Instructions for Form NYC-4S- EZ General 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 11-602.1 of the Administrative Code of the City of New York as enacted by section 3 of Part D of Chapter 60 of the Laws of 2015, for taxable years beginning on or after January 1, 2015, the General 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 corporations should file a return on Form NYC-2 or Form NYC-2S 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 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 enti- ties 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 11-602(8)(b)(3) of the Administrative Code of the City of New York. Taxpayers may NOT use Form NYC-4S-EZ if they are adding back any pass through entity taxes. l Section 3 of Chapter 555 of the Laws of 2022 added a new subparagraph 16 to section 11-602(8)(a) 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 pur- suant to section 16-ff of the New York State Urban Development Corporation Act or the New York City Small Business Resilience Grant program admin- istered by the New York City Department of Small Business Services to the extent the amount of either such grant is included in federal taxable income. Taxpayers may NOT use Form NYC-4S-EZ if they are making this modification when calculating entire net income. l Note that according to the federal Tax Cuts and Jobs Act of 2017, net operating losses (NOL) generated during or after 2018 generally may no longer be carried back. These losses may be carried forward indefinitely; however each year’s NOL deduction will be limited to 80% of taxable income (with- out regard to the deduction). GENERAL INFORMATION associations taxable as corporations for federal amount of receipts used for this purpose is the income tax purposes pursuant to the federal total amount of all receipts the taxpayer has NOTE: This form may be used by federal “check-the-box” rules under IRC §7701(a)(3) are received in the regular course of business. Subchapter S Corporations and Qualified treated as corporations for City tax purposes and Subchapter S Subsidiaries only. If any instruc- are not subject to the Unincorporated Business ADDBACK OF NEW MTA PAYROLL TAX tions appear to apply to C Corporations, they Tax. Eligible entities having a single owner disre- The law was amended in 2009 to add back the should be read to apply only to S corps and quali- garded as a separate entity under the “check-the- Metropolitan Commuter Transportation Mobility fied S subsidiaries. box” rules and treated as either a sole proprietor- Tax (“MTA Payroll Tax”) under the Article 23 of ship or a branch for federal tax purposes will be the New York State Tax Law. General Corporation S CORPORATIONS similarly treated for City tax purposes. See Tax (“GCT”) taxpayers must add this tax back to An S Corporation is subject to the General Finance Memorandum 99-1 for additional infor- the extent it was deducted in computing federal Corporation Tax and must file either Form NYC- mation. taxable income. See Ad. Code § 11-602(8)(b)(19) 4S, NYC-4S-EZ or NYC-3L, whichever is appli- as added by section 17 of Chapter 25 of the Laws cable. Under certain limited circumstances, an S FORM FOR TAXPAYERS CLAIMING A of 2009. Corporation may be permitted or required to file a NET OPERATING LOSS DEDUCTION SPECIAL TREATMENT AFFECTING combined return (Form NYC-3A). See Finance Taxpayers claiming a deduction for a Net CERTAIN SMALL CORPORATIONS Memorandum 99-3 for information regarding the Operating Loss must complete Form NYC- For tax years beginning on or after January 1, treatment of qualified subchapter S subsidiaries. NOLD-GCT, Net Operating Loss Computation 2007, corporations that meet certain requirements and include it with their GCT filing. For more are not subject to the alternative General The income, gains, losses, deductions and capital information see Form NYC-NOLD-GCT. Corporation Tax bases measured by business and of a qualified subchapter S subsidiary may not be included in the report of the parent S Corporation. FIXED DOLLAR MINIMUM TAX BASED ON investment capital or by entire net income plus A QSSS must file a separate report if it is subject RECEIPTS compensation paid to certain shareholders. Thus, to tax. For tax years beginning after 2008, there is a slid- eligible corporations will compute their tax using only the entire net income base or the fixed-dollar Federal S corporation taxpayers must complete ing scale fixed dollar minimum tax based on the form NYC-ATT-S-CORP, Calculation of receipts allocated to New York City. The amount minimum tax, whichever is greater. Federal Taxable Income for S Corporations of City receipts for this purpose is the same as the Corporations that qualify under these provisions and include it with their GCT filing. For more amount used for determining the taxpayer’s busi- may be able to compute their General Corporation information see Form NYC-ATT-S-CORP. ness allocation percentage. See Ch. 201, § 17, of Tax liability on Form NYC-4S-EZ. Corporations the Laws of 2009. For taxpayers who use Form required to file a General Corporation Tax return ENTITIES TAXED AS CORPORATIONS NYC-4S or NYC-4S-EZ, and, accordingly, allo- that are not eligible to file Form NYC-4S-EZ must Unincorporated entities electing to be treated as cate 100 percent of their income to the City, the file Form NYC 3L or Form NYC-4S. To deter- |
Instructions for Form NYC-4S-EZ - 2022 Page 2 mine which corporations are eligible to file Form with the relocation of employment opportuni- of any grant received through either the NYC-4S, see the instructions to that form. ties to New York City, as provided in Section COVID-19 Pandemic Small Business 11-604.13 of the NYC Administrative Code; Recovery Grant program or the New York CORPORATIONS THAT MAY FILE City Small Business Resilience Grant pro- FORM NYC-4S-EZ 7) it claims a credit for certain costs or expens- gram to the extent the amount of either such Corporations (as defined in Section 11-602.1 of es incurred in relocating employment oppor- grant is included in federal taxable income; or the New York City Administrative Code) doing tunities to New York City, as provided in business, employing capital, owning or leasing Section 11-604.14, 11-604.17 or 11-604.19 21) it is required to add back any pass through property in a corporate or organized capacity, or of the NYC Administrative Code; entity taxes when calculating entire net maintaining an office in New York City must file 8) it claims a modification with respect to wages income. a General Corporation Tax return. Corporations and salaries disallowed as a deduction for fed- meeting certain criteria may be eligible to use the eral income tax purposes (work incentive/jobs The following are NOT required to file a simplified Form NYC-4S-EZ (and not be required credit provisions), as provided in Section 11- General Corporation Tax Return: to use either Form NYC-3L or NYC-4S). To use 602.8(a)(7) of the NYC Administrative Code; Form NYC-4S-EZ, the corporation must meet the a) A dormant corporation that did not at any following requirements: 9) either separately or as a member of a part- time during its taxable year engage in any nership, it is engaged in an insurance busi- activity or hold title to real property located 1. The corporation has a business allocation per- ness as a member of the New York Insurance in New York City. centage of 100% for the taxable year, as deter- Exchange; mined under section 11-604.3.(a) of the b) A nonstock corporation organized and oper- Administrative Code. 10) it is a Domestic International Sales ated exclusively for nonprofit purposes and Corporation (DISC) or a Foreign Sales not engaged in substantial commercial activ- 2. The corporation has no investment capital or Corporation; ities, that has been granted an exemption by income and no subsidiary capital or income at the New York City Department of Finance. any time during the taxable year. 11) it claims a credit for New York City Unincorporated Business Tax paid by a part- c) Corporations subject to taxation under Part 4 3. The corporation’s gross income, as defined in nership in which it is a partner as provided in of Subchapter 3 of Chapter 6, Title 11 Internal Revenue Code §61, is less than Section 11-604.18 of the NYC Administrative (Banking Corporations), or under Chapter 11, $250,000 for the taxable year. Code; Title 11 (Utility Corporations) of the NYC Administrative Code, are not required to file 4. The corporation does not modify its federal 12) it will be included in a combined report, General Corporation Tax returns. However, depreciation deduction as provided on Forms Form NYC-3A; corporations that are subject to tax under NYC-399 and NYC-399z. 13) it is required by Ad. Code section 11- Chapter 11 as vendors of utility services are 602.8(n) to add back royalty payments made subject to the General Corporation Tax in In addition, certain types of corporations and cor- to related members; or accordance with Section 11-603.4 of the porations with certain modifications to taxable NYC Administrative Code and must file a income or claiming New York City tax credits 14) It claims the Beer Production Credit avail- return. cannot file Form NYC-4S-EZ or NYC-4S and able under Ad. Code section 11-604(22); must file Form NYC-3L. d) A limited profit housing corporation organ- 15) any portion of its business interest expense ized and operating pursuant to the provisions CORPORATIONS REQUIRED deduction would have been disallowed of Article Two of the Private Housing TO FILE FORM NYC-3L under IRC section 163(j) if it had not made Finance Law. A corporation must file Form NYC-3L and not an election under Subchapter S of the IRC; Form NYC-4S or Form NYC-4S-EZ if: e) Insurance corporations. 16) for federal purposes, it has income under f) A Housing Development Fund Company 1) it carries on business both inside and outside IRC Sections 951A or 965; (HDFC) organized and operating pursuant to New York City. 17) it would have been eligible for a deduction the provisions of Article Eleven of the Private 2) it has subsidiary and/or investment capital; pursuant to IRC section 250(a)(1)(A), i.e., Housing Finance Law. FDII, if it had not made an election under 3) it claims an optional deduction for expendi- g) Organizations organized exclusively for the Subchapter S of the IRC; tures relating to air pollution control facili- purpose of holding title to property as ties, as provided in Section 11-602.8(g) of described in Sections 501(c)(2) or (25) of the 18) it claims a modification with respect to the NYC Administrative Code; Internal Revenue Code. amounts excluded from the definition of “con- 4) it claims a modification with respect to gain tribution to the capital of the taxpayer” under h) An entity treated as a Real Estate Mortgage arising on the sale of certain property, as pro- IRC 118(b)(2), as provided in section 11- Investment Conduit (REMIC) for federal vided in Section 11-602.8(h) of the NYC 602.8(a)(14) of the NYC Administrative Code; income tax purposes. (Holders of an interest Administrative Code; in a REMIC remain taxable on such interest 19) For New York City purposes, it is required to or on the income therefrom.) 5) it entered into a “safe harbor” lease transac- modify federal taxable income with respect i) Corporations principally engaged in the con- tion under provisions of Section 168(f)(8) of to amounts invested in Qualified Opportunity duct of a ferry business and operating the Internal Revenue Code as it was in effect Funds under IRC section 1400Z-2. See Ad. between any of the boroughs of the City for agreements entered into prior to January Code sections 11-602(8)(a)(15) and 11- under a lease granted by the City. 1, 1984; 602(8)(b)(22). 6) it claims a credit for increased real estate tax j) A corporation principally engaged in the con- payments made to a landlord in connection 20) it excludes from entire net income the amount duct of an aviation, steamboat, ferry or navi- |
Instructions for Form NYC-4S-EZ - 2022 Page 3 gation business, or two or more such busi- amended return must include the DOF tax work- OTHER FORMS YOU MAY BE nesses, provided that all of the capital stock sheet that identifies each change to the tax base REQUIRED TO FILE of such corporation is owned by a municipal (“Tax Base Change”) and shows how each such Tax FORM NYC-EXT - Application for Automatic 6- corporation of New York. Base Change affects the taxpayer’s calculation of Month Extension of Time to File Business Income its New York City tax. The DOF tax worksheet is Tax Return. File it on or before the due date of the k) Bank holding corporations filing on a com- available on the DOF website at nyc.gov/finance. return. bined basis in accordance with Section 11- This amended return must also include a copy of 646(f) of the NYC Administrative Code. the IRS and/or DTF final determination, waiver, or FORM NYC-EXT.1 - Application for Additional l) Corporations principally engaged in the oper- notice of carryback allowance. Taxpayers that have Extension is a request for an additional three ation of marine vessels whose activities in the federal and state Tax Base Changes for the same tax months of time to file a return. A corporation with City are limited exclusively to the use of period may report these changes on the same a valid six-month extension is limited to two addi- property in interstate or foreign commerce. amended return that includes separate tax work- tional extensions. m) Foreign corporations that are exempt under sheets for the IRS Tax Base Changes and the DTF the provisions of Public Law 86-272. (See 19 Tax Base Changes. Note that for taxable years FORM NYC-222 - Underpayment of Estimated RCNY Section 11-04 (b)(11).) beginning on or after January 1, 2015, DTF Tax Tax by Corporations will help a corporation deter- Base Changes may include changes that affect mine if it has underpaid an estimated tax install- NOTE: income or capital allocation. ment and, if so, compute the penalty due. A corporation that has an officer, employee, agent (Corporations filing Form NYC-222 cannot use or representative in the City and that is not subject The Amended Return checkbox on the return is to Form NYC-4S-EZ) to the General Corporation Tax is not required to be used for reporting an IRS or DTF Tax Base file a Form NYC-3L, NYC-4S or NYC-4S-EZ but Changes, with the appropriate box for the agency FORM NYC-245 - Activities Report of General must file a Form NYC-245 S-Corp (Section 11- making the Tax Base Changes also checked. Corporations must be filed by a corporation that 605 of the NYC Administrative Code). Taxpayers must file an amended return for Tax has an officer, employee, agent or representative Base Changes within 90 days (120 days for tax- in the City, but which disclaims liability for the WHEN AND WHERE TO FILE payers filing a combined report) after (i) a final General Corporation Tax. The due date for filing is on or before March 15, determination on the part of the IRS or DTF, (ii) FORM NYC-399 - Schedule of New York City 2023, or, for fiscal year taxpayers, on or before the the signing of a waiver under IRC §6312(d) or NY Depreciation Adjustments is used to compute the 15th day of the third month following the close of Tax Law §1081(f), or (iii) the IRS’ allowance of a allowable New York City depreciation deduction the fiscal year. tentative adjustment based on a an NOL carryback if a federal ACRS or MACRS depreciation deduc- or a net capital loss carryback. tion is claimed for certain property placed in serv- All returns, except refund returns: ice after December 31, 1980. (Corporations filing If the taxpayer believes that any Tax Base Change NYC Department of Finance Form NYC-399 cannot use Form NYC-4S-EZ). is erroneous or should not apply to its City tax cal- P.O. Box 5564 culation, it should not incorporate that Tax Base Binghamton, NY 13902-5564 FORM NYC-399Z - Depreciation Adjustments Change into its City tax calculation on its amend- for Certain Post 9/10/01 Property may have to be Remittances - Pay online with Form NYC-200V ed return. However, the taxpayer must attach: (i) filed by taxpayers claiming depreciation deduc- at nyc.gov/eservices, or Mail payment and Form a statement to its report that explains why it tions for certain sport utility vehicles or "qualified NYC-200V only to: believes the adjustment is erroneous or inapplica- property," other than "qualified New York Liberty ble; (ii) the tax worksheets that identify each Tax Zone property", "qualified New York Liberty NYC Department of Finance Base Change and show how each would affect its Zone leasehold improvements" and “qualified P.O. Box 3933 City tax calculation; and (iii) a copy of the IRS resurgence zone property” placed in service after New York, NY 10008-3933 and/or DTF final determination, waiver, or notice September 10, 2001 for Federal or New York State Returns claiming refunds: of carryback allowance. tax purposes. See Finance Memorandum 22-1, NYC Department of Finance For more information on federal or state Tax Base “Application of IRC §280F Limits to Sport Utility P.O. Box 5563 Changes, including a more expansive explanation Vehicles". (Corporations filing Form NYC-399Z Binghamton, NY 13902-5563 of how taxpayers must report these changes as cannot use Form NYC-4S-EZ) Certain short-period returns: If this is NOT a well as samples of tax worksheets to be included FORM NYC-400 - Declaration of Estimated Tax final return and your Federal return covered a peri- within the amended return, see Finance by General Corporations must be filed by any cor- od of less than 12 months as a result of your join- Memorandum 17-5, revised and dated poration whose New York City tax liability can ing or leaving a Federal consolidated group or as a 10/10/2018. reasonably be expected to exceed $1,000 for any result of a Federal IRC §338 election, this return To report changes in taxable income or other tax calendar or fiscal tax year. generally will be due on the due date for the base made by the Internal Revenue Service and /or FORM NYC-3360 - General Corporation Tax Federal return and not on the date noted above. New York State Department of Taxation and Report of Change in Taxable Income made by the Check the box on the front of the return. Finance for taxable years beginning prior to U.S. Internal Revenue Service and/or New York FEDERAL OR NEW YORK STATE January 1, 2015, the Form NYC-3360 should still State Department of Taxation and Finance is used CHANGES be used. for reporting adjustments in taxable income result- For taxable years beginning on or after January 1, ing from an audit of your federal corporate tax ACCESSING NYC TAX FORMS 2015, changes in taxable income or other tax base return and/or State audit of your State corporate By Computer - Download forms from the Finance made by the Internal Revenue Service (“IRS”) and tax return for tax years beginning prior to January website at nyc.gov/finance /or New York State Department of Taxation and 1, 2015 only. Finance (“DTF”) will no longer be reported on By Phone - Order forms by calling 311. If calling form NYC-3360. Instead, taxpayers must report from outside of the five NYC boroughs, please FORM NYC-CR-A - Commercial Rent Tax these federal or state changes to taxable income or call 212-NEW-YORK (212-639-9675). Annual Return must be filed by every tenant that other tax base by filing an amended return. This rents premises for business purposes in Manhattan |
Instructions for Form NYC-4S-EZ - 2022 Page 4 south of the center line of 96th Street and whose A taxpayer with a valid six-month automatic l Give the Department any information missing annual or annualized gross rent for any premises extension filed on Form NYC-EXT may request from your return, is at least $200,000. up to two additional three-month extensions by fil- l Call the Department for information about the ing Form NYC-EXT.1 .A separate Form NYC- processing of your return or the status of your FORM NYC-RPT - Real Property Transfer Tax EXT.1 must be filed for each additional three- refund or payment(s), and Return must be filed when the corporation month extension. acquires or disposes of an interest in real property, l Respond to certain notices that you have including a leasehold interest; when there is a par- PENALTY FOR UNDERSTATING TAX shared with the preparer about math errors, tial or complete liquidation of the corporation that If there is a substantial understatement of tax (i.e., offsets, and return preparation. The notices owns or leases real property; or when there is if the amount of the understatement exceeds the will not be sent to the preparer. transfer of a controlling economic interest in a greater of 10% of the tax required to be shown on You are not authorizing the preparer to receive corporation, partnership or trust that owns or leas- the return or $5,000) for any taxable year, a penal- any refund check, bind you to anything (including es real property. ty will be imposed equal to 10% of the amount of any additional tax liability), or otherwise represent FORM NYC-ATT-S-CORP - Calculation of the understated tax. The amount on which you pay you before the Department. The authorization Federal Taxable Income for S Corporations must the penalty can be reduced by subtracting any item cannot be revoked; however, the authorization will be included in the GCT filing of every federal S for which (1) there is or was substantial authority automatically expire no later than the due date Corporation. for the way in which the item was treated on the (without regard to any extensions) for filing next return, or (2) there is adequate disclosure on the year's return. Failure to check the box will be FORM NYC-NOLD-GCT - Net Operating Loss return or in a statement attached to the return. Computation must be included in the GCT filing deemed a denial of authority. of every GCT taxpayer claiming a net operating CHANGE OF BUSINESS INFORMATION loss deduction. If there have been any changes in your business SPECIFIC INSTRUCTIONS name, identification number, billing or mailing ESTIMATED TAX address or telephone number, complete Form Period Covered If the tax for the period following that covered by DOF-1, Change of Business Information. File the 2022 return for calendar year 2022 and this return is expected to exceed $1,000, a decla- fiscal years that begin in 2022 and end in 2023. ration of estimated tax and installment payments FINAL RETURNS For a fiscal or short tax year return, fill in the tax are required. Form NYC-400 is to be used for this If a corporation ceases to do business in New York year space at the top of the form. The 2022 Form purpose. If the tax on this return exceeds $1,000, City, the due date for filing a final General NYC-4S-EZ also can be used if: submit Form NYC-400 which is available on the Corporation Tax Return is the 15th day after the l You have a tax year of less than 12 months Department of Finance’s website. date of the cessation (Section 11-605.1 of the NYC that begins and ends in 2023, and Administrative Code). Corporations may apply for If, after filing a declaration, your estimated tax an automatic six-month extension for filing a final l The 2023 Form NYC-4S-EZ is not available substantially increases or decreases as a result of a return by filing Form NYC-EXT on or before that at the time you are required to file the return. change in income, deduction or allocation, you date. Any tax due must be paid with the final You must show the 2023 tax year on the 2022 must amend your declaration on or before the next return or the extension, whichever is filed earlier. Form NYC-4S-EZ and take into account any tax date for an installment payment. Mail the amend- ed declaration, using Form NYC-400, along with SIGNATURE law changes that are effective for tax years your check to: This report must be signed by an officer author- beginning after December 31, 2022 ized to certify that the statements contained in it NYC Department of Finance are true. If the taxpayer is a publicly-traded part- Special Condition Codes P.O. Box 3922 nership or another unincorporated entity taxed as a Check the Finance website for applicable special New York, NY 10008-3922 corporation, this return must be signed by a person condition codes. If applicable, enter the two char- duly authorized to act on behalf of the taxpayer. acter code in the box provided on the form. If the amendment is made after the 15th day of the 9th month of the taxable year, any increase in tax TAX PREPARERS SCHEDULE A must be paid with the amendment. Anyone who prepares a return for a fee must sign Computation of Tax These payments can also be made online at the return as a paid preparer and enter his or her LINE 1 nyc.gov/eservices. Social Security Number or PTIN, see Finance See the instructions for Schedule B for those cor- Memorandum 00-1. Include the company or cor- porations that are eligible to use their New York For more information regarding estimated tax poration name and Employer Identification State entire net income for purposes of computing payments and due dates, you may call 311. If call- Number, if applicable. ing from outside of the five NYC boroughs, please the tax due under this method. call 212-NEW-YORK (212-639-9675). Preparer Authorization: If you want to allow the Department of Finance to discuss your return LINE 2 AUTOMATIC EXTENSIONS with the paid preparer who signed it, you must MINIMUM TAX An automatic extension of six months for filing check the "yes" box in the signature area of the Enter the New York City Gross Receipts and this return will be allowed if, by the original due return. This authorization applies only to the indi- Minimum Tax amount from the following table. date, the taxpayer files with the Department of vidual whose signature appears in the "Preparer's The amount of New York City receipts for this Finance an application for automatic extension on Use Only" section of your return. It does not purpose is the total amount of all receipts the tax- Form NYC-EXT and pays the amount properly apply to the firm, if any, shown in that section. By payer has received in the regular course of busi- estimated as its tax. See the instructions for Form checking the "Yes" box, you are authorizing the ness from such sources as sales of personal prop- NYC-EXT for information regarding what consti- Department of Finance to call the preparer to erty, services performed, rentals of property and tutes a proper estimated tax for this purpose. answer any questions that may arise during the royalties. This receipts amount would be the Failure to pay a properly estimated amount will processing of your return. Also, you are authoriz- same as the amount that would have to be shown result in a denial of the extension. ing the preparer to: on Form NYC-3L, Schedule H, Column A, Line |
Instructions for Form NYC-4S-EZ - 2022 Page 5 6 if the taxpayer had filed Form NYC-3L and LINE 9a banks will be rejected and returned. Remittance completed that schedule. LATE PAYMENT / INTEREST must be made payable to the order of: If the tax is not paid on or before the due date NYC DEPARTMENT OF FINANCE For taxpayers who use Form NYC-4S-EZ, and, (determined without regard to any extension of accordingly, allocate 100 percent of their income time), interest must be paid on the amount of the Attach a copy of all pages of your federal form to the City, the amount of receipts used for this underpayment from the due date to the date paid. 1120S. purpose is the total amount of all receipts the tax- For information as to the applicable rate of inter- SCHEDULE B, LINE 1 payer has received in the regular course of busi- est, see the Finance website at nyc.gov/finance or FEDERAL TAXABLE INCOME ness. call 311. If calling from outside of the five NYC S Corporations and qualified subchapter S TABLE - FIXED DOLLAR MINIMUM TAX boroughs, please call 212-NEW-YORK (212-639- subsidiaries (QSSS) must file as ordinary cor- For a corporation with New York City receipts 9675). porations. Federal S Corporation taxpayers of: LINE 9b - LATE PAYMENT OR LATE must complete form NYC-ATT-S-CORP, FILING/ADDITIONAL CHARGES Calculation of Federal Taxable Income for S Not more than $100,000:.................................$25 late filing penalty is assessed if you fail to Corporations and include it with their GCT a) A More than $100,000 Form 3L, 4S or 4S-EZ. file this form when due, unless the failure is but not over $250,000: ....................................$75 due to reasonable cause. For every month or NOTE: More than $250,000 partial month that this form is late, add to the The charitable contribution deduction from fed- but not over $500,000: ..................................$175 tax (less any payments made on or before the eral Form 1120S, Schedule K, line 12a may not More than $500,000 due date) 5%, up to a total of 25%. exceed 10% of the sum of lines 1 through 12d but not over $1,000,000: ...............................$500 b) If this form is filed more than 60 days late, (other than line 12a) of Schedule K, subject to More than $1,000,000 the above penalty will not be less than the any exception provided in the IRC with respect but not over $5,000,000: ............................$1,500 lesser of (1) $100 or (2) 100% of the amount to C corporations. More than $5,000,000 required to be shown on the form (less any but not over $25,000,000: ..........................$3,500 payments made by the due date or credits Corporations that are partners in partnerships that receive at least eighty percent of their gross Over $25,000,000:......................................$5,000 claimed on the return). receipts from providing mobile telecommunica- c) A late payment penalty is assessed if you tions services must exclude their distributive SHORT PERIODS - FIXED DOLLAR fail to pay the tax shown on this form by the share of income, gains, losses and deductions MINIMUM TAX prescribed filing date, unless the failure is from any such partnership, including their share Compute the New York City receipts for short due to reasonable cause. For every month or of separately reported items, from their federal periods (tax periods of less than 12 months) by partial month that your payment is late, add taxable income reported on line 1. dividing the amount of New York City receipts by to the tax (less any payments made) 1/2%, up the number of months in the short period and mul- to a total of 25%. LINE 2 tiplying the result by 12. Once this annualized amount is calculated (do not replace your NYC d) The total of the additional charges in aand c STATE AND LOCAL INCOME TAXES receipts on Line 2 with this annualized amount) may not exceed 5% for any one month except DEDUCTED ON FEDERAL RETURN use the table above to determine the fixed dollar as provided for in b. The amount deducted on your federal return for income taxes paid or accrued to any state, any minimum tax based on the annualized amount. If you claim not to be liable for these additional political subdivision of a state or to the District of The resulting fixed dollar minimum tax may be charges, attach a statement to your return explain- Columbia, if they are on or measured by profits reduced for short periods as indicated below. ing the delay in filing, payment or both. or income or include profits or income as a meas- Enter the reduced amount on line 2 (If applicable). ure of tax, including taxes expressly in lieu of any LINE 9c - PENALTY FOR PERIOD REDUCTION of the foregoing taxes. Include the New York UNDERPAYMENT OF ESTIMATED TAX State Metropolitan Transportation business tax Not more than 6 months.................................50% A penalty is imposed for failure to file a declara- surcharge, the amount of MTA payroll tax (Tax More than 6 months but tion of estimated tax or for failure to pay the entire Law, Art. 23) and the amount of New York City not more than 9 months..................................25% installment payment of estimated tax due. (For General Corporation Tax and Banking More than 9 months......................................None more information, refer to Form NYC-222, Corporation Tax deducted on your federal return. Underpayment of Estimated Tax by Do not include pass through entity taxes, includ- LINE 4b Corporations.) If you underpaid your estimated ing the NYS PTET and NYC PTET on this line. FIRST INSTALLMENT PAYMENT tax, use Form NYC-222 to compute the penalty. Taxpayers are required to file the NYC 3L Do not use this line if an application for automat- Attach Form NYC-222. If no penalty is due, enter instead of the NYC 4S EZ if they are required to ic extension (NYC-EXT) has been filed. The pay- “0” on line 11c. add back any pass through entity taxes when cal- ment of the amount shown at line 4b is required as payment on account of estimated tax for the 2023 LINE 13 culating entire net income. calendar year, if a calendar year taxpayer, or for TOTAL REMITTANCE DUE LINE 4 the taxable year beginning in 2023, if a fiscal year NYC DEPARTMENT OF FINANCE NET OPERATING LOSS taxpayer. If the amount on line 7 is greater than zero or the Enter New York City net operating loss carryfor- amount on line 11 is less than zero, enter on line ward from prior years. A deduction may only be LINE 6 13 the sum of line 7 and the amount, if any, by claimed for net operating losses sustained in tax- PREPAYMENTS which line 10 exceeds the amount on line 8. If fil- able years during all or part of which the corpo- Enter the sum of all estimated tax payments made ing and paying electronically, enter the amount of ration was subject to the General Corporation for this tax period, the payments made with the your remittance on Line A. If not paying electron- Tax. New York City allows net operating losses extension request, if any, and both the carryover ically, leave Line A blank. to be used in the same manner as provided by credit and the first installment recorded on the All remittances must be payable in U.S. dollars Section 172 of the Internal Revenue Code. Note prior tax period’s return. drawn on a U.S. bank. Checks drawn on foreign that according to the federal Tax Cuts and |
Instructions for Form NYC-4S-EZ - 2022 Page 6 Jobs Act of 2017, net operating losses generat- sion or deduction was allowed in determining the ed during or after 2018 generally may not be taxpayer’s taxable (entire) net income in a prior carried back. These losses may be carried for- year. ward indefinitely; however, each year’s deduction will be limited to 80% of taxable LINE 6 income calculated as if the corporation had TAXABLE NET INCOME not made the election pursuant to subchapter Total the amounts listed on lines 4 and 5 and sub- S of the IRC (without regard to the deduc- tract the sum from line 3. Enter the result on line tion). However, the amount of any federal loss 6. If the entry on this line is a loss, a request to must be adjusted in accordance with Section 11- carry it back as a net operating loss deduction in 602.8(f) of the NYC Administrative Code. any prior year must be made separately on an amended return. Do not attach or mail an NOTE: amended return with this tax return. This request The deduction of a net operating loss carry- must be submitted within three years of the due forward from prior years may not exceed and date of the return for the loss year or within the is limited to the amount of the current year’s period prescribed in Section 11-678 of the NYC federal taxable income. A net operating loss Administrative Code. may not be claimed as a deduction if Schedule B, line 1, reflects a loss. For interest calculations and account informa- tion, call 311. If calling from outside of the In addition, the deduction shall not exceed the five NYC boroughs, please call 212-NEW- deduction allowed for federal purposes or the YORK (212-639-9675). deduction which would have been allowed if the You can also visit the Finance website at: taxpayer had not made an election to be (a) an S nyc.gov/finance Corporation under the rules of the Internal Revenue Code or (b) included in a group report- PRIVACY ACT NOTIFICATION ing on a consolidated basis for federal income tax The Federal Privacy Act of 1974, as amended, purposes. Attach a Copy of Form NYC-NOLD- requires agencies requesting Social Security GCT, Net Operating Loss Computation. Numbers to inform individuals from whom they seek this information as to whether compliance Losses incurred during taxable years begin- with the request is voluntary or mandatory, why ning after 12/31/17 may not be carried back. the request is being made and how the information For losses from years beginning before January will be used. The disclosure of Social Security 1, 2018, the New York City net operating loss Numbers for taxpayers is mandatory and is deduction was determined as if the taxpayer had required by section 11-102.1 of the Administrative elected to relinquish the carryback provision Code of the City of New York. Such numbers dis- except for the first $10,000 of each of such loss- closed on any report or return are requested for tax es. Losses which were not permitted to be car- administration purposes and will be used to facili- ried back could generally be carried forward and tate the processing of tax returns and to establish used to offset income for the period permitted for and maintain a uniform system for identifying tax- federal tax purposes. In addition, any portion of payers who are or may be subject to taxes admin- the $10,000 NOL permitted to be carried back istered and collected by the Department of but not used could be carried forward. If the tax- Finance, and, as may be required by law, or when payer elected to relinquish the entire carryback the taxpayer gives written authorization to the period for federal purposes, then the taxpayer Department of Finance for another department, could not carryback any amount for City purpos- person, agency or entity to have access (limited or es. otherwise) to the information contained in his or her return. Because an S corporation does not carry over NOLs, it would not have made an election to relinquish any or all of its carryback period. Therefore, for City tax purposes for losses aris- ing in taxable years ending in or after 2002 and prior to years beginning after 12/31/17, it was presumed that, unless the taxpayer S corporation attached a statement to this return indicating that the taxpayer intended to carry back a net operat- ing loss reported on this return, the taxpayer was presumed to have elected to relinquish the entire carryback period. LINE 5 CITY / STATE REFUNDS Enter refunds or credits of the New York City General Corporation Tax, New York State Franchise Tax or New York City or State Banking Corporation Tax for which no tax exclu- NYC-4S-EZ-Instructions - 2022 |