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Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT

Combined 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 pay-
ing 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 post-
marked 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 En-
tity 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
11-602(8)(b)(3) of the Administrative Code of the City of New York.
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 Adminis-
trative 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 taxable income.
l For details on the proper reporting of income and expenses addressed in the federal Tax Cuts and Jobs Act of 2017, such as mandatory
deemed repatriation income, foreign-derived intangible income (FDII), global intangible low-taxed income (GILTI), please refer to Fi-
nance Memorandum 18-10. For information about the IRC section 163(j) limitation on the business interest expense deduction, please
refer to Finance Memorandum 18-11.
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 (without regard to the deduction).
l In general, for tax years beginning in or after 2018, taxpayers who allocate business income inside and outside New York City must
do so using single business receipts factor allocation. See Administrative Code section 11-604.

GENERAL INFORMATION cumstances, an S corporation may be permitted under the “check-the-box” rules and treated
or required to file a combined return. See, e.g., as either a sole proprietorship or a branch for
NOTE: This form may be used by federal Finance Memorandum 99-3 for information re- federal tax purposes will be similarly treated
Subchapter S Corporations and Qualified garding the treatment of qualified subchapter S for City tax purposes. See Finance Memo-
Subchapter S Subsidiaries only (“S corpora- subsidiaries. Federal S corporation taxpayers randum 99-1 for additional information.
tions”). If any instructions appear to apply to must now complete the Form NYC-ATT-S-
C Corporations, they should be read to apply CORP, Calculation of Federal Taxable Income S CORPORATIONS THAT ARE RE-
only to S corps and qualified S subsidiaries. for S Corporations and include it with their QUIRED TO FILE A GCT RETURN
GCT filing. For more information see Form See the instructions to Form NYC-3L.
If an S corporation owns a C corporation, NYC-ATT-S-CORP.
the C corporation will have to file a sepa- REQUIREMENTS FOR FILING ON A
rate return (either Form NYC-2 or NYC- CORPORATION DEFINED COMBINED BASIS

2A) from the S Corporation. An S Unincorporated entities electing to be treated General Requirements
corporation may not file a combined return as associations taxable as corporations for A group of S corporations meeting the re-
with a C corporation. See Ad. Code § 11- federal income tax purposes pursuant to the quirements set forth below must file a com-
654.3(2)(c). “check-the-box” rules under IRC §7701(a)(3) bined report. Filing or not filing on a
are treated as corporations for City tax pur- combined basis is subject to review on audit.
S CORPORATIONS poses and are not subject to the Unincorpo- This report will not be considered complete
An S corporation is subject to the General Cor- rated Business Tax. Eligible entities having a unless all of the information required is sub-
poration Tax (GCT). Under certain limited cir- single owner disregarded as a separate entity mitted.

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                                          Page 2

A combined report is required if the require-     Additional Circumstances For Combined               taxable income.  To avoid double taxation, if 
ments set forth in items A and B below are met:   Filing                                              the royalty recipient was also a New York tax-
                                                  In addition, the Department of Finance may re-      payer, the statute allowed the recipient to ex-
A- Related Corporation:                           quire or permit a taxpayer to file a combined re-   clude the royalty income if the related 
A related corporation is:                         port with one or more related corporations even     member added back the deduction for the roy-
 
(1) Any corporation substantially all the         if substantial intercorporate transactions are ab-  alty payment expense.  
 capital stock of which the taxpayer              sent under circumstances in which a combined         
 owns or controls either directly or indi-        report is necessary to properly reflect the tax-    Ad. Code section 11-602(8)(n), as amended, 
 rectly;                                          payer’s GCT liability because of intercompany       eliminates the income exclusion previously 
                                                  transactions or some agreement, understanding,      allowed to certain royalty recipients.  It also 
(2) Any corporation which owns or controls        arrangement, or transaction.                        modifies the two previous exceptions to the 
 directly or indirectly substantially all the                                                         add-back requirement and adds two additional 
 capital stock of the taxpayer; and               Exceptions                                          exceptions.  Those four exceptions generally 
                                                  S corporations that are taxable under Title 11,     can apply in following situations (for addi-
(3) Any corporation the capital stock of          Chapter 6, Subchapter 3 or under  Title 11,         tional conditions that must be met, see the Ad. 
 which is owned or controlled directly or         Chapter 11 (except a vendor of utility services     Code sections indicated below):  
 indirectly by interests that own or con-         that is taxable under both Chapter 11 and Sub-       
 trol directly or indirectly substantially        chapter 2 of Chapter 6), and insurance corpora-     l If all or part of the royalty payment a re-
 all the capital stock of the taxpayer.           tions may not be included in a combined report.       lated member received was then paid to 
                                                                                                        an unrelated third party during the tax 
“Substantially all” is ordinarily considered the  No taxpayer may file a report on a combined           year, that portion of the payment will be 
actual or beneficial ownership or control of      basis covering any other corporation where            exempt if the transaction giving rise to 
80% or more of the voting stock of the issuing    the taxpayer or the other corporation allocates       the original royalty payment to the re-
corporation throughout the taxable year.          in accordance with the special allocation pro-        lated member was undertaken for a valid 
                                                  visions applicable to aviation corporations or        business purpose, and the related mem-
NOTE: Inasmuch as a Qualified Subchapter          corporations principally engaged in the oper-         ber was subject to tax on the royalty pay-
S subsidiary (“Q-sub”) must be 100 percent        ation of vessels and the taxpayer or other cor-       ment in this city or another city within 
owned by its parent S corporation under Inter-    poration does not allocate using the special          the United States or a foreign nation or 
nal Revenue Code (“IRC”) section 1361(b)(3),      allocation provisions.                                some combination thereof (Ad. Code 
the Q-sub will always meet the related corpo-                                                           section 11-602(8)(n)(2)(B)(i)); 
                                                                                                       
ration requirement for combined filing.           Reporting Corporation                               l If the taxpayer's related member paid an 
                                                  In general, the parent S corporation should act       aggregate effective rate of tax on the roy-
B - Substantial Intercorporate                    as the reporting corporation for the combined         alty payment, to this city or another city 
Transactions:                                     group.  The reporting corporation must be the         within the United States or some combi-
An S corporation must file on a combined          parent S corporation if it is a member of the         nation thereof, that is not less than 80 
basis with any related S corporations if there    combined group.  A parent corporation is the          percent of the rate of tax that applied to 
are substantial intercorporate transactions       corporation that owns or controls, directly or in-    the taxpayer under Ad. Code section 11-
among the related S corporations.  It is not      directly, substantially all of the capital stock of   643.5 for the tax year (Ad. Code section 
necessary that there be substantial intercorpo-   each other member of the combined group.  If          11-602(8)(n)(2)(B)(ii));  
rate transactions between any one corporation     the parent S corporation is not part of the com-     
and every other related corporation.  It is nec-  bined group, the combined group must then           l If the related member is organized under 
essary, however, that there be substantial in-    designate a member as its reporting corporation.      the laws of a foreign country that has a tax 
                                                                                                        treaty with the United States, the related 
tercorporate transactions between the taxpayer    If the parent S corporation is not part of the        member’s income from the transaction 
and a related corporation or, collectively, a     combined group, or if substantially all of the        was taxed in such country at an effective 
group of such related corporations.  In deter-    capital stock of a parent corporation that is a       rate of tax at least equal to that imposed 
mining whether there are substantial intercor-    member of the combined group is owned or              by this city, and the transaction giving rise 
porate transactions, the commissioner shall       controlled, directly or indirectly, by a person       to the royalty was undertaken for a valid 
consider and evaluate all activities and trans-   or corporation that is not part of the combined       business purpose and reflected an arm's 
actions of the taxpayer and its related corpo-    group, enter the name of the non-member par-          length relationship.  (Ad. Code section 11-
rations. Activities and transactions that will be ent or that person or corporation and its Em-         602(8)(n)(2)(B)(iii)); or  
considered include, but are not limited to:  (1)  ployer Identification Number (if any) in the         
manufacturing, acquiring goods or property, or    box entitled “Name of Parent of Controlled          l If the taxpayer and the Department of Fi-
performing services, for related corporations;    Group” on page 1.                                     nance agree to alternative adjustments 
(2) selling goods acquired from related corpo-     
                                                                                                        that more appropriately reflect the tax-
rations; (3) financing sales of related corpora-  Royalty Payments to Related Members 
                                                                                                        payer's income.  (Ad. Code section 11-
tions; (4) performing related customer services   For tax years beginning on or after January 1, 
                                                                                                        602(8)(n)(2)(B)(iv)). 
using common facilities and employees for re-     2013, the General Corporation Tax has been           
lated corporations; (5) incurring expenses that   amended to change the treatment of royalty          The law as amended also defines the term 
benefit, directly or indirectly, one or more re-  payments to related members.  Under prior           “related member” by linking it to the defini-
lated corporations; and (6) transferring assets,  law, taxpayers who made royalty payments to         tion in Internal Revenue Code section 
including such assets as accounts receivable,     related entities were required to add back the      465(b)(3)(c), but substituting 50 percent for 
patents or trademarks from one or more related    amount of the payments to taxable income if         the 10 percent ownership threshold.  See Ad. 
corporations.                                     they were deducted when calculating federal         Code section 11-640(m).

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                           Page 3

Special Rules For Combining Captive Real         or controlled by a corporation that is          transactions or agreement, understand-
Estate Investment Trusts (REITs) and Reg-        subject to tax or required to be included       ing, arrangement or transaction require-
ulated Investment Companies (RICs).              in a combined report under the GCT,             ment of Ad. Code § 11-605(4)(a)(3) is 
                                                 then the captive REIT or RIC must be            satisfied and more than 50% of the vot-
Captive REITs and RICs.                          included in a combined report with the          ing stock of the captive REIT or the cap-
For tax years beginning on or after January      corporation that is the “closest control-       tive RIC and substantially all of the 
1, 2009, the law has been amended to provide     ling” stockholder of the captive REIT or        capital stock of that other corporation are 
that a captive REIT or RIC must generally be     RIC.  If the corporation that is the “clos-     owned and controlled, directly or indi-
included in a combined report under the Gen-     est controlling” stockholder is subject to      rectly, by the same corporation. 
eral Corporation Tax (GCT) or Banking Cor-       tax or required to be included in a com-     
poration  Tax (BCT).  Under  Ad. Code            bined report under the GCT, then the        Computation of tax for Captive REITs and 
11-601(12), a REIT or RIC is a captive REIT      captive REIT or RIC must be included        RICs.  
or RIC if more than 50% of its voting stock is   in a combined report under the GCT.         In the case of a combined report under the 
owned or controlled, directly or indirectly, by                                              GCT, the tax is measured by the combined en-
a single corporation.  Any voting stock held    (3) If the corporation that directly owns or tire net income or combined capital of all the 
in a segregated asset account of a life insur-   controls the voting stock of the captive    corporations included in the report, including 
ance corporation as described in Internal        REIT or captive RIC is described as a       any captive REIT or RIC.   
Revenue Code section 817 is not taken into       corporation that is not permitted to         
account for the purpose of determining the       make a combined report as provided in       In the case of a captive REIT or RIC that must 
percentage of stock ownership.  As explained     Ad. Code section 11-605(4)(a)(1), (a)(2)    be included in a combined report, the entire 
more below, if a corporation subject to the      or (a)(4), then the captive REIT or cap-    net income of the captive REIT must be com-
GCT directly owns over 50% of the voting         tive RIC must determine the closest         puted under Ad. Code § 11-603(7) and the en-
stock of a captive REIT or RIC or is the         controlling shareholder under Ad. Code      tire net income of a captive RIC must be 
“closest controlling shareholder” of a captive   section 11-605(4)(a)(5)(iii) to be in-      computed under Ad. Code § 11-603(8).     
REIT or RIC, then the captive REIT or RIC        cluded in a combined report with that        
must be included in a combined report under      corporation.  If the corporation that is    In computing entire net income, the deduction 
the GCT with that corporation.  For these        the closest controlling stockholder of      under the IRC for dividends paid by the cap-
purposes, the “closest controlling stock-        the captive REIT or captive RIC is a        tive REIT or RIC to any member of the affili-
holder” means the corporation: (a) that indi-    corporation not permitted to make a         ated group that includes the corporation that 
rectly owns or controls over 50% of the          combined report, then that corporation      directly or indirectly owns over 50% of the vot-
voting stock of a captive REIT or RIC; (b) is    is deemed to not be in the ownership        ing stock of the captive REIT or RIC must be 
subject to tax under the GCT or BCT or oth-      structure of the captive REIT or captive    added back to the federal taxable income of the 
erwise required to be included in a combined     RIC, and the closest controlling stock-     captive REIT or RIC for tax years beginning 
report or report under the GCT or BCT; and       holder will be determined under Ad.         on or after January 1, 2009.  The term affiliated 
(c) is the fewest tiers of corporations away in  Code section 11-605(4)(a)(5)(iii) with-     group is defined in IRC section 1504 without 
the ownership structure from the captive         out regard to that corporation.             regard to the exceptions of 1504(b). 
REIT or RIC.                                                                                  
                                                (4) If a captive REIT owns the stock of a    WHEN AND WHERE TO FILE 
If a captive REIT or RIC is required to be in-   qualified REIT subsidiary (as defined in    The due date for filing is on or before March 15, 
cluded in a combined report under the GCT, it    IRC section 856(i)(2)), then the qualified  2023 or, for fiscal year taxpayers, on or before 
will be subject to tax under the GCT.  Ad.       REIT subsidiary must be included in any     the 15th day of the 3rd month following the 
Code § 11-605(4)(a)(5). Note that if a cap-      combined report required to be made by      close of the fiscal year. 
tive REIT or RIC is required to be included      the captive REIT that owns its stock.        
in a combined report under the BCT, it will                                                  Special short-period returns:  If this is NOT a 
not be subject to tax under the GCT, and, as    (5) If a captive REIT or RIC is required by  final return and your federal return covered a pe-
a result, must file an NYC-1 report.  Ad.        any of the conditions set out herein to be  riod of less than 12 months as a result of your 
Code section 11-640(d).                          included in a combined report with an-      joining or leaving a federal consolidated group 
                                                 other corporation, and that other corpo-    or as a result of a federal IRC §338 election, this 
Requirement to be Included in a Combined         ration is required to be included in a      return generally will be due on the due date for 
Report under the GCT.                            combined report with another corpora-       the federal return and not on the date noted 
 
A captive REIT or RIC must be included in a      tion under other provisions of Ad. Code     above. Check the box on the front of the return. 
combined report under the GCT under the fol-     11-605(4)(a), the captive REIT or RIC        
lowing conditions:                               must be included in that combined report    All returns, except refund returns: 
                                                                                              
                                                 with those corporations.                    NYC Department of Finance  
(1) A captive REIT or RIC must be included                                                   P.O. BOX 5564 
 in a combined report with the corpora-         (6) If a captive REIT or RIC is not required Binghamton, NY 13902-5564 
 tion that directly owns or controls over        to be included in a combined report or       
 50% of the voting stock of the captive          report under the GCT (Ad. Code § 11-        Remittances - Pay online with Form NYC-
 REIT or RIC if that corporation is sub-         605(4)(a)(5)) or BCT (Ad. Code § 11-        200V at nyc.gov/eservices, or Mail payment 
 ject to tax or required to be included in a     646(f), then the corporation will be        and Form NYC-200V only to: 
 combined report under the GCT.                  required to file a combined report if it ei-
                                                 ther meets the substantial intercorporate   NYC Department of Finance 
(2) If over 50% of the voting stock of a cap-    transactions requirement provided in Ad.    P.O. Box 3933 
 tive REIT or RIC is not directly owned          Code 11-605(4)(a) or the inter-company      New York, NY  10008-3933

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                                    Page 4

Returns claiming refunds:                        the same amended return that includes sepa-    OTHER FORMS YOU MAY BE 
NYC Department of Finance                        rate explanatory tax worksheets for the IRS    REQUIRED TO FILE  
P.O. Box 5563                                    Tax Base Changes and the DTF Tax Base           
Binghamton , NY 13902-5563                       Changes.  Note that for taxable years begin-   FORM NYC-EXT - Application For Auto-
                                                 ning on or after January 1, 2015, DTF Tax      matic 6-Month Extension of  Time to File 
AUTOMATIC EXTENSIONS                             Base Changes may include changes that af-      Business Income Tax Return.  File it on or be-
An automatic extension of six months for filing  fect income or capital allocation.             fore the due date of the return. 
this return will be allowed if, by the original                                                  
due date, the taxpayer files with the Depart-    The Amended Return checkbox on the re-         FORM NYC-EXT.1 - Application for Addi-
ment of Finance an application for automatic     turn is to be used for reporting an IRS or     tional Extension is a request for an additional 
extension on Form NYC-EXT and pays the           DTF Tax Base Changes, with the appropri-       three months of time to file a return.  A cor-
amount properly estimated as its tax.  See the   ate box for the agency making the Tax Base     poration with a valid six-month extension is 
instructions for Form NYC-EXT for informa-       Changes also checked.  Taxpayers must file     limited to two additional extensions. 
                                                                                                 
tion regarding what constitutes a proper esti-   an amended return for Tax Base Changes         FORM NYC-222 - Underpayment of Esti-
mated tax for this purpose.  Failure to pay a    within 90 days (120 days for taxpayers fil-    mated Tax by Corporations will help a corpo-
proper estimated amount will result in a denial  ing a combined report) after (i) a final de-   ration determine if it has underpaid an 
of the extension.  A taxpayer with a valid six-  termination on the part of the IRS or DTF,     estimated tax installment and, if necessary, 
month automatic extension filed on Form          (ii) the signing of a waiver under IRC         compute the penalty due. 
NYC-EXT may request up to two additional         §6312(d) or NY Tax Law §1081(f), or (iii)       
three-month extensions by filing Form NYC-       the IRS’ allowance of a tentative adjustment   FORM NYC-245 - Activities Report of Busi-
EXT.1.  A separate Form NYC-EXT.1 must be        based on a an NOL carryback or a net cap-      ness and General Corporations must be filed 
filed for each additional three-month extension. ital loss carryback.                           by a corporation that has an officer, employee, 
                                                                                                agent or representative in the City but disclaims 
Mail Forms NYC-EXT and EXT.1 to the ad-          If the taxpayer believes that any Tax Base     liability for the General Corporation Tax. 
dress indicated on those forms.                  Change is erroneous or should not apply to      
                                                 its City tax calculation, it should not incor- FORM NYC-399 -  Schedule of New York 
FINAL RETURNS                                    porate that Tax Base Change into its City      City Depreciation Adjustments is used to com-
If an S corporation ceases to do business in     tax calculation on its amended return.         pute the allowable New York City depreciation 
New York City, the due date for filing a final   However, the taxpayer must attach: (i) a       deduction if a federal ACRS or MACRS de-
General Corporation Tax Return is the 15th       statement to its report that explains why it   preciation deduction is claimed for certain prop-
day after the date of the cessation (Section 11- believes the adjustment is erroneous or in-    erty placed in service after December 31, 1980. 
605 of the NYC Admin. Code).  Corporations       applicable; (ii) the explanatory tax work-      
may apply for an automatic six-month exten-      sheet that identifies each Tax Base Change     FORM NYC-399Z - Depreciation Adjust-
sion for filing a final return by filing Form    and shows how each would affect its City       ments for Certain Post 9/10/01 Property may 
NYC-EXT, Application  for Automatic  6-          tax calculation; and (iii) a copy of the IRS   have to be filed by taxpayers claiming de-
Month Extension of Time to File Business In-     and/or DTF final determination, waiver, or     preciation deductions for certain sport utility 
come Tax Return on or before that date.  Any     notice of carryback allowance.                 vehicles or "qualified property," other than 
tax due must be paid with the final return or                                                   "qualified New York Liberty Zone property," 
the extension, whichever is filed earlier.       For more information on federal or state       "qualified New York Liberty Zone leasehold 
                                                 Tax Base Changes, including a more ex-         improvements" and “qualified resurgence 
AMENDED RETURNS                                  pansive explanation of how taxpayers must      zone property” placed in service after Sep-
For taxable years beginning on or after Jan-     report these changes as well as a sample of    tember 10, 2001, for federal or New York 
uary 1, 2015, changes in taxable income or       the explanatory schedule to be included        State tax purposes. See Finance Memoran-
other tax base made by the Internal Revenue      within the amended return, see   Finance       dum 22-1, “Application of IRC §280F Lim-
Service (“IRS”) and /or New York State De-       Memorandum 17-5, revised 10/10/2018.           its to Sports Utility Vehicles.” 
partment of Taxation and Finance (“DTF”)                                                         
will no longer be reported on form NYC-          To report changes in taxable income or         FORM NYC-400 - Declaration of Estimated 
                                                 other tax base made by the Internal Rev-       Tax by General Corporations must be filed by 
3360.  Instead, taxpayers must report these      enue Service and /or New York State De-        any corporation whose New York City tax li-
federal or state changes to taxable income or    partment of  Taxation and Finance for          ability can reasonably be expected to exceed 
other tax base by filing an amended return.      taxable years beginning prior to January 1,    $1,000 for any calendar or fiscal tax year.  
This amended return must include an ex-          2015, the Form NYC-3360 should still be        Form NYC-400 may also be used to make the 
planatory DOF tax worksheet that identifies      used.                                          quarterly estimated tax payments. 
each change to the tax base (“Tax Base                                                           
Change”) and shows how each such  Tax            ACCESSING NYC TAX FORMS                        FORM NYC-3360 - General Corporation 
Base Change affects the taxpayer’s calcula-                                                     Tax Report of Change in Tax Base Made by 
tion of its New York City tax.  A template for   By Computer - Download forms from the Fi-      Internal Revenue Service and/or New York 
the explanatory tax worksheet (Schedule          nance website at nyc.gov/finance               State Department of Taxation and Finance is 
Template) will be available on the DOF web-                                                     used for reporting adjustments in taxable in-
site at nyc.gov/finance.  This amended return    By Phone - Order forms by calling 311.  If     come or other basis of tax resulting from an 
must also include a copy of the IRS and/or       calling from outside of the five NYC bor-      audit of your federal corporate tax return 
DTF final determination, waiver, or notice of    oughs, please call 212-NEW-YORK (212-          and/or State audit of your State corporate tax 
carryback allowance.  Taxpayers that have        639-9675).                                     return for taxable years beginning prior to 
federal and state Tax Base Changes for the                                                      January 1, 2015 only. 
same tax period may report these changes on

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                                   Page 5

FORM NYC-CR-A - Commercial Rent Tax               If the amendment is made after the 15th day       appears in the "Preparer's Use Only" section 
Annual Return must be filed by every tenant       of the 9th month of the taxable year, any in-     of your return.  It does not apply to the firm, 
that rents premises for business purposes in      crease in tax must be paid with the amend-        if any, shown in that section.  By checking the 
Manhattan south of the center line of 96th        ment.                                             "Yes" box, you are authorizing the Depart-
Street and whose annual or annualized gross                                                         ment of Finance to call the preparer to answer 
rent for any premises is at least $200,000.       These payments can also be made online at         any questions that may arise during the pro-
(Effective June 1, 2001.)                         nyc.gov/eservices.                                cessing of your return. Also, you are author-
                                                                                                    izing the preparer to: 
FORM NYC-RPT - Real Property Transfer             For more information regarding estimated tax       
Tax Return must be filed when the corporation     payments and due dates, see Form NYC-400.         l give the Department any information 
acquires or disposes of an interest in real prop-                                                     missing from your return, 
erty, including a leasehold interest; when there  PENALTY FOR UNDERSTATING TAX                       
is a partial or complete liquidation of the cor-  If there is a substantial understatement of tax   l call the Department for information 
poration that owns or leases real property; or    (i.e., if the amount of the understatement ex-      about the processing of your return or the 
when there is a transfer of a controlling eco-    ceeds the greater of 10% of the tax required        status of your refund or payment(s), and 
nomic interest in a corporation, partnership or   to be shown on the return or $5,000) for any       
trust that owns or leases real property.          taxable year, a penalty will be imposed equal     l respond to certain notices that you have 
                                                  to 10% of the amount of the understated tax.        shared with the preparer about math er-
FORM NYC-ATT-S-CORP - Calculation of                                                                  rors, offsets, and return preparation.  The 
federal Taxable Income for S Corporations         The amount on which you pay the penalty can         notices will not be sent to the preparer. 
must be included in the GCT filing of every       be reduced by subtracting any item for which       
federal S corporation.                            (1) there is or was substantial authority for the You are not authorizing the preparer to receive 
                                                   way in which the item was treated on the re-     any refund check, bind you to anything (in-
FORM NYC-NOLD-GCT - Net Operating                 turn, or (2) there is adequate disclosure of the  cluding any additional tax liability), or other-
Loss Deduction Computation must be in-            relevant facts affecting the item’s tax treat-    wise represent you before the Department.  
cluded in the GCT filing of every GCT tax-        ment on the return or in a statement attached     The authorization cannot be revoked;  how-
payer claiming a net operating loss deduction.    to the return.                                    ever, the authorization will automatically ex-
                                                                                                    pire no later than the due date (without regard 
FORM NYC-3A/B –  If more than one sub-                                                              to any extensions) for filing next year's return.  
sidiary is included in the combined report        CHANGE OF BUSINESS INFORMA-                       Failure to check the box will be deemed a de-
complete  the Subsidiary Detail Spreadsheet       TION                                              nial of authority. 
which must be included in the Combined            If there have been any changes in your busi-       
GCT tax filing.                                   ness name, identification number, billing or      SPECIFIC INSTRUCTIONS 
                                                  mailing address or telephone number, com-          
FORM NYC-3A/ATT –  this schedule must be          plete Form DOF-1, Change of Business In-          Period Covered 
completed by each member of the combined          formation.   You can obtain this form by           
group.                                            calling 311.  If calling from outside of the five File the 2022 return for calendar year 
                                                  NYC boroughs, please call 212-NEW-YORK            2022 and fiscal years that  begin in 2022 
If you have delinquent taxes and you are in-      (212-639-9675).   You can also logon to           and end in 2023. For a fiscal or short tax 
terested in the Voluntary Disclosure and Com-     nyc.gov/finance.                                  year return, fill in the tax year space at the 
pliance Program, please go to our website at                                                        top of the form. The 2022 Form NYC-3A 
www.nyc.gov/finance.                              SIGNATURE                                         also can be used if: 
                                                  This report must be signed by an officer au-       
ESTIMATED TAX                                     thorized to certify that the statements con-      • You have a tax year of less than 12 
If the tax for the period following that covered  tained herein are true.  If the taxpayer is a       months that begins and ends in 2023, 
by this return is expected to exceed $1,000, a    publicly-traded partnership or another unin-        and 
declaration of estimated tax and installment      corporated entity taxed as a corporation, this     
payments are required. Form NYC-400 is to         return must be signed by a person duly au-        • The 2023 Form NYC-3A is not avail-
be used for this purpose.  If the tax on this re- thorized to act on behalf of the taxpayer.          able at the time you are required to file 
turn exceeds $1,000, submit Form NYC-400                                                              the return. 
which is available on the Department of Fi-       TAX PREPARERS                                      
nance’s website.                                  Anyone who prepares a return for a fee must       You must show the 2023 tax year on the 
                                                  sign the return as a paid preparer and enter his  2022 Form NYC-3A and take into account 
If, after filing a declaration, your estimated    or her Social Security Number or PTIN.  (See      any tax law changes that are effective for 
tax substantially increases or decreases as a     Finance Memorandum 00-1.)  Include the            tax years beginning after December 31, 
result of a change in income, deduction or al-    company or corporation name and Employer          2022. 
location, you must amend your declaration on      Identification Number, if applicable.              
or before the next date for an installment pay-                                                     Special Condition Codes 
ment.  Mail the amended declaration, using        Preparer Authorization:  If you want to           Check the Finance website for applicable 
Form NYC-400, along with your check to:           allow the Department of Finance to discuss        special condition codes. If applicable, enter 
                                                  your return with the paid preparer who signed     the two character code in the box provided 
       NYC Department of Finance                  it, you must check the "Yes" box in the signa-    on the form. 
       P.O. Box 3922                              ture area of the return. This authorization ap-    
       New York, NY 10008-3922                    plies only to the individual whose signature

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                                             Page 6

Special short-period returns                     Line 2 - Salaries. No portion of officers salaries     Short periods -Fixed dollar minimum tax  
If this is NOT a final return and your Federal   and other compensation is included in the alter-        
return covered a period of less than 12          native tax base. Notwithstanding the foregoing,        Compute the New York City receipts for short pe-
months as a result of your joining or leaving    include in the alternative tax computation 100%        riods (tax periods of less than 12 months) by di-
a Federal consolidated group or as a result of   of all salaries and compensation of stockholders       viding the amount of New York City receipts by 
a Federal IRC §338 election, this return gen-    owning more than 5% of the corporation’s stock,        the number of months in the short period and mul-
erally will be due on the due date for the Fed-  as deducted for federal tax purposes and reported      tiplying the result by 12.  Once this annualized 
eral return and not on the date noted on the     on Schedule F of Form NYC-3A/B or NYC-                 amount is calculated (do not replace your NYC 
return on page 2. Check the box on the front     3A/ATT, regardless of whether such stockhold-          receipts on Line 4 with this annualized amount) 
of the return.                                   ers are also officers. In determining whether a        use the table above to determine the fixed dollar 
                                                 stockholder owns more than 5% of the issued            minimum tax  based on the annualized amount. 
9/11/01 related tax benefits                     capital stock, include all classes of voting and       The resulting fixed dollar minimum tax may be 
Check the appropriate box on page 1 of this      nonvoting stock, issued and outstanding.               reduced for short periods  as indicated below.  
form if, on your federal return: (i) you re-                                                            Enter the reduced amount on line 4 (If applicable). 
ported bonus depreciation and/or a first year    Line 3 - Enter on line 3 the sum of line 1 and          
expense deduction under IRC §179 for "qual-      line 2.                                                 Period Reduction 
ified New York Liberty Zone property," "qual-                                                            lNot more than 6 months................50% 
ified New  York Liberty Zone leasehold           Line 4 - Enter $40,000. If the return does not         l More than 6 months 
improvements," or "qualified Resurgence          cover an entire year, the exclusion must be pro-         but not more than 9 months...........25% 
Zone property," regardless of whether you are    rated based on period covered by the return.           l More than 9 months .....................None 
                                                  
required to file form NYC-399Z or (ii)  you      Line 6 - The alternative tax measured by entire         
replaced property involuntarily converted as                                                            CREDITS - GENERAL 
                                                 net income plus compensation is determined by 
a result of the attacks on the World Trade Cen-                                                         Complete a separate Credit Form for the re-
                                                 multiplying line 5 by 15 percent. 
ter during the five (5) year extended replace-                                                          porting corporation and any other member of 
ment period.  You must attach Federal forms      LINE 4 - MINIMUM TAX                                   the combined group, if applicable. The Total 
4562, 4684 and 4797 to this return.              For tax years beginning after 2008, there is a         amount of each credit, i.e. the sum of the cred-
                                                 sliding scale fixed dollar minimum tax based on        its taken for each member of the combined 
SCHEDULE A                                       business receipts allocated to New York City.          group, is placed on Schedule A, line 9, 11a, 
Computation of Tax                               The amount of City business receipts for this          11b, 12a, or 12c. 
                                                 purpose is the same as the amount used for de-          
LINE A - PAYMENT                                 termining the taxpayer’s business allocation per-      LINE 9 – CREDIT FROM FORM NYC- 9.7  
After completing this form, enter the amount     centage.  See Ad Code § 11-604(1)(E)(a)(4) as          Enter on line 9 the sum of credits against the Gen-
of your payment.                                 amended by Ch. 201, § 17, of the Laws of 2009.         eral Corporation tax for unincorporated business tax 
                                                                                                        paid by partnerships from which any corporation 
LINE 2 - ALLOCATED CAPITAL                       Enter the amount of New York City Receipts             included in this return receives a distributive share 
The tax based on allocated combined capital      for the reporting corporation from Schedule            or guaranteed payment that is included in calculat-
is limited to $1,000,000.  Multiply the amount   H, column A, line 6a  and the Minimum Tax              ing General Corporation Tax liability on either the 
from Schedule E, line  14 by the applicable      amount for the reporting corporation from              entire net income or income plus compensation 
percentage, but do not enter more than           the following table.  If 100% of your busi-            base.  (Attach Form NYC-9.7).  Taxpayers liable 
$1,000,000 in the right-hand column on line      ness income is to be allocated to the City,            for the General Corporation Tax on the capital base 
2, Schedule A.                                   enter the total amount of your business re-            or for the minimum tax should enter zero on  line 9.  
                                                 ceipts, which should be the same as the                (See the instructions to Form NYC-9.7.) 
LINE 3 - ALTERNATIVE TAX                         amount you would have had to enter on                   
Every taxpayer, other than a REIT or RIC,        Schedule H, column A, line 6a, if you had              LINE 11a – CREDITS FROM FORM NYC– 9.5 
must calculate its alternative tax and enter its been required to complete that line.                   Enter on this line the Relocation and Em-
computation on line 3. To compute the alter-                                                            ployment Assistance Program (REAP) credit 
native tax, measured by entire net income plus   Table - Fixed dollar minimum tax                       (Attach Form NYC-9.5). 
compensation, you must use the schedule on       For a corporation with New York City                    
                                                                                                        LINE 11b - CREDITS FROM FORM NYC-9.8 
page 2 of Form NYC-3A. Professional cor-         receipts of:                                           Enter on this line the sum of the credits against the 
porations must calculate the alternative tax. 
                                                 Not  more than $100,000:........................$25    General Corporation Tax for the new Lower Man-
ADDITIONAL INFORMATION FOR                       More than $100,000                                     hattan relocation and employment assistance pro-
                                                                                                        gram. (Attach Form NYC-9.8). 
COMPUTING THE ALTERNATIVE TAX                     but not over $250,000:............................$75  
                                                 More than $250,000                                     LINE 12a – CREDITS FROM  FORM NYC-9.6 
ALTERNATIVE TAX SCHEDULE                         but  not over $500,000:..........................$175  Real estate tax escalation credit and employ-
Line 1 - Net Income. Enter the amount from 
Schedule B, line 18 or 19. If the amount en-     More than $500,000                                     ment opportunity relocation costs credit and 
tered on Schedule B, line 18 is 0 because the     but not over $1,000,000:.......................$500   industrial business zone credit (Refer to in-
amount that would have been entered on that      More than $1,000,000                                   structions on Form NYC-9.6 and attach form). 
                                                                                                         
line would have been a loss (i.e., the amount     but not over $5,000,000:....................$1,500    LINE 12c – CREDITS FROM FORM NYC-9.12 
on Schedule B, line 17 was greater than the 
                                                 More than $5,000,000 
amount on Schedule B, line 8), enter the                                                                Enter on this line the Beer Production Credit. 
                                                 but not over $25,000,000:..................$3,500 
amount of this loss on line 1.                                                                          (Attach Form NYC-9.12). 
                                                 Over $25,000,000:.............................$5,000

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Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022 Page 7

LINE 14b - FIRST INSTALLMENT PAY- installment payment of estimated tax due. (For porate eliminations for each corporation in the
MENT complete details, refer to Form NYC-222, Un- combined group. Subtract column D from the
Do not use this line if an application for au- derpayment of Estimated Tax by Corporations.) subtotal in column C and enter the balance in
tomatic extension, Form NYC-EXT, has been If you underpaid your estimated tax, use Form column E.
filed. The payment of the amount shown at NYC-222 to compute the penalty. Attach Form
line 14 is required as payment on account of NYC-222. If no penalty is due, enter “0” on Form NYC- 3A/B provides a column for
estimated tax for the 2023 calendar year, if a line 19c. Form NYC-222 may be attached as a each member in the group other than the re-
calendar year taxpayer, or for the taxable year PDF if you are e-filing. porting corporation. The columns are added
beginning in 2023, if a fiscal year taxpayer. together and the totals are then carried to the
LINE 23 - TOTAL REMITTANCE DUE subsidiary column B on Form NYC-3A. If
LINE 16 - PREPAYMENTS If the amount on line 17 is greater than zero or there are only two corporations included in
Enter the sum from line H, Prepayment Sched- the amount on line 21 is less than zero, enter the combined return, Form NYC-3A/B is not
ule of all estimated payments made for this tax on line 23 the sum of line 17 and the amount, required. If more than four corporations are
period, the payment made with the extension if any, by which line 20 exceeds the amount included in the combined return, attach mul-
request, if any, and both the carryover credit on line 18. tiple copies of Form NYC-3A/B, pages 2, 4,
and the first installment recorded on the prior and 6. Do not attach multiple copies of pages
tax period’s return. LINE 25 - GROSS RECEIPTS OR 1, 3 and 5.
SALES
LINE 19a - LATE PAYMENT - INTEREST The amount entered on line 25 should be the Form NYC-3A/ATT provides subsidiary cap-
If the tax is not paid on or before the due date sum of the gross receipts or sales less returns ital, investment capital, salaries and compen-
(determined without regard to any extension of and allowances for each member of the com- sation of stockholders and business location
time), interest must be paid on the amount of the bined group. information. Attach one Form NYC-3A/ATT
underpayment from the due date to the date paid.
For information as to the applicable rate of inter- LINE 28 - NEW YORK CITY RENT for each corporation in the combined group
(including the reporting corporation). For sub-
est, call 311. If calling from outside of the five Enter the total rent deducted for federal pur-
sidiaries, the Total columns from these sched-
NYC boroughs, please call 212-NEW-YORK poses for premises located in New York City
ules are carried to Form NYC-3A/B, if Form
(212-639-9675) or logon to nyc.gov/finance. for each member of the combined group. Rent
NYC-3A/B is required. Transfer the amounts
includes consideration paid for the use or oc-
to the schedules and lines on the Form NYC-
LINE 19b - LATE PAYMENT OR LATE cupancy of premises as well as payments
3A/B as indicated. If there are only two cor-
FILING/ADDITIONAL CHARGES made to or on behalf of a landlord for taxes, porations included in the combined return, the
a) A late filing penalty is assessed if you fail charges, insurance or other expenses normally Total column may be carried directly to the
to file this form when due, unless the fail- payable by the landlord other than for the im- Total Subsidiaries column in the appropriate
ure is due to reasonable cause. For every provement, repair or maintenance of the ten- schedule of Form NYC-3A. For the reporting
month or partial month that this form is ant's premises. corporation, the Total column is carried di-
late, add to the tax (less any payments
made on or before the due date) 5%, up to PREPAYMENTS SCHEDULE rectly to the column in the appropriate sched-
a total of 25%. Enter the payment date and the amount of all ule on Form NYC-3A.
prepayments made for this tax period. In-
b) If this form is filed more than 60 days clude on Line G the payments made by any SCHEDULE B
late, the above late filing penalty cannot of the subsidiaries. Attach a rider detailing the (Entire Net Income)
be less than the lesser of (1) $100 or (2) payments. Form NYC-3A/B does not include lines for
100% of the amount required to be shown those items that are computed on the com-
on the form (less any payments made by For interest calculations and account informa- bined basis.
the due date or credits claimed on the re- tion, call 311. If calling from outside of the
turn). five NYC boroughs, please call 212-NEW- LINE 1 - FEDERAL TAXABLE INCOME
YORK (212-639-9675). You can also visit the S corporations and qualified subchapter S
c) A late payment penalty is assessed if you Finance website at nyc.gov/finance subsidiaries (QSSS) must file returns as or-
fail to pay the tax shown on this form by dinary corporations. Federal S corporation
the prescribed filing date, unless the fail- THE FOLLOWING LINE taxpayers included in a combined return
ure is due to reasonable cause. For every INSTRUCTIONS ARE FOR FORMS NYC- must complete form NYC-ATT-S-CORP,
month or partial month that your pay- 3A, NYC-3A/B AND NYC-3A/ATT. Calculation of Federal Taxable Income for S
ment is late, add to the tax (less any pay- corporations and include it with this Form.
ments made) 1/2%, up to a total of 25%. Form NYC- 3A is the form on which the com-

bined tax is computed. In column A, enter the
d) The total of the additional charges in a) and NOTE: The charitable contribution deduc-
information for the reporting corporation. In col-
c) may not exceed 5% for any one month tion from federal Form 1120S, Schedule K,
umn B, enter the total for all subsidiaries from
except as provided for in b). line 12a may not exceed 10% of the sum of
Form NYC-3A/B. If the group is comprised of lines 1 through 12d (other than line 12a) of
If you claim not to be liable for these additional only one subsidiary, enter the information for Schedule K, subject to any exception pro-
charges, attach a statement to your return ex- that subsidiary in column B and Item 3 of the vided in the IRC with respect to C corpora-
plaining the delay in filing, payment or both. Additional Information Required on page 10. tions.

LINE 19c - PENALTY FOR UNDERPAY- Columns A and B on Form NYC-3A are then LINE 2 - NONTAXABLE INTEREST
MENT OF ESTIMATED TAX added together, and the subtotal is indicated in Include all interest received or accrued which
A penalty is imposed for failure to file a decla- column C. Enter in column D any intercorpo- was not taxable on your federal income tax
ration of estimated tax or for failure to pay each rate eliminations. Attach a rider of any intercor- return.

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                             Page 8

LINES 3 AND 4 - SUBSIDIARY                       On line 5b, enter the amount of New York            New York liberty zone property", "quali-
CAPITAL                                          City General Corporation Tax and Banking            fied New York liberty zone leasehold im-
A subsidiary is a corporation which is con-      Corporation Tax deducted on your federal re-        provements" and "qualified property" 
trolled by the taxpayer by reason of the tax-    turn.                                               placed in service in the Resurgence Zone 
payer’s ownership of more than 50% of the                                                            (generally the area in the borough of Man-
total number of shares of the corporation’s      LINE 5c - NYS PASS THROUGH                          hattan south of Houston Street and north 
voting capital stock, issued and outstanding.    ENTITY TAX  AND  SIMILAR TAXES                      of Canal Street).   For City tax purposes, 
The term “subsidiary capital” means all in-      FROM OTHER JURISDICTIONS                            depreciation deductions for all other "qual-
vestments in the stock of subsidiary corpora-    For tax years beginning on or after January 1,      ified property" must be calculated as if the 
tions, plus all indebtedness from subsidiary     2021, eligible pass through entities may opt        property was placed in service prior to 
corporations (other than accounts receivable     into the NYS PTET Tax imposed under New             September 11, 2001.  
acquired in the ordinary course of business for  York Tax Law Article 24-A. Pursuant to Ad-          
services rendered or from sales of property      ministrative Code Section 11-602(8)(b)(3),         Recent Federal Legislation Effecting De-
held primarily for sale to customers), whether   General Corporation Tax taxpayers are re-          preciation.  
or not evidenced by bonds or other written in-   quired to add back NYS PTET deducted from          Section 13201(b) of the Tax Cuts and Jobs Act 
struments, on which interest is not claimed      federal taxable income. Taxpayers are also re-     of 2017 (“TCJA”) extended the bonus depre-
and deducted by the subsidiary for purposes      quired to add back to federal taxable income       ciation deduction to cover property placed in 
of taxation under Title 11, Chapter 6, Sub-      similar pass through entity taxes from other       service before January 1, 2027 (except for air-
chapters 2 and 3 of the Admin. Code.             jurisdictions. Enter on line 5c the amount of      craft and long-production period property have 
                                                 NYS PTET and similar taxes from other ju-          to be placed into service before January 1, 
If you have a subsidiary, complete lines 3 and   risdictions (other than New York City) de-         2028.) Previously, Section 143 of the Protect-
4, and attach a list of all items included.  You ducted when calculating federal taxable            ing Americans from Tax Hikes Act of 2015, 
will also have to complete Schedule C.  If you   income. (Attach a schedule listing each lo-        Pub. L. No.114-113, Div Q (December 18, 
do not have a subsidiary, enter “0” on lines 3   cality and the amount of all those taxes de-       2015) (“2015 PATH Act”) had extended bonus 
and 4.                                           ducted on your federal return).                    depreciation so that it was available for prop-
                                                                                                    erty acquired and placed in service during 
On line 3, enter total of amounts, including in- LINE 5d - NEW YORK CITY                            2015-2019; bonus depreciation was extended 
terest expense, deducted in computing federal    PASS THROUGH ENTITY TAX                            through 2020 for certain property with a 
taxable income that are directly attributable to For tax years beginning on or after January 1,     longer production period. Under the 2015 
subsidiary capital or to income, gains or losses 2022, eligible New York City pass through          PATH Act, the bonus depreciation is 50% for 
from subsidiary capital.  Include capital losses entities may opt into the NYC PTET imposed         property placed in service during 2015-2017, 
from sales or exchanges of subsidiary capital,   under New York Tax Law Article 24-B. Pur-          40% for property placed in service during 
all other losses, bad debts and any carrying     suant to  Administrative Code Section 11-          2018, and 30% for property placed in service 
charges attributable to subsidiary capital.      602(8)(b)(3), taxpayers subject to the General     during 2019. 
On line 4, enter all amounts, including inter-   Corporation  Tax are required to add back           
est, that are indirectly attributable to sub-    NYC PTET deducted in calculating federal           Pursuant to section 13201(a) of the TCJA, for 
sidiary capital or to income, gains or losses    taxable income. Enter on line 5d the amount        property placed in service after September 27, 
from subsidiary capital.                         of NYC PTET deducted when calculating              2017, the bonus depreciation rate was raised 
                                                 federal taxable income.                            to 100% with the phase-down to begin in 
For more information, see also Statement of                                                         2023. The taxpayer can elect to apply a 50% 
Audit Procedure GCT-2008-04, Noninterest         LINES 6a, 6b and 6c - NEW YORK CITY                depreciation rate for property placed in serv-
Expense Attribution, April 9, 2008, available    ADJUSTMENTS                                        ice in the taxpayer’s first tax year ending after 
on the Department's website (nyc.gov/fi-         a & b) For the reporting corporation, enter the    September 27, 2017. The phase-down of the 
nance).                                                 amount to NYC-3A, column A. For the         bonus depreciation enacted under the 2015 
                                                        other members of the combined group,        PATH Act is still applicable to property ac-
LINE 5 - STATE AND LOCAL                                enter amount on Form NYC-3A/B and           quired before September 28, 2017. Thus, for 
BUSINESS TAXES                                          the sum on NYC-3A column B.  If there       property acquired before September 28, 2017 
On line 5a enter the amount deducted on your            is only one other member of the com-        and placed in service in 2018, the bonus de-
federal return for business taxes paid or ac-           bined group, enter the amount for that      preciation is 40% and 30% for property 
crued to any state, any political subdivision of        corporation on the NYC-3A, column B.        placed in service in 2019 with no bonus de-
a state or to the District of Columbia if they          Taxpayers claiming the real estate tax es-  preciation for property placed in service after 
are on or measured by profits or income or in-          calation credit and/or the employment       2019. Under the TCJA the first year depreci-
clude profits or income as a measure of tax,            opportunity relocation costs credit or the  ation limit increase of $8,000 for passenger 
including taxes expressly in lieu of any of the         industrial business zone credit must        automobiles under §280(F)(a)(1)(A) is ex-
foregoing taxes.  Include the New York State            enter on lines 6(b) and 6(a), respectively, tended to include automobiles placed in serv-
Metropolitan Transportation  Business Tax               the amounts shown on lines 4 and 5, re-     ice on or before December 31, 2026. Prior to 
surcharge and the MTA Payroll Tax (New                  spectively, of Part II of Form NYC-9.6.     that, in order to qualify for the $8,000 increase 
York State Tax Law, Art. 23).  Do not include                                                       in bonus depreciation, the passenger automo-
Pass  Through Entity  Taxes, including the       c)     The federal bonus depreciation allowed for  bile would had to have been placed into serv-
NYS PTET and NYC PTET on this line.                     "qualified property", as defined in the Job ice on or before December 31, 2019. This 
                                                        Creation and Worker Assistance Act of       extension of the placed in service deadline 
Attach a rider listing each locality and the            2002 is not allowed for General Corpora-    only applies to automobiles acquired on or 
amount of all those taxes deducted on your              tion Tax purposes except for such deduc-    after September 28, 2017. However, if the 
federal return.                                         tions allowed with respect to "qualified    passenger automobile was acquired before

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                               Page 9

September 28, 2018, the first year additional    On the disposition of an SUV subject to the         of an election made under IRC Section 
depreciation is phased down to $6,400 in the     limitation, the amount of any gain or loss in-      168(f)(8) must be removed when comput-
case of an automobile placed in service during   cluded in income must be adjusted to reflect        ing New York City taxable income.  Any 
2018 and to $4,800 in the case of automobile     the limited deductions allowed for City pur-        amount excluded in the computation of 
placed in service during 2019.                   poses under this provision. Enter on Schedule       federal taxable income solely as a result of 
                                                 B, lines 6(c) and 15 the appropriate adjust-        an election made under IRC Section 
The Administrative Code limits the deprecia-     ments from form NYC-399Z.    See Finance            168(f)(8) must be included when comput-
tion for “qualified property” other than “Qual-  Memorandum 22-1, “Application of IRC                ing New York City taxable income. 
ified Resurgence Zone property” and “New         §280F Limits to Sports Utility Vehicles.”           
York Liberty Zone property” to the deduction                                                         Exempt from these adjustments are leases 
that would have been allowed for such prop-        The federal depreciation deduction com-           for qualified mass commuting vehicles 
erty had the property been acquired by the         puted under the Accelerated Cost Recov-           and property of a taxpayer, subject to the 
taxpayer on September 10, 2001, and there-         ery System or Modified Accelerated Cost           General Corporation Tax, principally en-
fore, except for Qualified Resurgence Zone         Recovery System (IRC Section 168) is              gaged in the conduct of an aviation, 
property, as defined in the  Administrative        not allowed for the following types of            steamboat, ferry or navigation business, 
Code and “New York Liberty Zone property,”         property:                                         or two or more such businesses, which is 
the City has decoupled from the federal bonus                                                        placed in service before taxable years be-
depreciation provision. Qualified Resurgence     l property placed in service in New York            ginning in 1989. 
Zone property is qualified property described      State in taxable years beginning before Jan-      
in section 168(k)(2) of the internal revenue       uary 1, 1985 (except recovery property            Enter the appropriate additions and de-
code substantially all of the use of which is in   subject to the provisions of Internal Rev-        ductions on lines 7 and 16, respectively, 
the Resurgence Zone (which is generally in         enue Code Section 280-F)                          and attach a rider to show the “safe har-
                                                  
                                                                                                     bor” adjustments to New York City tax-
the borough of Manhattan south of Houston        l property of a taxpayer principally en-
Street and north of Canal Street), is in the ac-                                                     able income. 
                                                   gaged in the conduct of an aviation, 
tive conduct of a trade or business by the tax-                                                      
                                                   steamboat, ferry, or navigation business, 
payer in such zone, and the original use of                                                         b) Foreign taxes paid or accrued that are de-
                                                   or two or more such businesses which is 
which in the Resurgence Zone commences                                                               ducted from gross income to determine 
                                                   placed in service in taxable years begin-
with the taxpayer after September 10, 2001.                                                          federal taxable income must be added to 
                                                   ning after December 31, 1988, and before 
The Administrative Code also requires appro-                                                         entire net income. A foreign tax credit 
                                                   January 1, 1994 
priate adjustments to the amount of any gain                                                         may not be used as a deduction when 
or loss included in entire net income or unin-   In place of the federal depreciation deduction, a   computing NYC entire net income. 
corporated business entire net income upon       depreciation deduction using pre-ACRS or            
the disposition of any property for which the    MACRS rules (IRC Section 167) is allowed.          c) Any “windfall profit” tax deducted in 
federal and New York City depreciation de-       Enter on line 6d the ACRS adjustment from           computing federal income must be added 
ductions differ. For further information, see    Form NYC-399, Schedule C, line 8, Column A.         back when computing NYC entire net in-
the instructions to Form NYC-3L and use          Enter on line 16 the ACRS adjustment from           come. 
Form NYC-399Z for this calculation.  For tax     Form NYC-399, Schedule C, line 8, Column B.         
years beginning on or after January 1, 2004,     ACRS and MACRS may be available for prop-          d) If the taxpayer deducted on its federal re-
other than for eligible farmers (for purposes    erty placed in service outside New York in years    turn interest paid to a corporate stock-
of the New York State farmers' school tax        beginning after 1984 and before 1994.  See Fi-      holder owning more than 50% of its 
credit), the amount allowed as a deduction       nance Memorandum 99-4 “Depreciation for             issued and outstanding stock, that corpo-
with respect to a sport utility vehicle that is  Property Placed in Service Outside New York         rate shareholder may not exclude that in-
not a passenger automobile for purposes of       After 1984 and Before 1994.”                        terest from its NYC entire net income as 
section 280F(d)(5) of the Internal Revenue                                                           income from subsidiary capital.  (See in-
Code is limited to the amount allowed under      LINE 7a - PAYMENT FOR USE                           structions for lines 3, 4 and 9.)  To enable 
section 280F of the Internal Revenue Code as     OF INTANGIBLES                                      a more than 50% corporate shareholder to 
if the vehicle were a passenger automobile as    Add back payments for the use of intangibles        treat any such interest as excludible in-
defined in that section. For SUVs that are       made to related members as required by Ad.          come from subsidiary capital, such inter-
qualified property other than qualified Resur-   Code section 11-602.8(n).  See Royalty Pay-         est should be added back on line 7, 
gence Zone property and other than New York      ments to Related Members, page 2.                   Column E, of this return in computing 
Liberty Zone property, the amount allowed as                                                         NYC entire net income. 
                                                                                                     
a deduction is calculated as of the date the     LINE 7c - OTHER ADDITIONS  
                                                                                                    e) In the case of a taxpayer organized out-
SUV was actually placed in service and not as    a) Effective for taxable years beginning on 
                                                                                                     side the United States, all income from 
of September 10, 2001.  Note that for General      or after January 1, 1982, the New York 
                                                                                                     sources outside the United States, less all 
Corporation Tax purposes:                          City Admin. Code was amended to nul-
                                                                                                     allowable deductions attributable thereto, 
                                                   lify the effects of federal “safe harbor 
                                                                                                     that was not taken into account in com-
- An SUV cannot qualify as either Qualified        leases” upon New York City taxable in-
                                                                                                     puting federal taxable income must be 
  Resurgence Zone Property or as New               come (Section 11-602.8(a)(8) and (9) of 
                                                                                                     added back in computing NYC entire net 
  York Liberty Zone property. See Admin-           the Admin. Code).  This applies to agree-
                                                                                                     income. 
  istrative Code section 11-602(8)(o).             ments entered into prior to January 1, 
                                                                                                     
                                                   1984. 
                                                                                                    f) Add back the amount of any federal de-
- An SUV cannot qualify for the additional        
                                                                                                     duction allowed pursuant to IRC 
  first year depreciation available under the      Any amount included in the computation 
                                                                                                     §250(a)(1)(A) to the extent such amount 
  recent federal legislation described above.      of federal taxable income solely as a result 
                                                                                                     was deducted in computing your federal

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                             Page 10

 taxable income reported on line 1.               However, the amount of any federal loss          businesses are permitted to claim a net op-
                                                  must be adjusted in accordance with Sec-         erating loss deduction in the same manner 
g) For taxable years beginning on or after        tion 11-602.8(f) of the  Admin. Code.            as other corporations. 
 January 1, 2022, the amount of any gain          Regulated investment companies and real          
 excluded from federal gross income for           estate investment trusts do not qualify for      These corporations are allowed to carry 
 the taxable year pursuant to IRC §1400Z-         this deduction.                                  forward any net operating losses or a pro-
 2(a)(1)(A) because it is invested in a qual-                                                      portionate part of a net operating loss sus-
 ified opportunity zone must be added            2) The deduction of a net operating loss car-     tained during the federal taxable period(s) 
 back. See  Ad. Code section 11-                  ryforward from prior years may not ex-           covering the years 1985 through 1988, 
 602(8)(b)(22).                                   ceed, and is limited to, the amount of the       provided the corporation was taxable 
                                                  current year’s federal taxable income.  A        under Title 11, Chapter 6, Subchapter 4 of 
LINES 9a, 9b AND 9c - INCOME FROM                 net operating loss may not be claimed as         the Admin. Code (Transportation Corpo-
SUBSIDIARY CAPITAL                                a deduction if Schedule B, line 1 reflects       ration Tax) for the calendar years 1985 
Enter on line 9a, Column E, dividends from        a loss.                                          through and including 1988.  The net op-
subsidiary capital that was included as part of                                                    erating loss must be computed as if: 
federal taxable income.  Complete Schedule C.    3) The deduction shall not exceed the deduc-      
                                                  tion that would have been allowed if the        a) the corporation had been subject to taxa-
Enter on line 9b, Column E, interest from sub-    taxpayer had not made an election to be an       tion under Subchapter 2 (General Corpo-
sidiary capital that was included in federal      S corporation under the rules of the Inter-      ration Tax) during the period(s) the loss 
taxable income.                                   nal Revenue Code or had not elected to be        was sustained, 
                                                  included in a group reporting on a consol-       
Enter on line 9c, Column E, capital gains and     idated basis for federal income tax pur-        b) the loss was sustained in 1988, and 
                                                                                                   
other income and gain from subsidiary capital     poses.                                          c) the taxpayer had elected to relinquish the 
that was included as part of federal taxable in-                                                   entire carryback period under IRC Sec-
 
come.  Complete Schedule C.                      4) The New York City net operating loss de-       tion 172. 
Do not enter on line 9b interest for which the    duction taken for City purposes for each         
payor subsidiary claimed a deduction.  (See       year may not exceed the deduction allow-         For special rules relating to acquisitions, 
instructions for Schedule B, lines 3 and 4,       able for that year for federal income tax        mergers or consolidations involving cor-
above for the definition of subsidiary capital.)  purposes calculated as if the taxpayer had       porations principally engaged in the con-
                                                  elected to relinquish the carryback period       duct of aviation, steamboat, ferry or 
LINE 10 - NONSUBSIDIARY                           except with respect to the first $10,000 of      navigation business, refer to Section 77b 
DIVIDENDS                                         each year’s loss.  The carryback period for      of Chapter 241 of the Laws of 1989. 
Enter 50% of dividends received from non-         General Corporation Tax purposes corre-          
subsidiary corporations.  Do not include the      sponds to the federal carryback period.  If     8) Corporations reporting both business and 
following: (1) “gross-up” dividends pursuant      the taxpayer elects to use a 2-year carry-       investment income must complete line 21 
to IRS Section 78, and (2) dividends from         back period for federal purposes, the same       of this schedule to apportion any net op-
stocks not meeting the holding period require-    carryback period applies for City purposes.      erating loss between business income and 
ment set forth in IRC Section 246(c).             If the taxpayer elects to relinquish the entire  investment income. 
                                                  carryback period for federal purposes, then      
LINE 11 - NET OPERATING LOSS                      the taxpayer may not carry back any             LINE 12 - PROPERTY  ACQUIRED 
Note that pursuant to the federal Tax Cuts and    amount for City purposes.  Losses incurred      PRIOR TO 1966 
Jobs Act of 2017, net operating losses generated  during taxable years beginning after De-        A deduction is allowed with respect to gain 
during or after 2018 generally may no longer be   cember 31, 2017, may not be carried back.       from the sale or other disposition of any prop-
carried back. These losses may be carried for-                                                    erty acquired prior to January 1, 1966 (except 
ward indefinitely; however each year’s deduc-    5) Losses which are not permitted to be car-     stock in trade, inventory, property held pri-
tion will be limited to 80% of federal taxable    ried back may generally be carried forward      marily for sale to customers in the ordinary 
income (without regard to the deduction).         and used to offset income for the period        course of trade or business, or accounts or 
                                                  permitted for federal tax purposes, gener-      notes receivable acquired in the ordinary 
Taxpayers claiming a deduction for a Net Oper-    ally, 20 years subsequent to the loss year      course of trade or business). The amount of 
ating Loss must now complete the form NYC-        for losses incurred in taxable years begin-     the deduction with respect to each such prop-
NOLD-GCT, Net Operating Loss Deduction            ning after August 5, 1997.  Losses incurred     erty is equal to the difference between: 
Computation. Attach a copy of the completed       during taxable years beginning after De-         
Form NYC-NOLD-GCT.                                cember 31, 2017, can be carried forward         a) the amount of the taxpayer’s federal tax-
                                                  indefinitely for federal purposes.               able income; and 
Enter New York City net operating loss carry-                                                      
forward from prior years.  The following rules   6) The deduction for losses incurred during tax- b) the amount of the taxpayer’s federal tax-
apply to net operating losses.                    able years beginning after December 31,          able income (if smaller than the amount 
                                                  2017, is limited to 80% of federal taxable in-   described in (a)), computed as if the fed-
1) A deduction may only be claimed for net        come calculated as if the corporation had not    eral adjusted basis of each such property 
 operating losses sustained in taxable            made the election pursuant to subchapter S       (on the sale or other disposition of which 
 years during all or part of which the cor-       of the IRC (without regard to the deduction).    gain was realized) on the date of the sale or 
 poration was subject to the General Cor-                                                          other disposition had been equal to either: 
 poration Tax.  New York City allows net         7) Corporations principally engaged in the        
 operating losses to be used in the same          conduct of an aviation, steamboat, ferry or      1) its fair market value on January 1, 
 manner as provided by IRC Section 172.           navigation business or two or more of such       1966, or the date of its sale or other

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                                         Page 11

  disposition prior to January 1, 1966,             putation. Enclose certification of com-            b) For tax years beginning on or after Au-
  plus or minus all adjustments to basis            pliance issued pursuant to Section 17-              gust 1, 2002, corporations that are part-
  made with respect to such property for            0707 or Section 19-0309 of the                      ners in partnerships that receive at least 
  federal income tax purposes for peri-             Environmental Conservation Law.  En-                eighty percent of their gross receipts from 
  ods on or after January 1, 1966; or               tire net income for the current year and            providing mobile telecommunications 
                                                    all succeeding years must be computed               services must exclude their distributive 
 2) the amount realized from its sale or other      without any deduction for such expendi-             share of income, gains, losses and deduc-
  disposition, whichever is lower.                  tures or for depreciation of such prop-             tions from any such partnership, includ-
                                                    erty.                                               ing their share of separately reported 
In no event, however, shall the total amount                                                            items, from their federal taxable income 
computed above exceed the taxpayer’s net gain      c) Deduct foreign dividend gross-up pur-             reported on line 1.  
for the year from the sale or other disposition     suant to Section 78 of the IRC to the ex-           
of property (other than stock in trade, inventory,  tent not deducted at line 9a.  Entire net          LINE 20 - INVESTMENT INCOME 
property held primarily for sale to customers in    income does not include any amount                 Investment income includes: 50% of divi-
the ordinary course of trade or business, or ac-    treated as dividends pursuant to Section           dends from non-subsidiary stocks held for in-
counts or notes receivable acquired in the ordi-    78 of the IRC.                                     vestment, interest from investment capital, net 
nary course of trade or business).  Attach a rider                                                     capital gain or loss from sales or exchanges 
showing computation and a copy of federal          d) Regulated investment companies must              of nonsubsidiary securities held for invest-
Form 1120-S, Schedule D.                            deduct dividends paid to stockholders on           ment, and income from cash if an election is 
                                                    this line.                                         made to treat cash as investment capital on 
LINE 13 - CITY AND STATE                                                                               line 3 of Schedule D.  Do not include any 
REFUNDS                                            e) The amount of any gain included in en-           “gross-up” dividends pursuant to Section 78 
Enter on line 13, in the appropriate columns, re-   tire net income pursuant to Ad. Code sec-          of the IRC that have been deducted in com-
funds or credits of the New York City General       tion 11-602(8)(b)(22) in a previous tax            puting entire net income. 
Corporation Tax, New York State Franchise Tax       year that is included in federal gross in-          
or New York City or State Banking Corpora-          come in the current tax year should be             Investment income includes interest received on a 
tion Tax for which no tax exclusion or deduc-       subtracted. See  Ad. Code section 11-              loan to a subsidiary if the subsidiary claims such 
tion was allowed in determining the taxpayer’s      602(8)(a)(15).                                     interest as an NYC General or Banking Corpora-
taxable (entire) net income in a prior year.                                                           tion Tax deduction on any return for any period, 
                                                   f) The amount of any grant received                 and if such loan is evidenced by a bond or other 
LINE 14 - FEDERAL JOBS CREDIT                       through either the COVID-19 Pandemic               corporate security.  Do not include any capital loss 
Enter the portion of wages and salaries paid        Small Business Recovery Grant Program,             which was not used in computing federal taxable 
or incurred for the taxable year for which a        pursuant to section-ff of the New York             income. 
deduction is not allowed pursuant to the pro-       State Urban Development Corporation                 
visions of Section 280C of the Internal Rev-        Act, or the Small Business Resilience              In computing investment income, subtract the 
enue Code.  Attach federal Form 5884 or any         Grant Program administered by the De-              amount of deductions allowable in computing 
other applicable federal form.                      partment of Small Business Services, to            entire net income which are directly or indi-
                                                                                                       rectly attributable to investment capital or in-
                                                    the extent the amount of either grant is in-
LINE 15 - DEPRECIATION                                                                                 vestment income. 
                                                    cluded in federal taxable income. 
ADJUSTMENT                                                                                              
Enter on line 15, in the appropriate columns,      LINE 18 – ENTIRE NET INCOME                         LINE 20a - DIVIDENDS  
the adjustments from Form NYC-399 and/or           If line 17 is greater than line 8 so that the       Enter dividends not excluded on line 10 except 
Form NYC-399Z,  Schedule C, line 8, Column         amount on this line would be a loss, enter zero     for “gross-up” dividends pursuant to Section 
B.  See instructions for Schedule B, line 6(c).    (“0”) on this line, skip lines 21 through 25b,      78 of the IRC.  This includes 50% of dividends 
                                                   and enter zero (“0”) on line 26 and on line 1       from nonsubsidiary corporations for which an 
LINE 16a – CONTRIBUTIONS OF CAP-                   of Schedule A.  That loss may be available as       exclusion was allowed on line 10 of this sched-
ITAL BY GOVERNMENTAL ENTITIES                      a carryover.  See instructions to Schedule B,       ule and 100% of dividends from stock not 
OR CIVIC GROUPS                                    line 11 for more information.                       meeting the holding period requirement set 
Enter on line 16a the amount, if any, of con-                                                          forth in Section 246(c) of the IRC.  
tributions to capital received from a govern-      LINE 19 - SPECIAL ADJUSTMENTS                        
mental entity or civic group, within the           If the amount on line 18 is not correct, enter the  LINE 20d - INCOME FROM CASH 
meaning of IRC §118(b)(2).                         correct amount on line 19 and explain in a          Enter income from cash on Schedule B, line 
                                                   rider.  If, as a result of the adjustments on this  20d, only if you have elected to treat cash as in-
LINE 16b - OTHER DEDUCTIONS                        line, entire net income is a loss, enter zero (“0”) vestment capital and have entered the amount 
a) Refer to instructions to Schedule B, line 7     on this line, skip lines 21 through 25b, and        thereof on Schedule D, line 3. 
 for adjustments relating to safe harbor           enter zero on line 26 and line 1 of Schedule A.      
 leases.                                                                                               LINE 20f - DEDUCTIONS ATTRIBUTA-
                                                   a) If you are, either separately or as a mem-       BLE TO INVESTMENT INCOME 
b) Taxpayers entitled to a special deduction        ber of a partnership, doing insurance busi-        For more information, see Statement of Audit 
 for construction, reconstruction, erection         ness as a member of the New  York                  Procedure GCT-2008-04, Noninterest Expense 
 or improvement of air pollution control            Insurance Exchange described in Section            Attribution, April 9, 2008, and Statement of 
 facilities initiated on or after January 1,        6201 of the Insurance Law, make the ad-            Audit Procedure PP-2008-12, GCT & UBT 
 1966, and having a situs in NYC in ac-             justment required under Section 11-                Treatment of Repurchase Agreements and Se-
 cordance with Section 11-602.8(g) should           602.8(a)(6) and Section 11-602.8(b)(8) of          curities Lending and Borrowing Transactions 
 submit a rider showing the complete com-           the Admin. Code.                                   for Financial Services Firms Regularly En-

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Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022 Page 12

gaged in Such Activities, March 31, 2008, of your investments in stocks, bonds, and other Enter amount from either:
available on the Department’s website at corporate or government securities, less liabil- NYC-3A/ATT, Sch. C,
nyc.gov/finance. Attach a list of the deductions ities, both long term and short term, directly line 1, col. C less
directly attributable to investment income and or indirectly attributable to investment capital. amount from line 2
the deductions indirectly attributable to invest- Investment capital does not include those of worksheet 7a. ___________

ment income. stocks, bonds or other securities that are held
OR
for sale to customers in the regular course of
LINE 21 - APPORTIONED NEW YORK business or that constitute subsidiary capital. NYC-3A/ATT, Sch. D,
CITY NET OPERATING LOSS DEDUC- Investment capital does not include interests line 1, col. C less
TION in, or obligations of, partnerships or other un- amount from line 3
Corporations that report both business and in- incorporated entities. (Refer to Title 19 Rules of worksheet 7b. ___________
vestment income must apportion any net op- of the City of New York Section 11-37 for the Adjusted total assets
erating loss deduction on line 11 between definition of investment capital.) from the appropriate
business income and investment income. This column on NYC-3A or
is computed by multiplying the net operating To determine the value of your assets for busi- NYC-3A/B, Sch. E, line 5
loss deduction by a ratio. The ratio is a frac- ness, investment and subsidiary capital pur- less amount from line 5
tion, the numerator of which consists of in- poses, you must include real property and of worksheet 8. ___________
vestment income before deducting any net marketable securities at fair market value.
Divide: line 7a or 7b by
operating loss and the denominator of which
The fair market value of any asset is the price line 8 9. _________%
is entire net income before deducting any net
(without any encumbrance, whether or not the
operating loss. The ratio may be expressed as Multiply line 6 by line 9 10. ___________
taxpayer is liable) at which a willing seller,
a percentage. Multiply the net operating loss Average value of a
not compelled to sell, will sell and a willing
deduction by the result. Attach a copy of particular asset 11. ___________
purchaser, not compelled to buy, will buy.
Form NYC-NOLD-GCT, Net Operating
The fair market value, on any date, of stocks,
Loss Deduction Computation. Enter amount from either:
bonds and other securities regularly dealt in NYC-3A/ATT, Sch. C,
LINE 22b – COMBINED on an exchange, or in the over-the-counter line 1, col. C 12a. ___________
INVESTMENT INCOME market, is the mean between the highest and
TO BE ALLOCATED lowest selling prices on that date. OR

Enter the amount from line 22a. If the amount The value of all other property must be in- NYC-3A/ATT, Sch. D,
on line 22a is greater than the amount on line cluded at the value shown on the taxpayer’s line 1, col. C 12b. ___________
18 or 19, enter the amount from line 18 or 19. books and records in accordance with gener- Divide: line 11 by
If the entry on line 22a is a loss, enter zero ally accepted accounting principles (GAAP). line 12a or 12b 13. _________%
(“0”) on line 22b. (Refer to the instructions for Schedule E, lines
1 through 5 for more information on comput- Enter amount from line 10 14. ___________

If the investment allocation percentage is zero, in- ing average value.) Multiply: line 14 by
terest on bank accounts must be multiplied by the line 13 15. ___________
business allocation percentage. In completing Schedules C and D of Form
NYC-3A/ATT, you may use the worksheet To determine the portion of subsidiary or in-
LINE 25b which appears below to determine the vestment capital to be allocated within the
If the amount on line 25a is not correct, enter the amount of liabilities indirectly attributable to City, multiply the amount of subsidiary or in-
correct amount on line 25b and explain in rider. a particular asset. vestment capital during the period covered by

SCHEDULE C In column D of Schedules C and D of Form the return by the issuer’s allocation percentage
(Subsidiary Capital) NYC-3A/ATT on the line for the asset in (as defined in the instructions for Schedule E,
line 15).
- and - question, include the sum of the amount from
line 15 of this worksheet and the amount of
SCHEDULE D liabilities directly attributable to that asset. This percentage may be obtained (1) from tax
(Investment Capital and Investment Alloca- service publications, (2) from the Depart-
tion Percentage) WORKSHEET ment’s website under “Forms & Publications”
Complete Schedule C if you have any sub- at nyc.gov/finance, or (3) by calling 311. If
sidiaries. (Refer to the instructions for Sched- Total liabilities from the calling from outside of the five NYC bor-
ule B, lines 3 and 4 for the definition of a appropriate column on oughs, please call 212-NEW-YORK (212-
subsidiary and subsidiary capital.) NYC-3A or NYC-3A/B, 639-9675). If the subsidiary or other issuer
Sch. E, line 6 1. ___________ was not doing business in New York City dur-
ing the preceding year, the percentage is zero.
If the tax period reported on this return is less Liabilities directly The investment allocation percentage should
than 12 months multiply the amount on Sched- attributable to: be rounded to the nearest one hundredth of a
ule C, line 4, Column E by a fraction, the nu- Subsidiary capital 2. ___________ percentage point.
merator of which is the number of months or
major parts thereof included in such period and Investment capital 3. ___________

SCHEDULE D, LINE 6 - CASH
the denominator of which is twelve. Business capital 4. ___________
If you have both business and investment cap-
Complete Schedule D if you have investment Add: lines 2, 3, and 4 5. ___________ ital, you may elect to treat cash on hand or on

capital. Investment capital is the average value Subtract line 5 from line 1 6. ___________ deposit as either business or investment capi-
tal. If you wish to elect to treat cash as in-

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                            Page 13

vestment capital, you must include it on this       reported in Schedule C, add the absolute          SCHEDULE H 
line.  Otherwise, you will be deemed to have        amount of the amount on line 8, Column E to       (Business Allocation Percentage)  
elected to treat cash as business capital.  You     the amount on line 7, Column E and enter the       
may not elect to treat part of such cash as         total on line 9, Column E.  For example, if the   Note:  Zip codes beginning with the follow-
business capital and part as investment capi-       amount on Schedule E, line 8, Column E is         ing three-digits are within the five boroughs 
tal.  You may not revoke your election after it     ($100) and the amount on Schedule E, line 7,      of New York City: 
has been made.                                      Column E is $200, the amount on Schedule          Manhattan      100, 101, 102 
                                                    E, line 9, Column E should be $300.               Bronx          104 
SCHEDULE E                                          If the amount on Schedule D, line 7, Column       Brooklyn       112 
 (Total Capital)                                    E is less than zero, enter zero (“0”) on line 10, Queens         111, 113, 114, 116 
                                                    Column E of this Schedule E, enter the            Staten Island  103 
LINES 1 THROUGH 5 - AVERAGE                         amount from line 9, Column E on line 11,           
VALUE OF TOTAL ASSETS                               Column E.                                         In addition, the five-digit zip codes 11004, 11005 
To determine the value of your assets for busi-                                                       and some addresses with a zip code of 11001, 
ness, investment and subsidiary capital pur-        LINES 12 THROUGH 14                               11040 and 11096 are in the borough of Queens.  
poses, you must include real property and           If the tax period reported on this return is less If the zip code is 11001, 11040 or 11096, consult 
marketable securities at fair market value.         than 12 months and allocated capital has been     the address translator located on the City’s web-
                                                    separately prorated for the corporations in-      site http://a030-goat.nyc.gov/goat/Default.aspx 
The value of all other property must be included at cluded in this combined report, do not prorate    to determine if the corporation's address is within 
the value shown on the taxpayer's books and         allocated capital again.  See instructions for    New York City. 
records in accordance with generally accepted ac-   this Schedule E, lines 7 through 11 for more       
counting principles (GAAP).                         information and for information on calculat-      A corporation is entitled to allocate part of its 
 
                                                    ing business and investment capital for the 
Use lines 2, 3 and 4 to adjust the value of the                                                       business income and capital outside New York 
                                                    corporations included in this combined report. 
assets reported and use the average value.  Av-                                                       City if it carries on business both inside and 
                                                     
erage value is generally computed on a quar-                                                          outside New York City  and, for taxable years 
                                                    LINE 15 - ISSUERS ALLOCATION PER-
terly basis. A more frequent basis (monthly,                                                          beginning before July 1, 1996, only if it has a 
                                                    CENTAGE   
weekly or daily) may be used. Where the tax-                                                          “regular place of business” outside the City.  
                                                    Enter on line 15, the amount from line 14 plus 
payer’s usual accounting practice does not                                                            Otherwise, 100% of its business income and 
                                                    the amount from Schedule C, line 4, Column 
permit computation of average value on a                                                              capital must be allocated to New York City.  If 
                                                    E divided by the amount from Schedule, E, 
quarterly or more frequent basis, a semiannual                                                        you did not carry on business both inside and 
                                                    line 7, column E rounded to the nearest one 
or annual basis may be used if no distortion                                                          outside New York City, you must enter 100% 
                                                    hundredth of a percentage point.  Do not cal-
of average value results.                                                                             at Schedule H, line 7.  If you carried on busi-
                                                    culate your issuer's allocation percentage by     ness both inside and outside New York City, 
With respect to real property owned by the          adding the business, investment and sub-          you must complete Schedule H, business allo-
taxpayer and located within New  York               sidiary capital allocation percentages and di-    cation percentage. Aviation corporations and 
City, the fair market value is presumed to          viding that total by the number of                corporations operating vessels qualified to file 
be not less than the estimated market value         percentages.  The issuer's allocation percent-    a combined return with similar corporations, 
of the property on the Final Assessment             age cannot be less than zero.                     do not complete Schedule H.  See instructions 
Roll of the City for the period covered by                                                            on page 15. 
the return or the most recent sales price,          SCHEDULE F - (SALARIES AND COM-                    
whichever is greater.                               PENSATION OF CERTAIN STOCK-                       For taxable years beginning in or after 2018, 
                                                    HOLDERS)                                          the business allocation percentage is generally 
LINE 6 - TOTAL  LIABILITIES                         Include all stockholders owning in excess of      computed using a single business receipts fac-
The liabilities deductible in computing each        5% of taxpayer's issued capital stock who re-     tor. 
type of capital are those liabilities (both long    ceived any compensation, including commis-         
and short term) that are directly or indirectly     sions.                                            ALTERNATIVE ALLOCATION 
attributable to each type of capital.  Use the                                                        METHOD  
same method of averaging as is used in deter-       SCHEDULE G –                                      You cannot use an allocation method other 
mining average value of assets.                     (Business Location Information)                   than the formula basis set out in Schedule H 
                                                    (Form NYC-3A-ATT only).                           without the consent of the Department of Fi-
LINES 7 THROUGH 11                                                                                    nance.  In order to request consent to use a dif-
If the period covered by this report is other than  All taxpayers must complete Schedule G, Part      ferent method of allocation, a written request, 
a period of twelve calendar months, first fol-      1 and Part 2, regardless of allocation. Enter     separate and apart from filing this return, must 
low the instructions on Schedule E to calculate     the amount of total Rent from Part 1 on NYC       be submitted.  For details on how to make such 
preliminary amounts for lines 7 through 11.         3-A, Schedule A, line 28.                         a request, go to www.nyc.gov/finance.  If the 
Before entering these amounts on Schedule E,                                                          consent to use a different allocation method 
multiply each amount by a fraction, the nu-         Rent includes consideration paid for the use      has not been obtained at the time of the filing 
merator of which is the number of months or         or occupancy of premises as well as payments      of the return, you must use the formula basis 
major parts thereof included in such period and     made to or on behalf of a landlord for taxes,     set out in Schedule H and pay the tax in ac-
the denominator of which is twelve.                 charges, insurance or other expenses normally     cordance therewith.  If the Department con-
                                                    payable by the landlord other than for the im-    sents to your proposed alternative allocation 
If the amount on line 8, Column E is less than      provement, repair or maintenance of the ten-      method and it results in a lower tax liability 
zero because liabilities attributable to sub-       ant’s premises.                                   than the formula basis set out in Schedule H, 
sidiary capital exceed the value of the assets                                                        you may be entitled to claim a refund of the

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022                                                                   Page 14

excess amount you have paid.                       is made in the City but not both.                  of Chapter 201 of the Laws of 2009. 
Receipts Factor                                                                                      
                                                   Receipts from management, administration or      l Income from principal transactions - 
LINES 1a AND 1b - SALES OF                         distribution services provided to a regulated      Gross income from principal transactions 
TANGIBLE PERSONAL PROPERTY                         investment company (RIC) must be allocated         (that is, transactions in which the regis-
Enter on line 1a, receipts in the regular course   based upon the percentage of the RIC’s share-      tered broker or dealer is acting as princi-
of business from the sale of tangible personal     holders domiciled in New York City.  (Attach       pal for its own account, rather than as an 
property where shipments are made to points        rider showing computation.)                        agent for the customer) is deemed to arise 
within New York City.  Enter on line 1b, re-                                                          from a service performed in New York 
ceipts from all sales of tangible personal prop-   SOURCING OF RECEIPTS OF REGIS-                     City if the production credits for these 
erty.                                              TERED SECURITIES OR COMMODI-                       transactions are awarded to a New York 
                                                   TIES BROKERS OR DEALERS                            City branch, office, or employee of the 
LINES 2a and 2b- SERVICES PER-                     For taxable years beginning after 2008, new        taxpayer.  
FORMED                                             rules are applicable in determining the sourc-    
Receipts from services performed within New        ing of the receipts of taxpayers which are reg-    Registered broker dealers may elect to 
York City are allocable to New York City.  All     istered securities or commodities brokers or       source the gross income from principal 
amounts received by the taxpayer in payment        dealers.  The rules below apply for determin-      transactions based on the location of the 
for such services are allocable to New York City   ing whether a receipt is deemed to arise from      customer to the principal transaction. If the 
regardless of whether the services were per-       services performed in New York City by a           election is made, gross income from prin-
formed by  employees or agents of the taxpayer,    registered securities or commodities broker or     cipal transactions is deemed to arise from 
by subcontractors, or by any other persons.  It is dealer, for purposes of computing the receipts     a service performed in New York City to 
immaterial where such amounts were payable         factor of the BAP.  See  Ad. Code §11-             the extent that the gross proceeds from the 
or where they actually were received.              604(3)(a)(10) as added by section 34 of Chap-      transactions are generated from sales of se-
                                                   ter 201 of the Laws of 2009.                       curities or commodities to customers 
Commissions received by the taxpayer are al-                                                          within the city based upon the mailing ad-
located to New York City if the services for       A registered securities or commodities broker      dresses of those customers in the records 
which the commissions were paid were per-          or dealer is a broker or dealer who is regis-      of the taxpayer. See  Ad. Code § 11-
formed  in New York City.   If the taxpayer’s      tered by the Securities and Exchange Com-          604(3)(a)(10)(A)(iii) as added by section 
services for which commissions were paid were      mission (SEC) or the Commodities Futures           34 of Chapter 201 of the Laws of 2009. 
performed for the taxpayer by salesmen at-         Trading Commission and includes over-the-         
tached to or working out of a New York City        counter (OTC) derivatives dealers as defined     l Fees from advisory services for the un-
office of the taxpayer, the taxpayer’s services    under regulations of the SEC (17 CFR               derwriting of securities - Fees earned 
will be deemed to have been performed in New       240.3b-12). The terms securities and com-          from advisory services for a customer in 
York City.                                         modities have the same meanings as the             connection with the underwriting of secu-
                                                   meanings in IRC sections 475(c)(2) and             rities (where the customer is the entity con-
Corporations engaged in publishing newspa-         475(e)(2).                                         templating the issuance of the securities or 
pers or periodicals must allocate receipts from                                                       is issuing securities) or for the manage-
advertising in such publications based on the      l Brokerage commissions - Brokerage com-           ment of an underwriting of securities are 
circulation of the publication in the City com-      missions earned from the execution of se-        deemed to arise from a service performed 
pared to the total circulation.  Corporations en-    curities or commodities purchase or sales        in New York City if the customer respon-
gaged in radio or television broadcasting,           orders for the accounts of customers are         sible for paying the fee is located in New 
whether by cable or other means, must allocate       deemed to arise from a service performed         York City.  See  Ad. Code § 11-
receipts from broadcasting programs or com-          in New York City if the customer who is re-      604(3)(a)(10)(A)(iv)(I) as added by sec-
mercial messages based upon the location of the      sponsible for paying the commissions is lo-      tion 34 of Chapter 201 of the Laws of 
audience for the broadcasts in the City com-         cated in New York City.  See Ad. Code §          2009. 
pared to the total audience.  For taxable years      11-604(3)(a)(10)(A)(i) as added by section      
beginning on or after January 1, 2002, corpora-      34 of Chapter 201 of the Laws of 2009.         l Receipts from the primary spread for the 
tions engaged in publishing newspapers or pe-                                                         underwriting of securities - Receipts from 
riodicals or in radio or television broadcasting   l Margin interest - Margin interest earned on      the primary spread or selling concession 
must allocate receipts from subscriptions to         brokerage accounts is deemed to arise from       from underwritten securities are deemed to 
such newspapers, periodicals and broadcast           a service performed in New York City if the      arise from a service performed in New York 
programs based on the location of the sub-           customer who is responsible for paying the       City if production credits are awarded to a 
scriber.                                             margin interest is located in New York City.     branch, office, or employee of the taxpayer 
                                                     See Ad. Code § 11-604(3)(a)(10)(A)(ii) as        in New York City as a result of the sale of 
Taxpayers principally engaged in the activity of     added by section 34 of Chapter 201 of the        underwritten securities.  See Ad. Code § 11-
air freight forwarding acting as principal and       Laws of 2009.                                    604(3)(a)(10)(A)(iv)(II) as added by section 
like indirect air carriers are required to deter-                                                     34 of Chapter 201 of the Laws of 2009. 
mine receipts for purposes of the receipts factor  l Account maintenance fees -  Account             
arising from the activity from services per-         maintenance fees are deemed to arise from      l Interest earned on loans to affiliates - In-
formed within New York City as follows: 100%         a service performed in New York City if the      terest earned on loans and advances made 
of the receipts if both the pick up and delivery     customer who is responsible for paying the       by a taxpayer to an affiliate with whom they 
associated with the receipts are made in New         account maintenance fees is located in New       are not required or permitted to file a com-
York City and 50% of the receipts if either the      York City. See  Ad. Code § 11-                   bined return are deemed to arise from a 
pickup or delivery associated with the receipts      604(3)(a)(10)(A)(vi) as added by section 34      service performed in New York City if the

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Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022 Page 15

principal place of business of the affiliate LINES 5a and 5b - OTHER LINES 1a to 1g
who is responsible for the payment of in- BUSINESS RECEIPTS Enter the number of taxable subsidiaries with
terest is located in New York City. See Ad. All other business receipts earned by the tax- NYC Receipts and multiply by the amount
Code § 11-604(3)(a)(10)(A)(v) as added by payer within New York City are allocable to shown. A subsidiary is any corporation other
section 34 of Chapter 201 of the Laws of New York City. Business receipts are not con- than the reporting corporation. For NYC Re-
2009. sidered to have been earned by the taxpayer ceipts, each subsidiary should use the amount
in New York City solely by reason of the fact on Form 3A/B, Schedule H, Line 6a in the
l Fees for management or advisory serv- that they were payable in New York City or column for that subsidiary. If there is only
ices - Fees earned from management or actually were received in New York City. Re- one subsidiary, use the amount entered on
advisory services, including fees from ad- ceipts from sales of capital assets (property Form 3A, Schedule H, Line 6a (Column B)
visory services for activities relating to not held by the taxpayer for sale to customers for the NYC Receipts for that subsidiary.
mergers or acquisition activities, are in the regular course of business) are not busi-
deemed to arise from a service performed ness receipts. LINE 2
in New York City if the customer respon- Add lines 1ab through 1gb.
sible for paying these fees is located in The following are also business receipts and
New York City. See Ad. Code § 11- are allocable to New York City. ADDITIONAL REQUIRED INFORMA-
604(3)(a)(10)(A)(vii) as added by section TION
34 of Chapter 201 of the Laws of 2009. l receipts from the sale of real property held All questions must be answered. For pur-
by the taxpayer as a dealer for sale to cus- poses of these questions, the term “member
A customer is located in New York City if the tomers in the regular course of business, corporation” shall mean a corporation that is
mailing address of the customer, as it appears provided the real property was situated in a member of the combined group of corpora-
in the broker’s or dealer's records, is in New New York City tions included in this Combined General Cor-
York City. See Ad. Code § 11- poration Tax Return (the “Combined Group”).
604(3)(a)(2)(B)(v) as added by section 33 of l receipts from sales of intangible personal
Chapter 201 of the Laws of 2009. property included in business capital held QUESTION 1
by the taxpayer as a dealer for sale to cus- In reporting the "NYC principal business ac-
If the taxpayer is unable from its records to tomers in the regular course of business, tivity," give the one activity that accounts for
determine the mailing address of the cus- provided the sales were made in New the largest percentage of total receipts for the
tomer, the receipts enumerated in any of such York City or through a regular place of Combined Group. Total receipts means gross
items shall be deemed to arise from services business in New York City receipts plus all other income. State the broad
performed at the branch or office of the tax- field of business activity as well as the spe-
payer that generates the transaction for the LINE 7 - BUSINESS ALLOCATION cific product or service (e.g., mining copper,
customer that generated such receipts. See Ad PERCENTAGE manufacturing cotton broad woven fabric,
Code § 11-604(3)(a)(10)(D) as added by sec- Divide line 6a, column E by line 6b, column wholesale meat, retail men’s apparel, export
tion 34 of Chapter 201 of the Laws of 2009. E, round the result to the nearest hundredth of or import chemicals, real estate rental, or real
a percent. estate operation of motel).
Note that the rules for the receipts under Ad.
Code § 11-604(3)(a)(10)(A) described above Aviation corporations may only file a com- QUESTION 10
shall also apply to receipts described herein bined return with other aviation corporations If you answer “yes” to question 9, attach a
arising from a correspondent securities rela- which allocate in the same manner. Similarly, separate sheet providing street address, bor-
tionship. See Ad. Code § 11-604(3)(a)(10)(C) corporations operating vessels may only file a ough, block and lot number of such property.
as added by section 34 of Chapter 201 of the combined return with other corporations op- If you answer “yes” to question b, c or d,
Laws of 2009. erating vessels which allocate in the same complete questions 11 and 12. The term
manner. These combined filers must compute “owning corporation” means the member cor-
LINE 2a and 3b - RENTALS OF PROP- their business allocation percentage using a poration which owns the real property.
ERTY separate schedule. For aviation corporations,
Receipts from rentals of real and personal this schedule must aggregate the applicable A controlling interest in the case of a corpo-
property situated in New York City are allo- allocation factors (aircraft arrivals and depar- ration means:
cable to New York City. These include all tures; revenue tons; and originating revenue)
amounts received by the taxpayer for the use for both New York City and everywhere. For l 50% or more of the total combined vot-
or occupation of property, whether or not such corporations operating vessels this schedule ing power of all classes of stock of such
property is owned by the taxpayer. must aggregate the number of working days corporation, or
the vessel was in New York City territorial
LINES 4a and 4b - ROYALTIES waters and everywhere. l 50% or more of the total fair market value
Royalties from the use in New York City of of all classes of stock of such corporation.
patents or copyrights are allocable to New York SCHEDULE M
City. These include all amounts received by QUESTION 13
the taxpayer for the use of patents or copy- LINE 1 - NUMBER OF If you answer “yes” to question 13, no por-
rights, whether or not the patents or copyrights SUBSIDIARIES INCLUDED tion of the income, gain, loss, deduction or
were originally issued to or are owned by the IN THE COMBINED GROUP capital of a QSSS is permitted to be included
taxpayer. A patent or copyright is used in New Enter the number of subsidiaries in the com- in a separate report filed by the S corporation
York City to the extent that activities there bined group. parent. The QSSS must either: 1) be included
under are carried on in New York City. in the Combined Group as a separate member
corporation or 2) file a separate General Cor-

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 Instructions for Form NYC-3A, NYC-3A/B and NYC-3A/ATT - 2022 Page 16

poration Tax return.  See Finance Memoran-
dum 99-3.  Note that to be included in the 
Combined Group, the QSSS would have to be 
required to be included or to be permitted to 
be included and to have elected such inclu-
sion. 
 
AFFILIATIONS SCHEDULE 
List names and addresses of all affiliated cor-
porations, including those not included in this 
combined report, their federal Employer Iden-
tification Number, if any, and principal busi-
ness activity.  In addition, list the NAICS code 
and stock holdings at the beginning of the 
year. An affiliated corporation for purposes of 
completing the schedule is a corporation that 
satisfies the stock ownership or control re-
quirements set forth in Section A, “Related 
Corporation,” on page 2 of these instructions, 
without regard to any limitation that may oth-
erwise exclude the corporation from the com-
bined report. 
 
PRIVACY ACT NOTIFICATION 
The Federal Privacy Act of 1974, as amended, 
requires agencies requesting Social Security 
Numbers to inform individuals from whom 
they seek this information as to whether com-
pliance with the request is voluntary or 
mandatory, why the request is being made and 
how the information will be used. The disclo-
sure of Social Security Numbers for taxpayers 
is mandatory and is required by section 11-
102.1 of the Administrative Code of the City 
of New York. Such numbers disclosed on any 
report or return are requested for tax adminis-
tration purposes and will be used to facilitate 
the processing of tax returns and to establish 
and maintain a uniform system for identify-
ing taxpayers who are or may be subject to 
taxes administered and collected by the De-
partment of Finance, and, as may be required 
by law, or when the taxpayer gives written au-
thorization to the Department of Finance for 
another department, person, agency or entity 
to have access (limited or otherwise) to the in-
formation contained in his or her return.

                                                              NYC-3A, NYC-3A/B and NYC-3A/ATT  Instructions  - 2022

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