ALLOCATION extension filed on Form NYC-EXT may request For more information on federal or state Tax A corporation which is doing business both up to two additional three-month extensions by Base Changes, including a more expansive within and without New York City is entitled to filing Form NYC-EXT.1 . A separate Form NYC- explanation of how taxpayers must report these changes as well as samples of tax worksheets to allocate its entire net income, alternative entire EXT.1 must be filed for each additional three- be included within the amended return, see net income, taxable assets, and issued capital month extension. Finance Memorandum 17-5, revised and dated stock within and without New York City. A cor- 10/10/2018. poration which is not doing business outside Mail both NYC-EXT and NYC-EXT.1 to the New York City must allocate its entire net address indicated on the form. These forms may To report changes in taxable income or other income, alternative entire net income, taxable be electronically filed. tax base made by the Internal Revenue Service assets and issued capital stock 100% to New and /or New York State Department of Taxation FEDERAL OR NEW YORK STATE and Finance for taxable years beginning prior to York City. However, a corporation that has an CHANGES January 1, 2015, the Form NYC-3360B should international banking facility (IBF) located in For taxable years beginning on or after January still be used. New York State may elect to reflect the results 1, 2015, changes in taxable income or other tax of its IBF operations in its entire net income base made by the Internal Revenue Service Special short-period returns: If this is NOT a allocation percentage and in its alternative (“IRS”) and /or New York State Department of final return and your federal return covered a entire net income allocation percentage. Taxation and Finance (“DTF”) will no longer be period of less than 12 months as a result of your reported on form NYC-3360B. Instead, taxpay- joining or leaving a federal consolidated group COMBINED RETURN ers must report these federal or state changes to or as a result of a federal IRC §338 election, this In all cases where a combined return is permit- taxable income or other tax base by filing an return generally will be due on the due date for ted or required, a completed Form NYC-1 must amended return. This amended return must be filed by each corporation included in the include the DOF tax worksheet that identifies the federal return and not on the date noted each change to the tax base (“Tax Base above. Check the box on the front of the combined return. Change”) and shows how each such Tax Base return. Change affects the taxpayer’s calculation of its COPY OF FEDERAL RETURN New York City tax. Templates for the tax work- SIGNATURE Attach a copy of federal Form 1120S, including sheets are available on the DOF website at This report must be signed by an officer author- all attachments, and any other returns or informa- nyc.gov/finance. This amended return must also ized to certify that the statements contained here- tion requested in this return. include a copy of the IRS and/or DTF final in are true. determination, waiver, or notice of carryback WHERE AND WHEN TO FILE allowance. Taxpayers that have federal and PREPARER AUTHORIZATION: If you want The due date for filing is on or before March 15, state Tax Base Changes for the same tax period to allow the Department of Finance to discuss your 2022, or, for fiscal year taxpayers, on or before may report these changes on the same amended return with the paid preparer who signed it, you the 15th day of the 3rd month following the close return that includes separate explanatory tax must check the "Yes" box in the signature area of of the fiscal year. worksheets for the IRS Tax Base Changes and the return. This authorization applies only to the the DTF Tax Base Changes. Note that for tax- individual whose signature appears in the All returns, except refund returns: able years beginning on or after January 1, 2015, "Preparer's Use Only" section of your return. It DTF Tax Base Changes may include changes does not apply to the firm, if any, shown in that sec- NYC Department of Finance that affect income or capital allocation. tion. By checking the "Yes" box, you are authoriz- P.O. BOX 5564 Binghamton, NY 13902-5564 The Amended Return checkbox on the return is ing the Department of Finance to call the preparer to be used for reporting an IRS or DTF Tax to answer any questions that may arise during the Remittances - Pay online with Form NYC-200V Base Changes, with the appropriate box for the processing of your return. Also, you are authoriz- at nyc.gov/eservices, or Mail payment and ing the preparer to: |
Instructions for Form NYC-1 - 2022 Page 6 l give the Department any information missing LINE 4 mined with regard to extension), add to the from your return, Enter the fixed minimum tax of $125. tax (less any payments made on or before the due date) 5%, up to a total of 25%. l call the Department for information about the LINE 5 - TAX processing of your return or the status of your Enter the largest of the taxes computed on lines 1 b) If this form is filed more than 60 days late, refund or payment(s), and through 4. the above late filing penalty will not be less l respond to certain notices that you have than the lesser of (1) $100 or (2) 100% of the shared with the preparer about math errors, LINE 6 - UBT PAID CREDIT amount required to be shown on the form offsets, and return preparation. The notices Enter the credit against the Banking (less any payments made by the due date or will not be sent to the preparer. Corporation Tax for Unincorporated Business credits claimed on the return). Tax paid by partnerships from which you You are not authorizing the preparer to receive receive a distributive share or guaranteed pay- c) A late payment penalty is assessed if you any refund check, bind you to anything (including ment that you include in calculating Banking fail to pay the tax shown on this form by the any additional tax liability), or otherwise represent Corporation Tax liability on either the entire net prescribed filing date, unless the failure is you before the Department. The authorization income or alternative entire net income base. due to reasonable cause. For every month cannot be revoked, however, the authorization will Attach Form NYC-9.7B. or partial month that your payment is late, automatically expire no later than the due date add to the tax (less any payments made) (without regard to any extensions) for filing next LINE 8a - REAP CREDIT 1/2%, up to a total of 25%. year's return. Failure to check the box will be Corporations claiming the Relocation and deemed a denial of authority. Employment Assistance Program (REAP) credit d) The total of the additional charges in aand must enter the amount shown on line 11 of Form c may not exceed 5% for any one month NYC-9.5. except as provided for in b. SPECIFIC INSTRUCTIONS LINE 8b - LMREAP CREDIT If you claim not to be liable for these additional Check the appropriate box on page 1 of this form Corporations claiming the Lower Manhattan charges, attach a statement to your return explain- if, on your federal return: (i) you reported bonus Relocation and Employment Assistance Program ing the delay in filing, payment or both. depreciation and/or a first year expense deduction (LMREAP) credit must enter the amount shown under IRC §179 for "qualified Resurgence Zone on line 11 of Form NYC-9.8. LINE 19 - TOTAL REMITTANCE property," regardless of whether you are required If the amount on line 13 is greater than zero or the to file form NYC-399Z, or (ii) you replaced prop- LINE 10a - AUTOMATIC EXTENSION amount on line 17 is less than zero, enter the sum erty involuntarily converted as a result of the Use this line if you have filed an application for of the amount on line 13 and the amount by attacks on the World Trade Center during the five automatic extension on Form NYC-EXT. Enter which line 16 exceeds the amount on line 14. (5) year extended replacement period. You must amount from line 2 of Form NYC-EXT. After completing this return, enter the amount of attach federal forms 4562, 4684 and 4797 to this return. See instructions for Schedule B, lines 8 LINE 10b your remittance on line A. Remittances must be and 15 for more information. If the tax on line 9 exceeds $1,000 and Form made payable to the order of NYC DEPARTMENT OF FINANCE. NYC-EXT was not filed, a mandatory first Check the appropriate box on page 1 of this form installment of estimated tax is required for the LINE 20 - ISSUER’S ALLOCATION if you are a captive real estate investment trust period following that covered by this return. PERCENTAGE (REIT) or a captive regulated investment compa- Enter 25% of the amount on line 9. Every corporation subject to tax under Part 4 of nies (RIC). Subchapter 3, Chapter 6, Title 11 of the LINE 12 - PREPAYMENTS Administrative Code, including each corporation Special Condition Codes Enter the sum of all estimated tax payments made included in a combined return, must compute its Check the Finance website for applicable spe- for this tax period, the payment made with the issuer’s allocation percentage on a separate basis. cial condition codes. If applicable, enter the two extension request, if any, and both the carryover The issuer’s allocation percentage cannot be character code in the box provided on the form. credit and the first installment reported on the less than zero. prior tax period’s return. This figure should be SCHEDULE A obtained from the Composition of Prepayments A banking corporation, as defined in section 11- Computation of Tax Schedule on page 6 of Form NYC-1. 640(a)(1) through (8) of Title 11 of the Administrative Code, organized under the laws of LINE 1 - ALLOCATED TAXABLE ENTIRE LINE 15a - LATE PAYMENT - INTEREST the United States, New York State, or any other NET INCOME If the tax due is not paid on or before the due date state, must enter as its issuer’s allocation per- Enter allocated taxable entire net income com- (determined without regard to any extension of centage the alternative entire net income alloca- puted in Schedule B, line 31, and multiply by the time), interest must be paid on the amount of the tion percentage computed on Form NYC-1, tax rate of 9% (.09). underpayment from the due date to the date paid. Schedule G, part 2, line 5, rounded to the nearest For information regarding interest rates, visit the one hundredth of a percentage point. LINE 2 - ALLOCATED TAXABLE Finance website at nyc.gov/finance or call 311. ALTERNATIVE ENTIRE NET INCOME If calling from outside of the five NYC boroughs, A banking corporation, as defined in section 11- Enter allocated taxable alternative entire net please call 212-NEW-YORK (212-639-9675). 640(a)(2) of Title 11 of the Administrative Code, income computed in Schedule C, line 6, and mul- organized under the laws of a country other than tiply by the tax rate of 3% (.03). LINE 15b - LATE PAYMENT OR LATE the United States, must enter as its issuer’s alloca- FILING/ADDITIONAL CHARGES tion percentage the percentage determined by LINE 3 - ALLOCATED TAXABLE ASSETS a) A late filing penalty is assessed if you fail dividing gross income within New York City by Enter allocated taxable assets computed on to file this form when due, unless the failure worldwide gross income rounded to the nearest Schedule D, line 4, and multiply by the appropri- is due to reasonable cause. For every month one hundredth of a percentage point. ate tax rate from the chart following Schedule D. or partial month that this form is late (deter- |
Instructions for Form NYC-1 - 2022 Page 7 A banking corporation, as defined in section 11- duct of a trade or business in the U.S. pursuant ilar taxes from other jurisdictions (other than New 640(a)(9) of Title 11 of the Administrative Code, to section 864 of the IRC, but which are exclud- York City) deducted when calculating federal tax- or a bank holding company which is included in ed from federal taxable income, and any other able income. (Attach a schedule listing each locality a combined return under the Banking income not included on line 1 which would be and the amount of all those taxes deducted on your Corporation Tax Law must enter as its issuer’s treated as effectively connected with the con- federal return). allocation percentage the percentage determined duct of a trade or business in the U.S. pursuant by dividing business and subsidiary capital allo- to section 864 of the IRC were it not excluded LINE 7a - NYC CORPORATION TAX cated to New York City by total worldwide capi- from gross income pursuant to section 103(a) of Enter all taxes imposed under the City Corporation tal rounded to the nearest one hundredth of a per- the IRC. Tax Law (Subchapters 2, 3 and 3-A, Chapter 6 of centage point. Title 11 of the Administrative Code) deducted in LINE 2b - OTHER INCOME computing federal taxable income. SCHEDULE B For tax years beginning on or after January 1st, Computation and Allocation of Entire 2015, this line is no longer applicable because LINE 7b – NEW YORK CITY Net Income alien corporations cannot be Subchapter S corpo- PASS THROUGH ENTITY TAX rations and are subject to the Business For tax years beginning on or after January 1, LINE 1 - FEDERAL TAXABLE INCOME Corporation Tax. 2022, eligible New York City pass through entities Enter federal taxable income before net operating may opt into the NYC PTET imposed under New loss and special deductions. Alien corporations enter any other income not York Tax Law Article 24-B. Pursuant to included on line 1 or line 2a which is effectively Administrative Code section 11-641(b)(2), taxpay- Federal S corporation taxpayers subject to the connected with the conduct of a trade or business ers subject to the Banking Corporation Tax are Bank Tax must complete form NYC-ATT-S- in the U.S. pursuant to section 864 of the IRC, but required to add back NYC PTET deducted in cal- CORP, calculation of Federal Taxable Income for which is exempt from federal income tax under culating federal taxable income. Enter on line 7b S corporations and include it with their Form any treaty obligation of the U.S. the amount of NYC PTET deducted when calcu- NYC-1. lating federal taxable income. LINES 3a AND 3b - NONTAXABLE NOTE: The charitable contribution deduction DIVIDENDS/INTEREST LINE 8 - FEDERAL DEPRECIATION from federal Form 1120S, Schedule K, line 12a Corporations organized under the laws of the ADJUSTMENT may not exceed 10% of the sum of lines 1 through U.S. or any of its states enter on line 3a dividends Enter total amount of federal depreciation adjust- 12d (other than line 12a) of Schedule K. (including IRC section 78 gross-up dividends) ment from Forms NYC-399 and NYC-399Z, Corporations filing federal returns on a consoli- and on line 3b interest on any kind of stock, secu- Schedule C, column A, line 8. dated basis enter the federal taxable income rities or indebtedness which was excluded from (before net operating loss and special deductions) federal taxable income. Include all interest on LINE 9 - SAFE HARBOR LEASES that would have been reported if a separate feder- state and municipal bonds and obligations of the Enter any amount claimed as a deduction in com- al return had been filed. U.S. and its instrumentalities. puting federal taxable income solely as a result of an election made pursuant to the provision of IRC Attach a copy of the consolidated federal return LINE 5 - INCOME TAXES section 168(f)(8) (relating to Safe Harbor Leases) with spreadsheets or work papers supporting the Enter any taxes on or measured by income or as it was in effect for agreements entered into prior federal consolidated return. profit paid or accrued to the United States, any of to January 1, 1984. its possessions or any foreign country, which Banking corporations electing under Subchapter were deducted in computing federal taxable LINE 10 S of the Internal Revenue Code must compute a income on line 1. Do not include pass through Enter any amount which the taxpayer would have federal taxable income for this purpose as if no S entity taxes, including the NYS PTET and NYC been required to include in the computation of its or QSSS election were made. See Ad. Code §11- PTET, on this line. federal taxable income had it not made the elec- 641(a)(4) or (5). tion permitted pursuant to the provisions of IRC LINE 6a - NYS FRANCHISE TAX section 168(f)(8) (relating to Safe Harbor Leases) If you are a captive REIT, enter REIT taxable Enter all New York State franchise taxes imposed as it was in effect for agreements entered into prior income as defined in IRC section 857(b)(2), as under Articles 9, 9-A, 13-A and 32 which were to January 1, 1984. modified by IRC section 858, plus the amount deducted in computing federal taxable income. under IRC section 857(b)(3). If you are a captive Include the New York State Metropolitan LINE 11 RIC, enter investment company taxable income Transportation Business Tax surcharge and the MTA Enter any amount claimed as a deduction in com- as defined in IRC section 852(b)(2), as modified Payroll Tax (New York State Tax Law, Art. 23). puting federal taxable income previously allowed by IRC section 855, plus the amount taxable as a deduction under Title 11, Chapter 6, under IRC section 852(b)(3). LINE 6b NYS PASS THROUGH ENTITY Subchapter 3, Parts 1 and 2 of the Administrative TAX AND SIMILAR TAXES FROM Code. LINE 2a - DIVIDENDS/INTEREST OTHER JURISDICTIONS For tax years beginning on or after January 1st, For tax years beginning on or after January 1, 2021, LINE 12 2015, this line is no longer applicable because eligible pass through entities may opt into the NYS A taxpayer that makes an adjustment to federal alien corporations cannot be Subchapter S corpo- PTET Tax imposed under New York Tax Law taxable income on line 26 must add any income rations and are subject to the Business Article 24-A. Pursuant to Administrative Code sec- the IBF received from foreign branches of the Corporation Tax. tion 11-641(b)(2), Banking Corporation Tax taxpay- taxpayer which is included on line 5 of Schedule ers are required to add back NYS PTET deducted F that is not included in federal taxable income. Alien corporations enter dividends and interest from federal taxable income. Taxpayers are also For tax years beginning on or after August 1, on any kind of stock, securities or indebtedness required to add back to federal taxable income simi- 2002, corporations that are partners in partner- which are effectively connected with the con- lar pass through entity taxes from other jurisdictions. ships that receive at least eighty percent of their Enter on line 6b the amount of NYS PTET and sim- |
Instructions for Form NYC-1 - 2022 Page 8 gross receipts from providing mobile telecommu- LINE 20 from each subsidiary to the extent included in nications services must exclude their distributive Enter the portion of wages and salaries paid or federal taxable income on line 1. Subsidiary share of income and gains from any such partner- incurred for the taxable year for which a deduc- gains must be offset by subsidiary losses. If sub- ship, including their share of separately reported tion is not allowed pursuant to the provisions of sidiary gains exceed subsidiary losses, the net items, from their federal taxable income reported section 280C of the Internal Revenue Code . gain is multiplied by 60%. If subsidiary losses on line 1. Attach Federal Form 5884 or any other applica- exceed subsidiary gains, enter “0” on line 24. ble federal form. Add back payments for the use of intangibles LINE 25 - INTEREST INCOME made to related members as required by Ad. Code LINE 21 - FDIC, FSLIC, OR RTC AMOUNT Attach a rider showing a breakdown of interest section 11-641(q). See "Royalty Payments to Enter any amount of money or other property income on obligations of New York State, its polit- Related Members," above. (whether or not evidenced by a note or other ical subdivisions and obligations of the U.S. The With respect to property placed in service in tax- instrument) received from the following: the term “obligation” refers to obligations incurred in able years beginning before January 1, 1981, tax- Federal Deposit Insurance Corporation (FDIC) or the exercise of the borrowing power of New York payers using a different adjusted basis, or a dif- the Resolution Trust Corporation (RTC) under 12 State or any of its political subdivisions or of the ferent method of depreciation, for City tax pur- USC section 1823(c); or the Federal Savings and United States. The term “obligation” does not poses than for federal tax purposes must make Loan Insurance Corporation (FSLIC) under for- include obligations held for resale in connection appropriate additions to federal taxable income. mer section 406(f)(1), (2), (3), or (4) of the with regular trading activities or obligations which Attach a schedule showing the adjustments. See Federal National Housing Act, as amended, guarantee the debt of a third party. The following subdivisions (c) and (j)(2) of Ad. Code section before its repeal. do not qualify under this provision: guaranteed stu- 11-641 for details. dent loans, industrial development bonds issued LINE 22 - INTEREST INCOME FROM pursuant to Article 18-A of the New York State For tax years beginning on or after January 1, SUBSIDIARY CAPITAL General Municipal Law, FNMA mortgage-backed 2008, any amounts deducted pursuant to section Attach a rider showing interest income from sub- securities and GNMA mortgage-backed securities. 199 of the Internal Revenue Code (Income sidiary capital. Attributable to Domestic Production Activities) in LINE 26 - IBF ADJUSTMENT computing federal income must be added back “Subsidiary” means a corporation with respect to Enter amount from line 34 of Schedule F if you when computing NYC entire net income. See which more than 50% of the number of shares of elected to compute entire net income using the “Highlights of Recent Tax Law Changes” above. stock entitling the holders thereof to vote for the elec- IBF modification method. tion of directors or trustees is owned by the taxpayer. LINE 14 - OTHER EXPENSES LINE 27 - NEW YORK CITY Enter expenses not deducted on your federal “Subsidiary capital” means the total of the invest- NOL DEDUCTION return which are applicable to income shown on ment of the taxpayer in shares of stock of its sub- Note that pursuant to the federal Tax Cuts and lines 2 and 3. sidiaries, and the amount of indebtedness owed to Jobs Act of 2017, net operating losses generated the taxpayer by its subsidiaries, whether or not evi- during or after 2018 generally may no longer be LINE 15 - NYC DEPRECIATION denced by written instrument, on which interest is carried back. These losses may be carried for- Enter amount of New York City allowable depre- not claimed and deducted by the subsidiary for ward indefinitely; however each year’s deduc- ciation adjustment from forms NYC-399 and purposes of any tax imposed by Subchapter 2 or 3, tion will be limited to 80% of federal taxable NYC-399Z, Schedule C, column B, line 8. Chapter 6 of Title 11 of the Administrative Code. income (without regard to the deduction). Subsidiary capital does not include accounts LINE 16 - INSTALLMENT SALES A net operating loss (NOL) deduction is allowed receivable acquired in the ordinary course of trade Enter any income or gain from installment sales under the Banking Corporation Tax for NOLs sus- or business either for services rendered or for sales included in federal taxable income which was of property held primarily for sale to customers. tained in tax years beginning on or after January 1, previously includable in computing tax under 2009 (Ad. Code section 11-641(k-1)). Each item of subsidiary capital must be reduced Chapter 6, Subchapter 3, parts 1 and 2. by any liabilities of the taxpayer (parent) payable Enter any New York City NOL carried forward by their terms on demand or within one year from LINE 17 - DIVIDEND GROSS-UP from tax years beginning on or after January 1, the date incurred, other than loans or advances Enter the amount of IRC section 78 dividend 2009. Attach a separate sheet with full details of outstanding for more than a year as of any date gross-up included at lines 1, 2a, 2b, 3a and 3b. both federal and New York City NOLs claimed. during the year covered by the report which are LINE 18 - SAFE HARBOR LEASES attributable to that item of subsidiary capital. The following rules apply: Enter any amount included in federal taxable LINE 23 - DIVIDEND INCOME FROM income solely as a result of an election made pur- SUBSIDIARY CAPITAL (a) No deduction is allowed for a NOL incurred suant to the provisions of IRC section 168(f)(8) Attach a rider showing the names of each sub- during any tax year beginning before January (relating to Safe Harbor Leases) as it was in effect sidiary and the amount of dividend income 1, 2009. for agreements entered into prior to January 1, 1984. received from each subsidiary to the extent included in federal taxable income on line 1 (b) No deduction is allowed for a NOL incurred LINE 19 and/or line 2b. Deduct from subsidiary dividend during any tax year in which the corporation Enter any amount which the taxpayer could have income any section 78 dividends deducted on line was not subject to tax under the Banking excluded from federal taxable income had it not 17 which are attributable to dividends from sub- Corporation Tax. made the election pursuant to IRC section sidiary capital. 168(f)(8) (relating to Safe Harbor Leases) as it (c) IRC section 172 federal losses must be was in effect for agreements entered into prior to LINE 24 - NET GAINS FROM SUBSIDIARY adjusted to reflect the inclusions and exclu- January 1, 1984. CAPITAL sions from ENI required by the provisions of Attach a rider showing the names of each sub- Ad. Code section 11-641 (other than the NOL sidiary and the amount of gains or losses received deduction provision). |
Instructions for Form NYC-1 - 2022 Page 9 (d) For tax years beginning on or before to With respect to property placed in service in tax- Computation and Allocation of Taxable Assets December 31, 2017, the New York City NOL able years beginning before January 1, 1981, tax- A taxpayer is not subject to the tax on taxable deduction was computed as if the corporation payers using a different adjusted basis, or a dif- assets for that portion of the tax year in which it elected under IRC section 172 to relinquish ferent method of depreciation, for City tax pur- had outstanding net worth certificates issued to the carryback provisions. poses than for federal tax purposes must make the following: the FDIC under 12 USC section appropriate subtractions from federal taxable 1823(i); the RTC under 12 USC section (e) The New York City NOL deduction may not income. Attach a schedule showing the adjust- 1823(c)(1), (2), or (3); or the FSLIC under former exceed the allowable deduction for the tax year ments. See subdivisions (c) and (j)(2) of Ad. section 406(f)(5) of the Federal National Housing under IRC section 172. For tax years begin- Code section 11-641 for details. Act, as amended, before its repeal. ning before January 1, 2010, that amount is augmented by the excess of the amount The amount of any grant received through either LINE 1 - AVERAGE VALUE OF allowed as a New York City bad debt deduc- the COVID-19 Pandemic Small Business TOTAL ASSETS tion over the federal bad debt deduction in Recovery Grant Program, pursuant to section-ff Compute the average value of total assets, which each loss year (except to the extent such excess of the New York State Urban Development includes money or other property received from the was previously deducted in computing ENI). Corporation Act, or the Small Business FSLIC or FDIC and interbank placements. The aver- However, for loss years beginning on or after Resilience Grant Program administered by the age value of total assets is computed on a quarterly January 1, 2010, there is no separate New York Department of Small Business Services, to the basis, or, at the option of the taxpayer, on a more fre- City bad debt deduction, and, as a result, there extent the amount of either grant is included in quent basis, such as monthly, weekly or daily. no longer is an excess amount with which to federal taxable income, should be included on augment the deduction under IRC section 172. this line. Attach a schedule. Total assets means the average value of those Amounts from such excess from loss years assets which are properly reflected on a balance beginning before January 1, 2010, are not SCHEDULE C sheet, the income or expenses of which are prop- affected. For more information, see Computation and Allocation of Alternative erly reflected (or would have been properly “Treatment of Bad Debt Deductions,” above. Entire Net Income reflected if not fully depreciated or expensed or depreciated or expensed to a nominal amount) in (f) For tax years beginning on or before December LINE 1 - ENTIRE NET INCOME the computation of the taxpayer’s alternative 31, 2017, the NOL may be carried forward for Entire net income must be the same as that report- entire net income for the taxable year or in the 20 years. Losses incurred during taxable years ed on line 30 of Schedule B. Whatever election computation of the eligible net income of the tax- beginning after December 31, 2017, can be car- the taxpayer makes concerning the IBF modifica- payer’s IBF for the taxable year. ried forward indefinitely for federal purposes. tion to entire net income applies to the computa- tion of alternative entire net income. Real and tangible personal property, such as (g) Losses incurred during taxable years beginning buildings, land, machinery and equipment, is to after December 31, 2017, may not be carried back. LINE 2 - INTEREST INCOME FROM SUB- be valued at cost. Intangible property, such as loans, investments, coin and currency, is to be SIDIARY CAPITAL (h) The deduction for losses incurred during taxable valued at book value. Enter the amount subtracted on line 22 of Schedule B. years beginning after December 31, 2017, is lim- ited to 80% of federal taxable income calculated LINE 2 - FDIC, FSLIC, OR RTC AMOUNT LINE 3 - DIVIDEND INCOME FROM as if the corporation had not made the election Include any amount of money or other property SUBSIDIARY CAPITAL pursuant to subchapter S of the IRC (without (whether or not evidenced by a note or other Enter the amount subtracted (or, in the case of a regard to the deduction). instrument) received from or attributable to loss, added) on lines 23 and 24 of Schedule B. These rules also apply to any corporation includ- amounts received from the FDIC or the RTC ed in a consolidated group for federal purposes, LINE 4 - INTEREST INCOME under 12 USC section 1823(c); or the FSLIC but filing on a separate basis for New York City Enter the amount subtracted on line 25 of Schedule B. under former section 406(f)(1), (2), (3), or (4) of purposes. Those corporations should compute the Federal National Housing Act, as amended, their NOLs and NOL deductions as if filing on a SCHEDULE D before its repeal. separate basis for federal income tax purposes. Changes for 2011. For tax years beginning on or after January 1, 2011, LINE 5 - NET WORTH RATIO LINE 28 - OTHER SUBTRACTIONS the law concerning the computation and allocation The term net worth ratio means the percentage A taxpayer which makes an adjustment to federal of taxable assets has been changed. All corpora- of net worth to assets on the last day of the tax taxable income on line 26 must subtract any expens- tions subject to the Banking Corporation Tax, year. The term net worth means the sum of pre- es of the IBF included on line 18 of Schedule F including corporations organized under the laws of ferred stock, common stock, surplus, capital which were paid to foreign branches of the taxpay- a country other than the United States, must use reserves, undivided profits, mutual capital cer- er and not included in federal taxable income. taxable assets as the alternative basis of tax and tificates, reserve for contingencies, reserve for must complete Schedule D. loan losses, and reserve for security losses, For tax years beginning on or after August 1, minus assets classified loss. The term assets 2002, corporations that are partners in partner- Another change is that, in addition to completing means the sum of mortgage loans, nonmortgage ships that receive at least eighty percent of their lines 1 through 4 of Schedule D to determine allo- loans, repossessed assets, real estate held for gross receipts from providing mobile telecommu- cated taxable assets, taxpayers also complete lines development, investment, or resale, cash, nications services must exclude their distributive 5 and 6. Line 5 concerns a corporation’s net worth deposits, investment securities, fixed assets and share of losses and deductions from any such ratio and line 6 concerns the percentage of mort- other assets (such as financial futures, goodwill, partnership, including their share of separately gages included in total assets. Those results are and other intangible assets) minus assets classi- reported items, from their federal taxable income entered on the chart in Schedule D to determine fied loss. In no event shall assets be reduced by reported on line 1. the tax rate to use. The results are then transferred reserves for losses. to line 3 of Schedule A. |
Instructions for Form NYC-1 - 2022 Page 10 LINE 6 - THE PERCENTAGE OF MORT- to recognize the income and expenses included in The instructions that follow contain general allo- GAGES INCLUDED IN TOTAL ASSETS the computation of the IBF eligible net income of cation information. Corporations that answered Determine the percentage of mortgages included its New York IBF when such income and expens- “yes” to both questions at the beginning of in total assets by dividing the average of the four es are not otherwise included in such federal tax- Schedule G must follow the instructions under quarterly balances of mortgages ending within able income or in the other modifications con- “Weighted Factor Allocation for Certain Banking the tax year by the average of the four quarterly tained in Schedule B. Corporations,” below. Corporations with an IBF balances of all assets ending within the tax year. located in New York State must also follow the Such quarterly balances shall be computed in the SCHEDULE G instructions noted under “Allocation Percentage same manner as the Report of Condition required Allocation Percentages for Taxpayers with an IBF located in New York for FDIC or FSLIC purposes, whether or not such State,” below. report is required. The term mortgages means A corporation which is doing business both with- loans secured by real property within or outside in and without New York City is entitled to allo- PAYROLL FACTOR New York State, participations in and securities cate its entire net income, alternative entire net The percentage of a corporation’s payroll allocat- collateralized by pools of residential mortgages income, taxable assets, and issued capital stock ed to New York City is determined by dividing (whether or not issued or guaranteed by a United within and without New York City. A corporation 80% (100% when computing the alternative States government agency), and loans secured by which is not doing business without New York entire net income allocation percentage) of the stock in a cooperative housing corporation. City must allocate its entire net income, alterna- wages, salaries and other personal service com- tive entire net income, taxable assets, and issued pensation of the corporation’s employees, except SCHEDULE E capital stock 100% to New York City. However, general executive officers, within New York City a corporation that has an IBF located in New during the period the corporation is entitled to Federal Return Information York State may elect, on an annual basis, to allocate by the total amount of wages, salaries If the corporation files as a member of a federal reflect the results of its IBF operations in its entire and other personal service compensation of the consolidated group, enter the information as it net income allocation percentage and in its alter- corporation’s employees, except general execu- appears on its proforma federal return. If the native entire net income allocation percentage. tive officers, both within and without New York corporation files a separate return, enter the City during the period the corporation is entitled information appearing on the federal 1120S A corporation which is not doing business with- to allocate. out New York City and which has made the IBF filed with the IRS. allocation method election must allocate taxable The term “employees” includes every individual, assets 100% to New York City. except general executive officers, where the rela- SCHEDULE F tionship existing between the corporation and the Computation of International Banking Facility In determining whether a corporation is doing individual is that of employer and employee. The Adjusted Eligible Net Income or Loss business without New York City, consideration is phrase “employees within New York City” given to the same factors used to determine if includes all employees regularly connected with or INTERNATIONAL BANKING FACILITY (IBF) business is being carried on within New York working out of an office of the corporation within A corporation with an IBF located in New York City. (Refer to “Definition of Doing Business New York City, irrespective of where the services State may do one of the following: Within New York City” in these instructions.) A of such employees were performed. corporation which claims to be doing business l deduct from entire net income on Schedule B, without New York City must attach a rider The phrase “general executive officer” includes line 26, the adjusted eligible net income of the describing the activities of the corporation within every officer of the corporation charged with and IBF computed on Schedule F, line 34 (i.e., to and without New York City. performing general executive duties of the corpo- make the IBF modification). The decision to ration who is elected by the shareholders, elected use the IBF modification for a tax year is made Each allocation percentage (except the issued or appointed by the board of directors, or whose with the filing of the return for the tax year. capital stock allocation percentage) is determined appointment, if initially made by another officer, Check the IBF modification boxes on Schedule by a formula consisting of a payroll factor, a is ratified by the board of directors. A general F and Schedule G, Part I. You may change receipts factor and a deposits factor. executive officer must have company-wide your decision to use the IBF modification by authority with respect to his assigned functions or The receipts factor shall include only receipts filing an amended return for the tax year. A cor- duties or must be responsible for an entire divi- which are included in the computation of alterna- poration that uses the IBF modification must sion of the company. tive entire net income for the taxable year. The complete Schedule F, lines 1 through 34; or deposits and payroll factors shall include only l elect not to deduct from entire net income on deposits and payroll, the expenses of which are RECEIPTS FACTOR Schedule B, line 26, the adjusted eligible net included in the computation of alternative entire The percentage of the taxpayer’s receipts allocat- income of the IBF (i.e., to use the IBF formula net income for the taxable year. Each factor is ed to New York City is determined by dividing allocation method). The election to use the IBF computed on a cash or accrual basis according to 100% of the taxpayer’s receipts from loans formula allocation method for a tax year is the method of accounting used by the taxpayer (including the taxpayer’s portion of a participa- made with the filing of the return for the tax for the taxable year in computing its alternative tion in a loan) and financing leases and all other year. Check the formula allocation method entire net income. business receipts earned within New York City boxes on Schedule F and Schedule G, Part I. during the period the taxpayer is entitled to allo- You may change your election to use the IBF For Schedule G, Part 1, Line 7; Part 2, Line 5; and cate by the total amount of the taxpayer’s receipts formula allocation method by filing an amend- Part 3, Line 7, if a factor is missing, add the from loans (including the taxpayer’s portion of a ed return for the tax year. A corporation that remaining factors and divide by the number of participation in a loan) and financing leases and uses the IBF formula allocation method must factors present. A factor is missing only if both all other business receipts within and without complete Schedule F, lines 1 through 18. the numerator (column A) and the denominator New York City during the period the taxpayer is (column B) are zero. entitled to allocate. A taxpayer must modify federal taxable income |
Instructions for Form NYC-1 - 2022 Page 11 INTEREST INCOME FROM LOANS AND commitment fees and management fees, but does investment asset is attributed to New York City if FINANCING LEASES not include repayments of principal. Other the greater portion of income-producing activity Interest income from loans and financing leases is income from loans and financing leases is allo- related to the trading asset or investment asset allocated to New York City if such income is cated to New York City when the greater portion occurred within New York City. attributable to a loan or financing lease which is of income-producing activity relating to such located in New York City. Interest income from a income is within New York City. FEES OR CHARGES FROM LETTERS loan or financing lease does not include repay- OF CREDIT, TRAVELER’S CHECKS ments of principal. A loan or financing lease is LEASE TRANSACTIONS AND RENTS AND MONEY ORDERS located where the greater portion of income-pro- Receipts from real property and tangible personal Fees or charges from the issuance of letters of ducing activity relating to the loan or financing property leased or rented from the corporation are credit, traveler’s checks, and money orders are lease occurred. Except for a production credit asso- allocated to New York City if such property is allocated to New York City if such letters of cred- ciation and a corporation described on page 4 of located in New York City. Receipts from rentals it, traveler’s checks, or money orders are issued these instructions under “Who Must File,” item D, include all amounts received by the corporation for within New York City. a loan or financing lease attributed by the taxpayer the use of or occupation of property, whether or not to a branch without New York City shall be pre- such property is owned by the taxpayer. Gross PERFORMANCE OF SERVICES sumed to be properly so attributed, provided that receipts received from real property and tangible Receipts from services performed by the taxpay- such presumption may be rebutted if the personal property which is subleased must be er’s employees regularly connected with or Department of Finance demonstrates that the included in the receipts factor. working out of a New York City office of the tax- greater portion of income-producing activity relat- payer are allocated to New York City if such ed to the loan or financing lease did not occur at INTEREST FROM BANK, CREDIT, TRAV- services are performed within New York City. such branch. In the case of a loan or financing EL, ENTERTAINMENT & OTHER CARD lease which is recorded on the books of a place of RECEIVABLES When allocating receipts from services per- business without New York City which is not a Interest, fees in the nature of interest, and penal- formed, it is immaterial where such receipts are branch, it shall be presumed that the greater portion ties in the nature of interest from bank, credit, payable or where they are actually received. of income-producing activity related to such loan travel, entertainment and other card receivables or financing lease occurred within New York City are allocated to New York City if the mailing Where services are performed both within and if the taxpayer had a branch within New York City address of the cardholder in the records of the tax- without New York City, the portion of the receipts at the time the loan or financing lease was made. payer is in New York City. attributable to services performed within New York The taxpayer may rebut such presumption by City is determined on the basis of the relative value demonstrating that the greater portion of income- SERVICE CHARGES & FEES FROM of, or amount of time spent in performance of, such producing activity related to the loan or financing BANK, CREDIT, TRAVEL, ENTERTAIN- services within New York City, or by some other lease did not occur within New York City. MENT AND OTHER CARDS reasonable method. Full details must be submitted Service charges and fees from bank, credit, trav- with the taxpayer’s return. In the case of a production credit association and el, entertainment and other cards are allocated to a corporation described in “Who Must File,” item New York City if the mailing address of the card- Receipts from management, administration or D, a loan or financing lease attributed by the tax- holder in the records of the taxpayer is in New distribution services provided to a regulated payer to a bona fide office without New York City York City. investment company (RIC) must be allocated shall be presumed to be properly so attributed, based upon the percentage of the RIC’s share- provided that such presumption may be rebutted if RECEIPTS FROM MERCHANT holders domiciled in New York City. (Attach the Department of Finance demonstrates that the DISCOUNTS rider showing computation.) See Ad. Code §11- greater portion of income-producing activity relat- Receipts from merchant discounts are allocated to 642(a)(2)(G) added by Ch. 63, Laws of 2000, ed to the loan or financing lease did not occur New York City if the merchant is located within Part AA, §7. without New York City. New York City. In the case of a merchant with locations both within and without New York City, ROYALTIES Income-producing activity includes such activities only receipts from merchant discounts attributable Receipts of royalties from the use of patents, as, solicitation, investigation, negotiation, to sales made from locations within New York City copyrights and trademarks are allocated to New approval and administration of the loan or financ- are allocated to New York City. It shall be pre- York City if the taxpayer’s actual seat of man- ing lease. A loan or financing lease is made when sumed that the location of the merchant is the agement or control is located in New York City. such loan or financing lease is approved. The address of the merchant shown on the invoice sub- Royalties include all amounts received by the term “loan” means any loan, whether the transac- mitted by the merchant. taxpayer for the use of patents, copyrights or tion is represented by a promissory note, security, trademarks, whether or not such patents, copy- acknowledgment of advance, due bill or any other INCOME FROM TRADING ACTIVITIES rights or trademarks were issued to the taxpayer. form of credit transaction, if the related asset is AND INVESTMENT ACTIVITIES 19RCNY§3-04(f)(8). properly recorded in the financial accounts of the The portion of total net gains and other income ALL OTHER BUSINESS RECEIPTS taxpayer. Loans include the taxpayer’s portion of from trading activities (including but not limited Income from securities used to maintain reserves a participation in a loan. The term “financing to foreign exchange, options and financial against deposits to meet federal and State reserve lease” means a lease where the taxpayer is not futures) and investment activities which is attrib- requirements shall be allocated to New York City treated as the owner of the property for purpose of uted within New York City shall be ascertained based upon the ratio that total deposits in New York computing alternative entire net income. by multiplying such total net gains and other City bear to total deposits everywhere. All other income by a fraction the numerator of which is business receipts earned by the taxpayer in New OTHER INCOME FROM LOANS the average value of trading assets and invest- York City are allocated to New York City. A receipt AND FINANCING LEASES ment assets attributed to New York City and the from the sale of a capital asset is not a business Other income from loans and financing leases denominator of which is the average value of all receipt and is not included in the receipts factor. includes, but is not limited to, arrangement fees, trading and investment assets. A trading asset or |
Instructions for Form NYC-1 - 2022 Page 12 DEPOSITS FACTOR authorization to charge a bank’s balance in a computation on a weekly basis will be permit- The percentage of the taxpayer’s deposits allocat- another bank), cashier’s checks, money ted. The Department of Finance will not permit ed to New York City is determined by dividing orders, or other officer’s checks issued in the the computation of average value of deposits on a the average value of deposits maintained at usual course of business for any purpose, but basis less frequent than weekly, unless the taxpay- branches of the taxpayer within New York City not including those issued in payment for er demonstrates that requiring it to use a weekly during the period the taxpayer is entitled to allo- services, dividends, or purchases or other computation would produce an undue hardship. cate by the average value of all deposits main- costs or expenses of the bank itself. tained at branches of the taxpayer both within and ALLOCATION FOR CERTAIN BANKING without New York City during the period the tax- The term “maintained” refers to the branch of the CORPORATIONS payer is entitled to allocate. taxpayer at which a deposit is properly booked. For tax years beginning after 2017, corporations that are 65% or more owned subsidiaries of banks The term “deposit” means: A deposit, the value of which at all times during the and bank holding companies that are subject to taxable year was less than $100,000, that is booked tax under the Banking Corporation Tax as a result l the unpaid balance of money or its equivalent by a taxpayer at a branch without New York City is of the Administrative Code section 11-640(a)(9), received or held by a bank in the usual course presumed to be properly booked, provided that such and that substantially provide management, of business and for which it has given or is obli- presumption may be rebutted if the Department of administrative, or distribution services to an gated to give credit, either conditionally or Finance demonstrates that the greater portion of investment company must make adjustments on unconditionally, to a commercial, checking, contact relating to the deposit did not occur at such Schedule G as described below: savings, time, or thrift account, or which is evi- branch. Where such presumption has been rebutted denced by its certificate of deposit, thrift certifi- by the Department of Finance, the deposit shall be Adjustments to Part 1 of Schedule G cate, investment certificate, certificate of indebt- presumed to be maintained within New York City if edness, or other similar name, or a check or the taxpayer had a branch within New York City at l Certain banking corporations as described draft drawn against a deposit account and certi- the time the deposit was booked. However, the tax- above only complete lines 2a-2m fied by the bank, or a letter of credit or a travel- payer may rebut such presumption by demonstrat- l Enter the amount on line 2m on line 7 and er’s check on which the bank is primarily liable; ing that the greater portion of contact relating to the also on Schedule B next to line 31, and on provided that, without limiting the generality of deposit did occur at a branch outside New York City. Schedule A, line 26. the term “money or its equivalent,” any such A deposit, the value of which at any time during the Adjustments to Part 3 of Schedule G account or instrument must be regarded as evi- taxable year was $100,000 or more, is considered to dencing the receipt of the equivalent of money be properly booked at the branch with which it has l Certain banking corporations as described when credited or issued in exchange for checks a greater portion of contact. above only complete lines 2a-2m or drafts or for a promissory note upon which the person obtaining any such credit or instru- In determining whether a deposit has a greater l Enter the amount on line 2m on line 7, and ment is primarily or secondarily liable, or for a portion of contact with a particular branch, con- on Schedule D next to line 4. charge against a deposit account, or in settle- sideration is given to such activities as: ALLOCATION PERCENTAGE FOR ment of checks, drafts or other instruments for- l whether the deposit account was opened at TAXPAYERS WITH AN IBF LOCATED warded to such bank for collection; or transferred to that branch by or at the IN NEW YORK STATE direction of the depositor or by a broker of A corporation with an IBF located in New York l trust funds received or held by such bank, deposits, regardless of where subsequent State which has not elected the IBF allocation whether held in the trust department or held or deposits or withdrawals may be made; method must, when computing its entire net deposited in any other department of such bank; l whether employees regularly connected with income allocation percentage and its alternative l money received or held by a bank, or the that branch are primarily responsible for entire net income allocation percentage: credit given for money or its equivalent servicing the depositor’s general banking l exclude from the numerator and denomina- received or held by a bank, in the usual and other financial needs; tor of the payroll factor the wages, salaries, course of business for a special or specific l purpose, regardless of the legal relationship whether the deposit was solicited by an and other personal service compensation of thereby established, including, without employee regularly connected with that employees of the IBF being limited to, escrow funds, funds held branch, regardless of where such deposit as security for an obligation due to the bank was actually solicited; l exclude from the numerator and denomina- or others (including funds held as dealers’ l whether the terms governing the deposit tor of the receipts factor those receipts which reserves) or for securities loaned by the were negotiated by employees regularly are attributable to the production of eligible bank, funds deposited by a debtor to meet connected with that branch, regardless of gross income of the IBF maturing obligations, funds deposited as where the negotiations were actually con- l exclude from the numerator and denomina- advance payment on subscriptions to United ducted; and tor of the deposits factor those deposits States Government securities, funds held for l whether essential records relating to the whose expenses are attributable to the pro- distribution or purchase of securities, funds deposit are kept at that branch and whether duction of eligible gross income of the IBF held to meet its acceptances or letters of the deposit is serviced at that branch. credit, and withheld taxes; provided that A corporation which has an IBF located in New there shall not be included funds which are The value of deposits maintained at branches of York State and which has made the IBF alloca- received by the bank for immediate applica- the taxpayer is the total of the amounts credited to tion method election must, when computing the tion to the reduction of an indebtedness to depositors, including the amount of any interest so entire net income allocation percentage and the the receiving bank, or under condition that credited. The average value of deposits is to be alternative entire net income allocation percent- the receipt thereof immediately reduces or computed on a daily basis. However, if the tax- age make the following adjustments: extinguishes such an indebtedness; and payer’s usual accounting practices do not permit the computation of average value on a daily basis, l To properly reflect the allocation percentage for l outstanding drafts (including advice or |
Instructions for Form NYC-1 - 2022 Page 13 the receipts and deposits factors, corporations must include gross receipts generated from IBF assets placed with offshore facilities in the numerator (deemed New York City receipts) and include in the numerator for deposits liabil- ities placed with an IBF by the offshore facili- ties (deemed New York City deposits). See Update on Audit Issues - IBF June 2006. l Exclude from the numerator of the payroll factor the wages, salaries and other personal service compensation of employees, the expenses of which are attributable to the pro- duction of eligible gross income of the IBF. Include in the denominator of the payroll factor the wages, salaries and other personal service compensation of employees, except general executive officers, the expenses of which are attributable to the production of eligible gross income of the IBF. l Exclude from the numerator but include in the denominator of the receipts factor those receipts which are attributable to the produc- tion of eligible gross income of the IBF. l Exclude from the numerator but include in the denominator of the deposits factor deposits, the expenses of which are attribut- able to the production of eligible gross income of the IBF. Every corporation which has an IBF located in New York State must compute its taxable assets allocation percentage as follows: l Include in the numerator and denominator of the payroll factor wages, salaries and per- sonal service compensation of employees, except general executive officers, the expenses of which are attributable to the pro- duction of eligible gross income of the IBF. l Include in the numerator and denominator of the receipts factor receipts which are attrib- utable to the production of eligible gross income of the IBF. l Include in the numerator and denominator of the deposits factor deposits, the expenses of which are attributable to the production of eligible gross income of the IBF. For the purpose of these adjustments, eligible gross income does not include transactions between the taxpayer’s foreign branches and its IBF. COMPOSITION OF PREPAYMENTS Do not include any UBT Paid Credit carryover from a preceding year. NYC-1 Instructions 2022 |