Department of Taxation and Finance DTF-5 Statement of Financial Condition (8/18) Complete Form DTF-5 and include it with your request for a payment plan, offer in compromise, or other proposal. Form DTF-5 must be completed for each taxpayer assessed, except for joint taxpayers, where both spouses may submit one Form DTF-5. For a business, a Form DTF-5 is required for that business, and for each individual assessed as a responsible person. To make an offer in compromise, you must include a completed Form DTF-5 for each taxpayer who submits either a: • Form DTF-4.1, Offer in Compromise for Fixed and Final Liabilities, or • Form DTF-4, Offer in Compromise for Liabilities Not Fixed and Final, and Subject to Administrative Review. You must answer all questions and provide all required attachments listed on page 10. If a question does not apply, mark an X in the Not applicable box, or enter N/A. If you need additional space, attach sheets and label them accordingly. Taxpayer information • Name of taxpayers: individuals or business Date of birth Social Security number Spouse’s date of birth Spouse’s Social Security number Employer identification number (EIN) Home address Telephone number Mailing address (if different from above, or if a PO Box number is used) Business address Telephone number Mailing address (if different from above, or if a PO Box number is used) Employer’s name, address, and telephone number Spouse’s employer’s name, address, and telephone number Do you or your spouse have any business interests? (filed federal schedules C, E, F, etc.) ........................................... Yes No If Yes, enter details on page 5. All other persons in your household or claimed as dependents Name Age Relationship Social Can be claimed as Contributes to Security number a dependent? household income? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Taxpayer’s representative information I have no representative • Name of representative, if any (attach Form POA-1, Power of Attorney, if required) Telephone number Address Attach additional sheets if necessary. |
Page 2 of 10 DTF-5 (8/18) Assets • As of Date Enter the balance for each of the following, using the most current value. If any of the following amounts are negative, enter 0. (A) Cash on hand Box (A) – Total cash on hand (also enter on page 7, line 1) $ Bank accounts (domestic and foreign) Not applicable Name of financial institution Type* Account number Balance * Type may include: checking, savings, (B) money market, stored value cards, etc. Box (B) – Total balance (also enter on page 7, line 2) $ Do you rent a safe deposit box in your name, or in any other name? ............................................................................ Yes No If Yes, give name and address of bank: Brokerage accounts Not applicable Market value Less: Institution or brokerage name Type* Account number Loans, if any Net value * Type may include: stocks, bonds, other (C) investments, etc. Box (C) – Total net value (also enter on page 7, line 3) $ Retirement accounts Not applicable Market value Less: Institution or custodian name Type* Account number Loans, if any Net value * Type may include: 401K, IRA, pension, (D) profit sharing, etc. Box (D) – Total net value (also enter on page 7, line 4) $ Cash value of life insurance policies Not applicable Cash value Less: Institution company name Type* Policy number Loans, if any Net value * Type may include: term, whole life, etc. (E) Box (E) – Total net cash value (also enter on page 7, line 5) $ Attach additional sheets if necessary. |
DTF-5 (8/18) Page 3 of 10 Assets (continued) As of Date Accounts receivable Not applicable Name and address Date recorded Book value Less: Date pledged, Net value Loans, if any if applicable (F) Box (F) – Total net value (also enter on page 7, line 6) $ Inventory Not applicable Detailed description Date recorded Book value Less: Date pledged, Net value Loans, if any if applicable (G) Box (G) – Total net value (also enter on page 7, line 7) $ Notes receivable Not applicable Name and address Date recorded Book value Less: Date pledged, Net value Loans, if any if applicable (H) Box (H) – Total net value (also enter on page 7, line 8) $ Valuable items, machinery, and equipment Not applicable (List any artwork, collections, jewelry, items in safe deposit boxes, tools, furniture, fixtures, etc. that you own fully or partially) Description Fair market value Loan balance, if any (I) Box (I) – Total fair market value (enter Asset on page 7, line 9) $ (J) Box (J) – Total loan balance, if any (enter Liability on page 7, line 18) $ Attach additional sheets if necessary. |
Page 4 of 10 DTF-5 (8/18) Assets (continued) As of Date Real estate Not applicable (List any house, condo, co-op, timeshare, land, commercial property, etc. that you own fully or partially, located inside and outside of the country) Current fair Mortgage balance, Unpaid property Complete address Description* Owners market value if any taxes (K) Box (K) – Total fair market value (enter Asset on page 7, line 10) $ (L) Box (L) – Total mortgage balance (enter Liability on page 7, line 19) $ * Description may include: primary residence, (M) vacation home, rental property, etc. Box (M) – Total unpaid property taxes (enter Liability on page 7, line 20) $ Foreclosure proceedings: Not applicable Are foreclosure proceedings pending on any real estate which you own or have an interest in? .................................... Yes No If Yes, please give locations of the real estate: Was the New York State Tax Department made a party to the suit? ................................................................................ Yes No Vehicles (List any cars, boats, motorcycles, trucks, aircraft, etc. that you own) Not applicable Plate number or Year, make, and model Reg. number Mileage Owners Fair market value Loan balance (N) Box (N) – Total fair market value (enter Asset on page 7, line 11) $ (O) Box (O) – Total loan balance (enter Liability on page 7, line 21) $ Leased vehicles (List any cars, boats, motorcycles, trucks, aircraft, etc. that you lease) Not applicable Plate number or Year, make, and model Reg. number Mileage Lessee name(s) Date of lease Term of lease Attach additional sheets if necessary. |
DTF-5 (8/18) Page 5 of 10 Assets (continued) As of Date Interest in trust or estate Not applicable Are you the grantor, donor, or trustee for any trust? ......................................................................................................... Yes No Are you the beneficiary of any trust or estate? ................................................................................................................. Yes No Do you have any life interest or remainder interest, either vested or contingent, in any trust or estate? ......................... Yes No If Yes to any of the above, furnish a copy of the instrument creating the trust or estate. Also, complete the table below. Annual income you received Present value of trust or Value of your Name of trust or estate from this source estate interest (P) Box (P) – Total value of your interest (enter Assets on page 7, line 12) $ Business interests (from page 1, if you marked Yes) Not applicable If you or your spouse have ownership in any business, complete the table below. You must complete this section if you: • filed federal schedules C, E, F, and other federal business forms filed by an individual in the preceding 3 years. • received federal schedules K-1 in the preceding 3 years. • are a shareholder of a business that filed federal Form 1120, U.S. Corporation Income Tax Return, in the preceding 3 years. Employer Type of Ownership Annual cash Annual cash Value of your Business name identification number business* percentage contributed** received** investment*** (Q) Box (Q) – Total value of your investments (enter Assets on page 7, line 13) $ * List all types of businesses, including sole proprietorships, partnerships, S corporations, C corporations, etc. ** Annual cash contributed or received may include: Shareholder or partner contributions or distributions, etc. *** Value of your investment may include: Your share of net worth or your partner capital account, etc. Contingent claims or legal actions Not applicable (Potentially receivable or collectable, such as pending insurance claims, settlements, etc.) Date you expect to Dollar amount Name of payer(s) receive funds (R) Box (R) – Total dollar amount (enter Assets on page 7, line 14) $ Increase in value • What is the prospect of an increase in value of any of your assets and your present income? Provide a detailed explanation. Attach additional sheets if necessary. |
Page 6 of 10 DTF-5 (8/18) Disposal of assets Not applicable • Did you transfer any assets with a fair market value of $500.00 or more during the period beginning with the start of your proposal’s tax period and the present? ..................................................................................................... Yes No If Yes, attach a copy of the applicable transfer document (i.e. sales agreement, closing statement, HUD-1 statement, etc.). Also complete the table below. List all applicable transactions, including: • transfer or sale of real estate • transfer or sale of business interests • assets that were transferred for less than fair market value • disposal of any of the above Asset type and description Relationship of transferee Date of transfer Fair market value Dollar amount you when transferred received Judgments Not applicable • As of Date Name of creditor(s) Date recorded Dollar amount of Current balance Where recorded judgment filed due on judgment (S) Box (S) – Total balance due on judgments (enter Liability on page 7, line 22) $ Bankruptcy Not applicable Are bankruptcy or receivership proceedings pending? .................................................................................................... Yes No If a corporation or other business, is it in the process of liquidation? ............................................................................... Yes No Unlawful activities Not applicable Is the liability you are trying to compromise related to a crime for which you pleaded or were found guilty? .................. Yes No Have you (or any one of you) been convicted of any crime involving unlawful possession or acquisition of property or income obtained by fraud, theft, or other illegal means within the last 5 years? ...................................................... Yes No Are you the subject of, or defendant in, any pending criminal or grand jury action or proceeding which may involve or affect in any way, your right, title, or interest to any real or personal property whether or not listed herein? ........... Yes No If Yes to any of the above, provide details: Attach additional sheets if necessary. |
DTF-5 (8/18) Page 7 of 10 Statement of assets and liabilities As of Date Values (from • pages 2 through 6) Assets Amount 1. Cash on hand (from page 2, Box (A)) 2. Bank accounts (from page 2, Box (B)) 3. Brokerage accounts (from page 2, Box (C)) 4. Retirement accounts (from page 2, Box (D)) 5. Cash value of life insurance (from page 2, Box (E)) 6. Accounts receivable (from page 3, Box (F)) 7. Inventory (from page 3, Box (G)) 8. Notes receivable (from page 3, Box (H)) 9. Valuable items (from page 3, Box (I)) 10. Real estate (from page 4, Box (K)) 11. Vehicles (from page 4, Box (N)) 12. Interest in trust or estate (from page 5, Box (P)) 13. Business interests (from page 5, Box (Q)) 14. Contingent claims or legal actions, receivable (from page 5, Box (R)) 15. Other assets (list) Total assets $ Liabilities Amount 16. New York State tax liabilities (not already included in Judgments on page 6) 17. Federal tax liabilities (not already included in Judgments on page 6) 18. Loans against valuable items (from page 3, Box (J)) 19. Mortgage balances (from page 4, Box (L)) 20. Unpaid property taxes (from page 4, Box (M)) 21. Loans against vehicles (from page 4, Box (O)) 22. Balance due on judgments (from page 6, Box (S)) 23. Accounts payable 24. Credit card balances payable 25. Notes payable 26. Contingent claims and legal actions payable 27. Other liabilities (list) Total liabilities $ Attach additional sheets if necessary. |
Page 8 of 10 DTF-5 (8/18) Household income and expenses – individual • Enter your household’s gross monthly income, including income from you, your spouse, significant other, children, and others who contribute to the household. Monthly gross receipts or income Name of source Amount Salaries, wages, commissions of applicant(s) Salaries, wages, commissions of household members Dividends Interest Net business income from all sole proprietorships and single-member LLCs (from federal schedule Cs) Distributions from partnerships and S corporations (from your attached federal schedules K-1, the partner or shareholder cash distributions you received on an average monthly basis)* Net proceeds from sales of securities and other investments ((stocks, bonds, mutual funds, real properties, etc.) on an average monthly basis)* Income from annuities and pensions Income from rents and royalties Income from trusts and estates Social Security Welfare Unemployment Gifts Money from relatives Other income (list) Total monthly household income: $ To whom paid Monthly expenses (and relationship) Amount Food, clothing, and miscellaneous (such as housekeeping supplies, personal care products)* Housing (rent or mortgage payment, plus property taxes, home insurance, maintenance, dues, or fees) Utilities (electricity, gas, other fuels, trash collection, water, cable, phone) Vehicle loan and lease payments Vehicle operating costs (maintenance, repairs, insurance, fuel, registrations, licenses, inspections, parking, tolls, etc.)* Public transportation costs (fares for mass transit such as bus, train, ferry, taxi, etc.)* Health insurance premiums Out-of-pocket health care costs (prescription drugs, medical services, and medical supplies like eyeglasses, hearing aids, etc.)* Court-ordered payments (alimony, child support, etc.) Child or dependent care (daycare, home health care, etc.) Life insurance premiums Taxes (monthly cost of federal, state, and local tax, etc.) Debt service payments (monthly payment for loans where you pledged an asset as collateral; do not include payments on unsecured debt such as credit cards.) Other expenses (list) Total monthly household expenses: $ * You may provide reasonable estimates for certain income and expenses on an average monthly basis. Attach additional sheets if necessary. |
DTF-5 (8/18) Page 9 of 10 Income and expenses – business • If this proposal is from a business, enter the information below for the last two calendar (fiscal) years and most recent interim period (year-to-date). Attach a detailed statement of carryover and carryback loss intentions. If you do not intend to use this offset, attach a full explanation. Most recent interim period Year before last Last year (year-to-date) Gross receipts or income 20 20 , 20 Gross sales or receipts (net of returns and allowances) Less: Cost of goods sold Gross profit Dividend income Interest income Gross rents Gross royalties Ordinary income (loss) from partnerships, estates and trusts, if applicable Net farm profit (loss) (federal schedule F (Form 1040)) Gains from sales of assets (federal Form 4797)) Capital gain net income (federal schedule D (Form 1120)) Other income (list) Total income $ $ $ Most recent interim period Year before last Last year (year-to-date) Deductions 20 20 , 20 Compensation of officers Guaranteed payments to partners Salaries and wages (not deducted elsewhere) Pension, profit-sharing, retirement plans, etc. Employee benefit programs Rents Repairs and maintenance Taxes and licenses Depreciation, amortization, depletion Bad debts Interest expense Contract labor, commissions, and fees paid Legal and professional services Car and truck expenses Travel, meals, and entertainment Contributions, charitable giving Other operating expenses (list) Total deductions $ $ $ Total capital contributed by shareholders, partners, or owners of the business $ $ $ Total distributions or dividends paid to shareholders, partners, or owners of the business $ $ $ Annual benefit paid to principal officers and owners – Enter the total annual benefit paid to each of the principal officers and owners of the business. Annual benefit may include, but not be limited to, the following sources: wages, guaranteed payments to partners, shareholder/partner distributions, management fees, commissions, and shareholder/partner loans received from the business. Name and title 20 20 20 , President , Vice President , Treasurer , Secretary Attach additional sheets if necessary. |
Page 10 of 10 DTF-5 (8/18) Attachments • Items 1, 2, and 3 must be attached; items 4 through 12, if applicable, must also be attached. Failure to provide these returns, statements, and documents will cause immediate rejection of your compromise request, request for payment plan, or other proposal. You must attach: 1. Federal returns for the preceding three years, with all schedules and statements attached. If you were not required to file, include an explanation. In addition: • for all sole proprietorships or single-member LLC’s (Schedule C), also include the balance sheets for the preceding three years, as of each year-end. These balance sheets may be self-prepared. • include all federal schedules K-1 from Form 1120S or Form 1065, or both, for the preceding three years, as applicable. 2. Complete credit reports issued by a credit bureau dated within 30 days of this submission. 3. All bank account statements, brokerage account statements, and retirement account statements for the preceding 12 months. • If you receive certain statements on a quarterly basis, provide the four most recent quarterly statements for the applicable account(s). • If you receive certain statements on an annual basis, provide the most recent annual statement for the applicable account(s). You must attach, if applicable: 4. Federal application to compromise, with the results. 5. Recent mortgage or home equity loan statements(s) dated within 30 days of submission. The statement(s) must show monthly payment amounts and current balance outstanding. We may request a real estate appraisal. 6. All mortgage indentures and conveyances, as grantor or grantee, for the preceding 10 years. 7. Lease agreements, both as landlord and tenant. 8. Loan agreements, both for note(s) receivable and note(s) payable. Include the security/collateral agreements for all secured loans. 9. Contracts of sale of any assets having a fair market value of over $500.00 within the last five years. For example, sales agreement, closing statement, HUD-1 statement, etc. 10. Copies of legal instruments related to pending claims (insurance or otherwise), rights to sue, subrogations, assignments, and other assets. 11. Bankruptcy discharge papers, if applicable. 12. For any business (corporation, partnership, s corp, non-profit organization, professional corp, etc.): We may request the audited, reviewed, or company-prepared financial statements for the preceding three years. In addition, we may request an Accounts Receivable Aging Report for any business. Declaration • I declare that I have examined the information given in this statement and, to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have no assets, owned either directly or indirectly, or income of any nature other than as shown in this statement. I make this statement with the knowledge that a willfully false representation is a misdemeanor punishable under New York State Penal Law section 210.45. I authorize the New York State Department of Taxation and Finance (DTF) to contact certain third parties, including but not limited to financial institutions and consumer credit reporting agencies, and to obtain my consumer credit report for the purpose of verifying the information I provided to DTF for determining my eligibility for an installment payment agreement or other payment terms. In addition, I authorize DTF to use my Social Security number when requesting my credit history from consumer reporting agencies or when verifying the information provided. I understand that DTF will not notify me about which third parties, if any, are contacted by DTF as part of this review process. Taxpayer’s signature(s) Date Attach additional sheets if necessary. |