NEW YORK CITY DEPARTMENT OF FINANCE Instructions for Form NYC-202S Unincorporated Business Tax Return For fiscal years beginning in 2022 or for calendar year 2022 IMPORTANT INFORMATION CONCERNING FORM NYC-200V AND PAYMENT OF TAX DUE Payments may be made on the NYC Department of Finance website at nyc.gov/eservices, or via check or money order. If paying with check or money order, do not include these payments with your New York City return. Checks and money orders must be accompanied by payment voucher form NYC-200V and sent to the address on the voucher. Form NYC-200V must be postmarked by the return due date to avoid late payment penalties and interest. See form NYC-200V for more information. Highlights of Recent Tax Law Changes for Unincorporated Businesses l Section 1 of Chapter 555 of the Laws of 2022 added a new paragraph 12 to section 11-506(c) of the New York City Administrative Code, which includes a modification subtracting from federal gross 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. Taxpayers may NOT use Form NYC-202S if making this modification. 6. you do not claim any credits other than the Unincorporated Business Tax. S GENERAL INFORMATION business tax credit (see instructions to Corporations are subject to the General Schedule A, line 7); Corporation Tax. WHO MUST FILE A UBT RETURN For tax years beginning in 2009 or later, any 7. you are not claiming an NOL deduction; 4) An individual, trust or estate, except a deal- individual or unincorporated entity that carries 8. you did not take a deduction for salaries, er as defined in Admin. Code §11-501 (l) on or liquidates a trade, business, profession or wages, withdrawals or interest paid to the will not be deemed engaged in an unincor- occupation wholly or partly within New York proprietor of the unincorporated business porated business solely by reason of the City and has a total gross income from all busi- or a deduction for contributions to a pen- conduct of the following activities for the ness regardless of where carried on of more sion plan on your federal return; taxpayer’s own account: the purchasing, than $95,000 (prior to any deduction for cost of 9. you are not claiming a partial exemption for holding or selling of property (defined goods sold or services performed) must file an the holding, leasing and management of below), engaging in transactions in posi- tions in property, the acquisition, holding or Unincorporated Business Tax Return. See real property; disposition, other than in the ordinary Finance Memorandum 99-1 for information regarding the treatment of single-member limit- 10. you do not have any New York City modi- course of business, of interests in unincor- ed liability companies owned by individuals that fications to federal taxable income other porated entities also eligible for this exemp- are disregarded for federal income tax purposes. than the adding back of income and unin- tion, and any other activity not constituting corporated business taxes paid this year and an unincorporated business subject to the If an individual or an unincorporated entity car- deducted on your federal return. (See Unincorporated Business Tax. ries on two or more unincorporated business- instructions to form NYC-202 for a com- es, in whole or in part within the City, all such plete discussion of NYC modifications to Property Defined. Property for this pur- pose includes real and personal property, businesses shall be treated as one unincorpo- federal taxable income); including property qualifying as investment rated business for purposes of this tax. The 11. for federal purposes, no portion of your capital (see instructions for Schedule D of gross income and deductions from all such busi- business interest expense deduction is dis- this form) and other stocks and securities, nesses must be combined and reported on one allowed under IRC §163(j); and notional principal contracts, derivative return. 12. for federal purposes, you do not report financial instruments and other positions in However, an individual member of a partnership income under IRC §951A or 965. property but excluding property and posi- who carries on his own separate and independent tions in property held by a dealer, and unincorporated business is not required or per- SEE THE INSTRUCTIONS FOR FORM excluding debt instruments acquired in the mitted to include his distributive share of part- NYC-202 FOR A COMPLETE DISCUSSION ordinary course of a trade or business and nership income in computing his separate unin- OF THE VARIOUS UBT FORMS AND certain other property. See Admin. Code corporated business taxable income. OTHER PROVISIONS OF THE UBT LAW §11-502 (c) (1) (A). ELIGIBILITY TO FILE FORM NYC-202S WHO IS SUBJECT TO THE TAX Notwithstanding anything to the contrary, If you are an individual who meets the follow- 1) The Unincorporated Business Tax is the receipt of $25,000 or less of gross ing criteria, you may file Form NYC-202S: imposed on any individual or unincorporat- receipts during the taxable year (deter- 1. you do not allocate business income; ed entity (including a partnership, fiduciary mined without regard to any deductions) 2. you have no investment capital or income or corporation in liquidation and including from an unincorporated business will not any incorporated entity treated as a partner- disqualify the taxpayer for this exemption. at any time during the taxable year; ship for federal income tax purposes) 5) A person that is an owner, lessee or fiduci- 3. you do not modify your federal deprecia- engaged in any trade, business, profession, ary will not be deemed to be engaged in an tion deduction; or occupation wholly or partly carried on unincorporated business solely by reason of 4. you do not owe a penalty for underpaying within New York City. the holding, leasing or managing of real your estimated tax; 5. you are filing your return on or before the 2) Income received from the practice of law, property. If an individual or unincorporat- due date of the return (including exten- medicine, dentistry, architecture, or any ed entity is carrying on an unincorporated sions) and do not owe any late filing or late other profession is subject to the business in whole or in part in the City, and Unincorporated Business Tax. is also holding, leasing or managing real payment penalties; property as an owner, lessee or fiduciary, 3) S Corporations are not subject to the |
Instructions for Form NYC-202S - 2022 Page 2 the holding, leasing or managing of the An automatic extension of six months for filing BUSINESS TERMINATED property will not be considered an unincor- this return will be allowed if, within the time pre- DURING TAXABLE YEAR porated business to the extent that the real scribed for filing, the taxpayer files with the If the business was terminated during 2022, property is held for the purposes of produc- Department of Finance an Application for attach a statement to Form NYC-202S showing ing rental income or gain on the disposition Extension on Form NYC-EXT and pays the disposition of the business property and how it of the real property. amount properly determined as its tax. See the was reported on the return. Check the box instructions for Form NYC-EXT for information marked “Final Return” on page 1 of the return. NOTE: If you are engaged exclusively in an regarding what constitutes a properly estimated activity exempt from Unincorporated tax for this purpose. Failure to pay a properly USE OF FEDERAL FIGURES Business Tax, you are not required to file a estimated amount will result in a denial of the Except where otherwise indicated, items of busi- return. extension. ness income, gain, loss or deduction are to be entered on the return as reportable for federal tax OTHER FORMS YOU MAY BE No additional extension for filing a return will be purposes. All items reported on Form NYC- REQUIRED TO FILE granted beyond the six-month extension, unless 202S, however, are subject to verification, audit FORM NYC-5UBTI - Declaration of Estimated the taxpayer is outside the United States. and revision by the Department of Finance. Unincorporated Business Tax must be filed by (Taxpayers outside the United States should refer every individual, estate or trust carrying on an to 19 RCNY Section 28-18(c) for additional FEDERAL OR NEW YORK unincorporated business or profession in New extensions.) STATE CHANGES York City and whose estimated tax can reason- For taxable years beginning on or after January ably be expected to exceed $3,400 for the calen- WHERE TO FILE 1, 2015, changes in taxable income or other tax dar year or fiscal year immediately following the All returns, except refund returns: base made by the Internal Revenue Service year covered by this return. (“IRS”) and /or New York State Department of NYC Department of Finance Taxation and Finance (“DTF”) will no longer be The declaration must cover a full calendar or fis- P.O. Box 5564 reported on Form NYC-115. Instead, taxpayers cal year and is due on the 15th day of the fourth Binghamton, NY 13902-5564 must report these federal or state changes to tax- month of the taxable year. (A partnership decla- ration should be filed on Form NYC-5UB.) Remittances - Pay online with Form NYC-200V able income or other tax base by filing an at nyc.gov/eservices, or Mail payment and amended return. This amended return must For further information about estimated tax pay- Form NYC-200V only to: include the DOF tax worksheet that identifies ments and due dates, see Form NYC-5UBTI. each change to the tax base (“Tax Base NYC Department of Finance Change”) and shows how each such Tax Base FORM NYC-EXT - Application for Automatic P.O. Box 3933 Change affects the taxpayer’s calculation of its 6-Month Extension of Time to File Business New York, NY 10008-3933 New York City tax. Templates for the tax work- Income Tax Return. File it on or before the due sheets are available on the DOF website at date of the return. Returns claiming refunds: nyc.gov/finance. This amended return must also NYC Department of Finance include a copy of the IRS and/or DTF final FORM NYC-115 - Unincorporated Business Tax P.O. Box 5563 determination, waiver, or notice of carryback Report of Change in Taxable Income made by Binghamton, NY 13902-5563 allowance. Taxpayers that have federal and state the Internal Revenue Service and/or New York Tax Base Changes for the same tax period may State Department of Taxation and Finance must NOTE: If a Declaration of Estimated report these changes on the same amended be used for reporting adjustments in taxable Unincorporated Business Tax (Form NYC-5UBTI) return that includes separate explanatory sched- income resulting from an Internal Revenue is being filed, DO NOT mail it to any address listed ules for the IRS Tax Base Changes and the DTF Service audit of your federal income tax return here. It should be mailed to the address indicated Tax Base Changes. and/or a New York State Department of Taxation on Form NYC-5UBTI. and Finance audit of your State income tax return The Amended Return checkbox on the return is for taxable years beginning prior to January 1, ACCESSING NYC TAX FORMS to be used for reporting an IRS or DTF Tax Base 2015. By Computer - Download forms from the Changes, with the appropriate box for the Finance website at nyc.gov/finance agency making the Tax Base Changes also FORM NYC-221 - Underpayment of Estimated checked. Taxpayers must file an amended return Unincorporated Business Tax will help you By Phone - Order forms by calling 311. If calling for Tax Base Changes within 90 days after (i) a determine if you have underpaid an estimated tax from outside of the five NYC boroughs, please call final determination on the part of the IRS or installment and, if so, compute the penalty due. 212-NEW-YORK (212-639-9675). DTF, or (ii) the signing of a waiver under IRC §6312(d) or NY Tax Law §681(f). FORM NYC-CR-A - Commercial Rent Tax IDENTIFYING INFORMATION Annual Return must be filed by every tenant that In the space provided on the front of the return, If the taxpayer believes that any Tax Base rents premises for business purposes in enter your correct Social Security Number. Enter Change is erroneous or should not apply to its Manhattan south of the center line of 96th Street the same business code entered on federal City tax calculation, it should not incorporate and whose annual or annualized gross rent for Schedule C or Schedule C-EZ. Individuals that Tax Base Change into its City tax calcula- any premises is at least $200,000. licensed and/or regulated by the NYC Taxi and tion on its amended return. However, the tax- Limousine Commission use the NAICS code payer must attach: (i) a statement to its report WHEN TO FILE 485310 for taxis and 485320 for limousines in that explains why it believes the adjustment is Form NYC-202S is due on or before April 18, lieu of the federal code. erroneous or inapplicable; (ii) the explanatory 2023, or, for fiscal year taxpayers, on or before tax worksheet that identifies each Tax Base the 15th day of the fourth month following the If this is an amended return, check the box on Change and shows how each would affect its close of the taxable year. page 1. City tax calculation; and (iii) a copy of the IRS and/or DTF final determination or waiver. |
Instructions for Form NYC-202S - 2022 Page 3 For more information on federal or state Tax l Call the Department for information about deduction will be limited to 80% of taxable Base Changes, including a more expansive the processing of your return or the status income (without regard to the deduction). explanation of how taxpayers must report these of your refund or payment(s), and For losses from years beginning before January changes as well as sample tax worksheets to be l Respond to certain notices that you have 1, 2018, only the first $10,000 of each year’s included within the amended return, see Finance shared with the preparer about math Memorandum 17-5, rev. and dated 10/10/2018. loss may be carried back. The carryback period errors, offsets, and return preparation. The for City purposes generally corresponds to the For taxable years beginning prior to January 1, notices will not be sent to the preparer. federal carryback period available for individu- 2015 only Form NYC-115 is to be used to report You are not authorizing the preparer to receive als. Whichever carryback period, if any, the tax- changes in taxable income or other tax base any refund check, bind you to anything (includ- payer elects for federal purposes, the same car- made by the IRS and /or DTF. Form NYC-115 ing any additional tax liability), or otherwise ryback period must be used for City purposes. If must be filed separately and should not be represent you before the Department. The the taxpayer elects to carry back the first attached to any return. authorization cannot be revoked, however, the $10,000 of the loss, any excess net operating loss may be carried forward as if the taxpayer If an amended federal or New York State return authorization will automatically expire no later is filed reflecting a change in unincorporated than the due date (without regard to any exten- had elected to relinquish the entire carryback business income or deductions, an amended sions) for filing next year's return. Failure to period for all but the first $10,000 of the loss. If Unincorporated Business Tax return must be check the box will be deemed a denial of the taxpayer elects to forego the federal carry- filed within 90 days. Use Form NYC-202 or authority. back period, no amount of the net operating loss NYC 202S to file an amended return and check may be carried back for City purposes and the entire net operating loss may be carried forward the box on page 1. SPECIFIC INSTRUCTIONS for City purposes. ACCOUNTING PERIODS Period Covered Losses that are not permitted to be carried back AND METHODS File the 2022 return for calendar year 2022 and may be carried forward and used to offset income The accounting period for which Form NYC- fiscal years that begin in 2022 and end in 2023. for the period permitted for Federal tax purposes, 202S is filed and the method of accounting used For a fiscal or short tax year return, fill in the tax generally 20 years for losses from years begin- are the same as for federal income tax purposes. year space at the top of the form. The 2022 Form ning after 8/5/97 and prior to years beginning If a taxpayer’s taxable year or method of NYC-202S also can be used if: after 12/31/17. accounting is changed for federal income tax purposes, the same changes must be made for l You have a tax year of less than 12 months If a “carryback” results in an overpayment of a purposes of the Unincorporated Business Tax. that begins and ends in 2023, and prior year's tax, a claim for refund accompanied by a copy of the Unincorporated Business Tax l The 2023 Form NYC-202S is not available Return for the taxable year for which the refund PENALTIES at the time you are required to file the is claimed, should be filed within the limitation The law imposes penalties for failure to file a return. period prescribed by law. A detailed computa- return or to pay any tax when due, or for making, tion of the net operating loss deduction for that rendering, signing, certifying or filing a false or You must show the 2023 tax year on the 2022 year must accompany the refund claim. fraudulent return. The mere fact that the figures Form NYC-202S and take into account any tax reported on Form NYC-202S are taken from the law changes that are effective for tax years LINE 2 - ALLOWANCE FOR federal return will not relieve the taxpayer from beginning after December 31, 2022. TAXPAYER’S SERVICES the imposition of penalties because of negligence A deduction may be claimed for reasonable com- or for filing a false or fraudulent return. Amended Return pensation for taxpayer’s personal services. The If this is an amended return, check the box on allowable deduction is: TAX PREPARERS page 1 of the return. Anyone who prepares a return for a fee must sign 1) 20% of line 1 or the return as a paid preparer and enter his or her Special Condition Codes 2) $10,000, Social Security Number or PTIN. Include the com- Check the Finance website for applicable special whichever is lower. If line 1 is a loss, enter “0” pany or corporation name and Employer condition codes. If applicable, enter the two char- on line 2. Identification Number, if applicable. acter code in the box provided on the form. LINE 4 - EXEMPTION Preparer Authorization: If you want to allow SCHEDULE A An unincorporated business exemption of $5,000 the Department of Finance to discuss your return Computation of Tax is allowed against net income reported on line 3. with the paid preparer who signed it, you must check the "yes" box in the signature area of the LINE 1 - BUSINESS INCOME If more than one business was carried on by a return. This authorization applies only to the Enter on line 1 the total from page 2, Schedule B, taxpayer, only one exemption of $5,000 is individual whose signature appears in the line 6. allowed against the combined net income "Preparer's Use Only" section of your return. It derived from all business activities. does not apply to the firm, if any, shown in that CURRENT YEAR’S UNINCORPORATED The exemption of $5,000 must be prorated on a section. By checking the "Yes" box, you are BUSINESS NET OPERATING LOSS $13.70 daily basis if the business was carried on authorizing the Department of Finance to call the If line 1 shows a net loss from business, this loss for a period of less than a full taxable year of 12 preparer to answer any questions that may arise is the 2022 unincorporated business net operat- months, unless the business was carried on and during the processing of your return. Also, you ing loss. Note that according to the federal Tax the return is filed for a number of whole months. Cuts and Jobs Act of 2017, net operating losses In that case, the proration is to be on a $416.67 are authorizing the preparer to: generated during or after 2018 generally may no per month basis. l Give the Department any information miss- longer be carried back. These losses may be car- ing from your return, ried forward indefinitely; however each year’s |
Instructions for Form NYC-202S - 2022 Page 4 EXAMPLE mated tax made for calendar year 2022 or fiscal as interest and dividends from securities con- #1 If the sole proprietorship carried on busi- year beginning in 2022 including carryover cred- nected with the business or carried as business ness for a full 9 months, the exemption it from the preceding taxable year, and payment assets). amount to be entered on line 4 is $3,750.03 with extension, NYC-EXT. Complete table on page 2 of this return. LINE 3 - INCOME AND (9 months X $416.67 per full month). UNINCORPORATED BUSINESS TAXES #2 If the sole proprietorship carried on busi- LINE 12 - LATE PAYMENT/INTEREST Enter the amount of income and unincorporated ness for 263 days, the exemption amount to If the tax is not paid on or before the due date business taxes imposed by New York City, New be entered on line 4 is $3,603.10 (263 days (determined without regard to any extension of York State or any other taxing jurisdiction that X $13.70 per day). time), interest must be paid on the amount of the were deducted in computing line 1. Taxpayers filing a short period return should underpayment from the due date to the date paid. fill in the dates at the top of page 1 of the For information as to the applicable rate of inter- LINE 5 - CHARITABLE return and prorate the exemption as est, see the Finance website at CONTRIBUTIONS described above. www1.nyc.gov/site/finance/taxes/business-inter- Deductions are allowed for charitable contribu- est-rates.page or call 311. If calling from outside tions made by the unincorporated business, as a LINE 5 - TAXABLE INCOME of the five NYC boroughs, please call 212-NEW- tax entity separate and distinct from its owners or Enter here the amount of line 3 less line 4. (If YORK (212-639-9675). proprietors, to the extent they would be loss, refer to the instructions for Schedule A, line deductible by a corporation for federal income LINE 13 - OVERPAYMENT 1.) tax purposes, but not in excess of 5% of line 4. If there is an overpayment on line 11, enter on In general, contributions deductible by a corpo- LINE 6 - TAX line 13a the amount of overpayment to be ration are the same as those for individuals, Enter on line 6 the amount obtained by multiply- refunded. Enter on line 13b the amount to be except that: ing the amount entered on line 5 by 4%. credited to the 2023 estimated tax on Form NYC-5UBTI. 1) contributions to fraternal societies, orders and associations operating under the lodge LINE 7 - BUSINESS TAX CREDIT LINE 14 - TOTAL REMITTANCE DUE system are not deductible; and l If the amount entered on line 6 is $5,400 or If filing and paying electronically, enter the 2) contributions to a trust, chest, fund or foun- over, no credit is allowable; enter “0” on amount of your remittance on Line A. If not pay- dation line 7. ing electronically, leave Line A blank. All remit- l If the amount entered on line 6 is $3,400 or tances must be payable in U.S. dollars drawn on are deductible only if they are to be used within less, your credit is the entire amount of tax on a U.S. bank. Checks drawn on foreign banks will the United States or its possessions. line 6. No tax will be due. be rejected and returned. Remittances must be payable to: SCHEDULE C l If the amount of tax entered on line 6 NYC Department of Finance Additional Required Information exceeds $3,400 but is less than $5,400, a All questions in this schedule (Questions 1 credit is allowed in the amount determined LINE 15 - GROSS RECEIPTS OR through 9) must be answered. by multiplying the tax on line 6 by a frac- SALES FROM FEDERAL RETURN tion, the numerator of which is $5,400 Enter the amount from line 3 of Schedule C COMPOSITION OF minus the amount of the tax on line 6 and (Gross receipts or sales less returns and PREPAYMENTS SCHEDULE the denominator of which is $2,000. Use allowances) or from line 1 of Schedule C-EZ Enter the payment date and the amount of all pre- the following formula: (Gross Receipts) of Federal form 1040. payments made for this tax period. FORMULA For interest calculations and account informa- SCHEDULE B Unincorporated Computation of Total Income tion, call 311. If calling from outside of the tax on line 6 x ($5,400 - tax on line= 6) Business Tax five NYC boroughs, please call 212-NEW- $2,000 Credit ITEMS OF BUSINESS INCOME, GAIN, YORK (212-639-9675). LOSS OR DEDUCTION EXAMPLE You can also visit the Finance website at If the tax on line 6 is $3,900, the business tax LINE 1 - NET PROFIT nyc.gov/finance credit is calculated as follows: (OR LOSS) FROM BUSINESS Enter here the amount reported for federal tax PRIVACY ACT NOTIFICATION purposes. This amount should be the amount The Federal Privacy Act of 1974, as amended, requires agencies requesting Social Security Numbers to inform 1) $3,900 x ($5,400 $2,000 -3,900) = $2,925 reported on federal Schedule C or C-EZ, Form individuals from whom they seek this information as to 2) Enter $2,925 on line 7. 1040. whether compliance with the request is voluntary or manda- tory, why the request is being made and how the informa- 3) Enter $975 ($3,900 -2,925) on line 8 LINE 2 - OTHER BUSINESS tion will be used. The disclosure of Social Security (Unincorporated Business Tax) INCOME OR LOSS Numbers for taxpayers is mandatory and is required by sec- tion 11-102.1 of the Administrative Code of the City of New Enter the sum of: (a) the total gain or loss from York. Such numbers disclosed on any report or return are LINE 8 - UNINCORPORATED the sale or exchange of real or personal property requested for tax administration purposes and will be used BUSINESS TAX carried as business assets and reported on feder- to facilitate the processing of tax returns and to establish and maintain a uniform system for identifying taxpayers who Enter on line 8 the unincorporated business tax al Schedule D or federal Form 4797; (b) the net are or may be subject to taxes administered and collected by due. If the credit on line 7 equals the tax shown amount of rental and royalty income derived the Department of Finance, and, as may be required by law, on line 6, enter “0” on line 8. from real and personal business property report- or when the taxpayer gives written authorization to the ed on federal Schedule E; and (c) the net amount Department of Finance for another department, person, agency or entity to have access (limited or otherwise) to the LINE 9 - PAYMENT OF ESTIMATED TAX of income or loss derived from other business information contained in his or her return. Enter on line 9 the sum of all payments of esti- activities, other than those reported above (such NYC-202S Instructions - 2022 |