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 Instructions for Form NYC-2S

 Business Corporation Tax Returns                               For fiscal years beginning in 2022 or for calendar year                             2022

 Highlights      of Recent Tax Law Changes for Business Corporations

 l Section 7 of Chapter 555 of the Laws of 2022 amended section 11-653 of the Administrative Code of the City of New York, 
   creating economic nexus provisions for New York City. For taxable years beginning on or after January 1, 2022, a corporation 
   will be subject to the Business Corporation Tax if it derives $1 million or more of receipts from activity in New York City. A 
   corporation that does not have $1 million of receipts, but derives at least $10,000 of receipts from activity in the City and is 
   part of a unitary group of corporations that meets the ownership test under §11-654.3, will be subject to the tax if the aggre-
   gate receipts of all members of such unitary group that derive at least $10,000 of receipts from activity in the City, is $1 mil-
   lion. Additionally, a corporation that is a credit card issuer that does not meet any of the thresholds set out in section 11-
   653(1)(c), but that has at least 10 customers, or locations, or customers and locations, as described in section 11-653(1)(c), and 
   is part of a unitary group of corporations that meets the ownership test under section 11-654.3, will be subject to the tax if the 
   aggregate number of customers, or locations, or customers and locations of all members of such unitary group that have at least 
   10 customers, or locations, or customers and locations, meets any of the threshold requirements set out in section 11-653(1)(c). 
  
 l Section 5 of Chapter 555 of the Laws of 2022 added a new subparagraph 17 to Administrative Code section 11-652(8)(a), 
   which excludes from entire net income (i.e., taxable business 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 required to make this modification may not use this form and must file on Form NYC-2.

GENERAL INFORMATION                                       CORPORATION DEFINED                                       would be subject to tax if they met certain criteria 
                                                          Any entity that is an association taxable as a corpora-   regarding credit card customers or merchant cus-
Subchapter 3-A of Chapter 6 of  Title 11 of the           tion for federal income tax purposes pursuant to IRC      tomer contracts in the City. Some of these criteria 
Administrative Code of the City of New York (the          §7701(a)(3) is treated as a corporation for City tax      were carried over and incorporated into the Business 
“Ad. Code”) applies to tax years starting on or after     purposes including an unincorporated entity that          Corporation Tax. Pursuant to these criteria, a corpo-
January 1, 2015. This  subchapter applies to corpora-     elects to be taxable as a corporation. Unincorporated     ration is doing business in the city if (1) it has issued 
tions that were previously subject to the General         entities that are taxable under the Business              credit cards (bank, credit, travel and entertainment) 
Corporation Tax (“GCT”), Subchapter 2 of Chapter 6        Corporation Tax are not subject to the Unincorporated     to one thousand or more customers who have a mail-
of Title 11 of the Code, and the Banking Corporation      Business Tax. Eligible entities having a single owner     ing address in the city as of the last day of its taxable 
Tax, Subchapter 3 of Title 11 of the Code, except that    disregarded as a separate entity under the “check-the-    year, (2) it has merchant customer contracts with 
it does not apply to any corporation that is an S         box” rules and treated as either a sole proprietorship    merchants and the total number of locations covered 
Corporation, or qualified subchapter S subsidiary,        or a branch for federal tax purposes will be similarly    by those contracts equals one thousand or more loca-
under subchapter S of the Internal Revenue Code of        treated for City tax purposes. See Finance                tions in the city to whom the corporation remitted 
1986, as amended (collectively, “S Corporations”). S      Memorandum 99-1 for additional information.               payment for credit card transactions during the tax-
Corporations continue to be subject to tax under the                                                                able year, or (3) the sum of the number of customers 
GCT and Banking Corporation  Tax. Corporations            Corporations required to file Form NYC-2S or              described in (1) plus the number of locations covered 
subject to the  Subchapter 3-A, Business Corporation      NYC-2. Corporations, other than S Corporations,           by its contracts describe in (2) equal one thousand or 
Tax, must file this form unless they are required to file doing business, employing capital, owning or leasing      more.  
Form NYC-2 or are required or  permitted to file as       property, maintaining an office or deriving receipts       
members of a combined group (Form NYC-2A).                from activity, in the City are required to file Form      Corporate Partners 
                                                          NYC-2S or NYC-2. A corporation is considered to           If a partnership is doing business, employing 
S CORPORATIONS                                            be deriving receipts in the City if it has receipts with-   capital, owning or leasing property, maintaining 
If subject to GCT, an S Corporation must file a GCT       in New York City of $1 million or more in a tax year.       an office or deriving receipts from activity, in 
return (generally Form NYC-4S, Form NYC-4S-EZ             “Receipts” means the receipts that are subject to the       New York City, then a corporation that is a gen-
or Form NYC-3L). If subject to Bank  Tax, an S            allocation rules under $11-654.2, and the term              eral partner in that partnership is subject to tax 
Corporation must file a Banking Corporation  Tax          “receipts within the City” means the receipts includ-       and must file Form NYC-2 or NYC-2A unless 
return (generally Form NYC-1). Under certain limit-       ed in the numerator of the receipts fraction deter-         the corporation is eligible to file Form NYC-2S. 
ed circumstances, an S Corporation may be permitted       mined under §11-654.2. Also, receipts from process-        
or required to file a combined return (Form NYC-3A        ing credit card transactions for merchants include        If a partnership is doing business, employing 
for GCT or Form NYC-1A for Bank Tax, whichever            merchant discount fees received by the corporation.         capital, owning or leasing property, maintaining 
is applicable). See, e.g., Finance Memorandum 99-3        Pursuant to section 21 of Chapter 201 of the Laws of        an office or deriving receipts from activity, in 
for information regarding the treatment of qualified      2009, for tax years beginning on or after January 1,        New York City, then a corporation that is a lim-
subchapter S subsidiaries. For additional require-        2011, the Banking Corporation Tax was amended to            ited partner of that partnership may be subject to 
ments see the instructions to those forms.  An S          provide criteria by which banking corporations,             tax pursuant to the regulations promulgated by 
Corporation may not file this return.                     engaged in the business of credit card transactions         the Commissioner of Finance.  
                                                          and not otherwise doing business in New York City,         



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Instructions for Form NYC-2S - 2022                                                                                                           Page 2 

CORPORATIONS REQUIRED TO FILE                           15) it claims a credit for New  York City               b) A nonstock corporation, organized and operated 
FORM NYC-2                                                 Unincorporated Business Tax paid by a partner-          exclusively for nonprofit purposes and not 
A corporation must file Form NYC-2 and not Form            ship in which it is a partner as provided in            engaged in substantial commercial activities, 
NYC-2S if:                                                 Section 11-654.18 of the Ad. Code;                      that has been granted an exemption by the 
                                                                                                                   Department of Finance. 
1) it carries on business both inside and outside       16) it will be included in a combined report, Form       
   New York City;                                          NYC-2A;                                              c) Corporations subject to taxation under Chapter 
                                                                                                                   11, Title 11 (Utility Corporations) of the NYC 
2) it has investment income as defined in Ad. Code       
   Section 11-652(5) or other exempt income as          17) it is required to add back payments for the use of     Administrative Code are not required to file 
   defined in Ad. Code Section 11-652(5-a) and is          intangibles made to related members as required         Business Corporation  Tax returns. However, 
   required to file Form NYC-2.1;                          by Ad. Code section 11-652(8)(n);                       corporations that are subject to tax under 
                                                                                                                   Chapter 11 as vendors of utility services are sub-
3) it claims a prior net operating loss and is          18) it has business capital directly attributable to a     ject to the Business Corporation Tax in accor-
   required to file Form NYC-2.3 or a net operat-          corporation that is or would be taxable as a util-      dance with section 11-653(4) of the Ad. Code 
   ing loss and/or is required to file Form NYC-2.4        ity (but not as a vendor of utility services) under     and must file a return. 
   even if no net operating loss is being claimed for      the Utility Tax or a corporation that would have      
   the current year;                                       been taxable as an insurance corporation under          WIRELESS      TELECOMMUNICATIONS
                                                           the former City Insurance Corporation  Tax.             SERVICE PROVIDERS. Entities who receive 
4) it claims a subtraction modification for qualified      (See part IV, title R, chapter 46 of the former         eighty percent or more of their gross receipts from 
   banks and other qualified lenders and is required       version of the Administrative Code as in effect         charges for the provision of mobile telecommuni-
   to file a Form NYC-2.2;                                 on June 30, 1974.);                                     cations services to customers will be taxed as if 
                                                                                                                   they were regulated utilities for purposes of the 
5) it is required to adjust entire net income to        19) it claims the Beer Production Credit available         New York City Utility Tax.  Thus, such entities will 
   reflect the optional deductions for depreciation        under Ad. Code section 11-654(22);                      be subject to only the New York City Utility Tax. 
   previously allowed pursuant to  Section 11-                                                                     The amount of gross income subject to tax has 
   652(8)(g) of the Ad. Code;                           20) it is a Financial Corporation as defined in Ad.        been redefined to conform to the Federal Mobile 
                                                                                                                   Telecommunications Sourcing  Act of 2000. In 
6) it claims a modification with respect to gain aris-     Code section 11-654(1)(e)(1)(i); 
   ing on the sale of certain property, as provided in                                                             addition, partners in any such entity will not be 
   Section 11-652(8)(h) of the Ad. Code;                21) for federal purposes, a portion of its business        subject to General Corporation  Tax or Business 
                                                           interest expense deduction is disallowed under          Corporation Tax on their distributive share of the 
7) it is a real estate investment trust qualified under    IRC §163(j);                                            income of any such entity. 
   Sections 856 and 857 of the Internal Revenue Code;                                                            
                                                        22) for federal purposes, it reports income under       d) A limited profit housing corporation organized 
8) it entered into a “safe harbor” lease transaction       IRC §§951A or 965;                                      and operating pursuant to the provisions of 
   under provisions of Section 168(f)(8) of the                                                                    Article Two of the Private Housing Finance Law. 
                                                                                                                 
   Internal Revenue Code as it was in effect for        23) it is eligible for a deduction pursuant to IRC sec- e) Insurance corporations. 
   agreements entered into prior to January 1, 1984;       tion 250(a)(1)(A), i.e., FDII;                        
                                                                                                                f) A Housing Development Fund Company 
9) it claims a credit for increased real estate tax     24) For New York City purposes, it is required to          (HDFC) organized and operating pursuant to the 
   payments made to a landlord in connection with          modify federal taxable income with respect to           provisions of Article 11 of the Private Housing 
   the relocation of employment opportunities to           amounts invested in Qualified Opportunity               Finance Law. 
   New  York City, as provided in Section 11-              Funds under Section 1400Z-2 of the Internal           
   654(13) of the Ad. Code;                                Revenue Code.  See Sections 11-652(8)(a)(16)         g) Organizations organized exclusively for the pur-
                                                                                                                   pose of holding title to property as described in 
10) it claims a credit for certain costs or expenses       and 11-652(8)(b)(23) of the Ad. Code; 
   incurred in relocating employment opportunities                                                                 Sections 501(c)(2) or (25) of the Internal 
   to New York City, as provided in Section 11-         25) it was part of a combined group that has for this      Revenue Code. 
                                                                                                                 
   654(14), 11-654(17), 11-654(17-b) or 11-                taxable year revoked the previously made elec-       h) An entity treated as a Real Estate Mortgage 
   654(19) of the  Ad. Code. See Instructions to           tion under Ad. Code section 11-654.3(3); or             Investment Conduit (REMIC) for federal 
   Forms NYC-9.5, NYC-9.6 and NYC-9.8;                                                                             income tax purposes. (Holders of interests in a 
                                                        26) it excludes from entire net income the amount of       REMIC remain taxable on such interests or on 
11) it claims a modification with respect to wages         any grant received through either the COVID-19          the income thereon.) 
   and salaries disallowed as a deduction for feder-       Pandemic Small Business Recovery Grant pro-           
   al income tax purposes (work incentive/jobs             gram or the New  York City Small Business            i) Corporations principally engaged in the conduct 
   credit provisions), as provided in Section 11-          Resilience Grant program to the extent the              of a ferry business and operating between any of 
   652(8)(a)(7) of the Ad. Code;                           amount of either such grant is included in feder-       the boroughs of the City under a lease granted by 
                                                           al taxable income.                                      the City. 
12) either separately or as a member of a partner-                                                               
   ship, it is engaged in an insurance business as a    The following are NOT required to file a Business       j) A corporation principally engaged in the con-
   member of the New York Insurance Exchange;           Corporation  Tax Return (Form NYC-2 or Form                duct of an aviation, steamboat, ferry or naviga-
                                                        NYC-2S):                                                   tion business, or two or more such businesses, 
13) it is a Regulated Investment Company as defined                                                                provided that all of the capital stock of the cor-
   in Section 851 of the Internal Revenue Code;         a) A dormant corporation that did not at any time          poration is owned by a municipal corporation of 
                                                           during its taxable year engage in any activity or       New York. 
14) it is a Domestic International Sales Corporation       hold title to real property located in New York       
   (DISC);                                                 City.                                                k) Corporations principally engaged in the opera-



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Instructions for Form NYC-2S - 2022                                                                                                                    Page 3

   tion of marine vessels whose activities in the           tody accounts;                                       extension filed on Form NYC-EXT may request up to 
   City are limited exclusively to the use of proper-                                                            two additional three-month extensions by filing Form 
   ty in interstate or foreign commerce.                  The taking of any action by any such bank            NYC-EXT.1.  A separate Form NYC-EXT.1 must be 
                                                            or trust company or broker, which is inci-           filed for each additional three-month extension. 
l) Foreign corporations that are exempt under the           dental to the rendering of safekeeping or             
   provisions of Public Law 86- 272.                        custodian service to the corporation;                Forms NYC-EXT and EXT.1 may be submitted elec-
                                                                                                                 tronically via the Department’s Website or mailed to 
m) Alien Corporations -  An alien corporation (a          The maintenance of an office in this city by         the address indicated on those forms. 
   corporation organized under the laws of a coun-          one or more officers or directors of the corpo-       
   try, or any political subdivision thereof, other         ration who are not employees of the corpora-         FINAL RETURNS 
   than the United States, or organized under the           tion if the corporation otherwise is not doing       If a corporation ceases to do business in New York 
   laws of a possession, territory or common-               business in the city, and does not employ cap-       City, the due date for filing a final Business 
   wealth of the United States) is not deemed to be         ital or own or lease property in the city;           Corporation Tax Return is the 15th day after the date 
   doing business, employing capital, owning or          
   leasing property, maintaining an office, or            The keeping of books or records of a cor-            of the cessation (Ad. Code Section 11-655). 
   deriving receipts from activity, in the city if the      poration in the city if such books and               Corporations may apply for an automatic six-month 
   activities in the city are limited to:                   records are not kept by employees of the             extension for filing a final return by filing Form 
                                                            corporation and the corporation does not             NYC-EXT, Application  for Automatic  6-Month 
    investing or trading in stocks and securities         otherwise do business, employ capital,               Extension of  Time to File Business Income  Tax 
      for its own account within the meaning of             own or lease property, or maintain an                Return on or before that date. Any tax due must be 
      IRC §864(b)(2)(A)(ii);                                office in the city; or                               paid with the final return or the extension, whichever 
    investing or trading in commodities for its                                                                is filed earlier. 
      own account within the meaning of IRC               Any combination of the activities listed              
      §864(b)(2)(B)(ii); or                                 above.                                               AMENDED RETURNS 
                                                                                                                 If you are filing an amended return for any purpose, 
    any combination of these activities. See         WHEN AND WHERE TO FILE                                    mark an X in the Amended return box on page 1 of 
      Ad. Code §11-653(2-a). An alien corpora-         The due date for filing is on or before  April 18, 2023   the return. If you file an amended federal or state 
      tion that under any provision of the IRC is      or, for fiscal year taxpayers, on or before the 15th day  return, you must file an amended New  York City 
      not treated as a domestic corporation as         of the  4th month following the close of the fiscal year. return within 90 days (or 120 days if filing an amend-
      defined under IRC section 7701 and has no                                                                  ed combined return thereafter). 
      effectively connected income for the tax         Special short-period returns: If this is NOT a final       
      year is not subject to tax pursuant to clause    return and your federal return covered a period of less   You must file using the correct year’s return for the 
      three of the opening paragraph of Ad. Code       than 12 months as a result of your joining or leaving     tax year being amended. Do not use the most current 
      §11-652(8).                                      a federal consolidated group or as a result of a feder-   year’s return if the current year is not the year being 
                                                       al IRC §338 election, this return generally will be due   amended. If you file on the wrong year’s return, it 
n) An entity that would otherwise meet the defini-     on the due date for the federal return and not on the     may cause the amended return to be rejected, or may 
   tion of a corporation but that was subject to the   date noted above.                                         cause a delay in receiving any tax benefits being 
   Unincorporated Business  Tax (“UBT”) for its                                                                  claimed. 
                                                                                                                  
   taxable year beginning in 1995 and that made an Mail all returns, except refund returns:                      The Business Corporation Tax is effective January 1, 
   election not to be characterized as a corporation    NYC Department of Finance                                2015 and does not apply to any tax return filed for a 
   under the General Corporation Tax, will also not     P.O. Box 5564                                            tax year commencing prior to January 1, 2015. 
   be a corporation under the Business Corporation      Binghamton, NY 13902-5564                                 
   Tax (Subchapter 3-A) unless and until it revokes                                                              FOR AMENDED RETURNS BASED ON 
   its election.                                       RemittancesPay online with Form NYC- 200V at           CHANGES TO FEDERAL OR STATE 
                                                       nyc.gov/eservices, or Mail payment and Form NYC-          TAXABLE INCOME OR OTHER TAX BASE 
   NOTE:  A corporation that has an officer,           200V only to:                                             For taxable years beginning on or after January 1, 2015, 
   employee, agent or representative in the City        
   and that is not subject to the Business              NYC Department of Finance                                changes in taxable income or other tax base made by the 
   Corporation Tax is not required to file a Form       P.O. Box 3933                                            Internal Revenue Service (“IRS”) and/or New  York 
   NYC-2 but must file a Form NYC-245 (Section          New York, NY 10008-3933                                  State Department of Taxation and Finance (“DTF”) will 
   11-655 of the Ad. Code).  A corporation shall not                                                             no longer be reported on form NYC-3360.  Instead, tax-
                                                                                                                 payers must report these federal or state changes to tax-
   be deemed to be doing business, employing cap-Mail returns claiming refunds: 
                                                                                                                 able income or other tax base by filing an amended 
   ital, owning or leasing property, maintaining an     NYC Department of Finance 
                                                                                                                 return.  This amended return must include a tax work-
   office or deriving receipts from activity, in the    P.O. Box 5563 
                                                                                                                 sheet that identifies each change to the tax base (“Tax 
   city by reason of:                                   Binghamton, NY 13902-5563 
                                                                                                                 Base Change”) and shows how each such Tax Base 
                                                        
    The maintenance of cash balances with                                                                      Change affects the taxpayer’s calculation of its New 
                                                       AUTOMATIC EXTENSIONS 
      banks or trust companies in the city;                                                                      York City tax.  Templates for the tax worksheets are 
                                                       An automatic extension of six months for filing this 
                                                                                                                 available on the DOF website at nyc.gov/finance.  This 
    The ownership of shares of stock or secu-        return will be allowed if, by the original due date, the 
                                                                                                                 amended return must also include a copy of the IRS 
      rities kept in the city if kept in a safe        taxpayer files with the Department of Finance an 
                                                                                                                 and/or DTF final determination, waiver, or notice of 
      deposit box, safe, vault, or other receptacle    application for automatic extension on Form NYC-
                                                                                                                 carryback allowance.  Taxpayers that have federal and 
      rented for the purpose or, if pledged as col-    EXT and pays the amount properly estimated as its 
                                                                                                                 state Tax Base Changes for the same tax period may 
      lateral security, or if deposited with one or    tax. See the instructions for Form NYC-EXT for 
                                                                                                                 report these changes on the same amended return that 
      more banks or trust companies, or with           information regarding what constitutes a proper esti-
                                                                                                                 includes separate tax worksheets for the IRS Tax Base 
      brokers who are members of a recognized          mated tax for this purpose. Failure to pay a proper 
                                                                                                                 Changes and the DTF Tax Base Changes.  Note that for 
      security exchange, in safekeeping or cus-        estimated amount will result in a denial of the exten-
                                                                                                                 taxable years beginning on or after January 1, 2015, 
                                                       sion. A taxpayer with a valid six-month automatic 



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Instructions for Form NYC-2S - 2022                                                                                                                   Page 4 

DTF Tax Base Changes may include changes that affect       must be filed by a corporation that has an officer,      must enter an amount on Form NYC-2S, Schedule A, 
income or capital allocation.                              employee, agent or representative in the City but dis-   line 3.  Because you may only file this form if you do 
                                                           claims liability for the Business Corporation Tax.       not do business outside New York City, all your gross 
The Amended Return checkbox on the return is to  be                                                                 receipts are considered New York City receipts.  
used for reporting an IRS or DTF Tax Base Changes,         FORM NYC-399 - Schedule of New  York City                 
with the appropriate box for the agency making the         Depreciation  Adjustments is used to compute the         Failure to make an entry on this line may result in an 
Tax Base Changes also  checked.  Taxpayers must file       allowable New York City depreciation deduction if a      assessment of tax, or reduction of your refund or credit. 
an amended return for Tax Base Changes within 90           federal ACRS or MACRS depreciation deduction is           
days (120 days for taxpayers filing a combined             claimed for certain property placed in service after     Requirement to be Included in a Combined 
report) after (i) a final determination on the part of the December 31, 1980.                                       Report under the Business Corporation Tax: 
IRS or DTF, (ii) the signing of a waiver under IRC                                                                  Subchapter 3-A adopts a combined reporting regime 
§6312(d) or NY Tax Law §1081(f), or (iii) the IRS          FORM NYC-399Z - Depreciation Adjustments for             under which corporations that meet a more than 50% 
has allowed a tentative adjustment based on a an NOL       Certain Post 9/10/01 Property may have to be filed by    ownership or control test generally must file a com-
carryback or a net capital loss carryback.                 taxpayers claiming depreciation deductions for cer-      bined return if they conduct a unitary business or elect 
                                                           tain sport utility vehicles or "qualified property,"     to file on a combined basis. For more information, 
If the taxpayer believes that any Tax Base Change is       other than "qualified New York Liberty Zone proper-      please refer to the instructions for Form NYC-2A. 
erroneous or should not apply to its City tax calcula-     ty," "qualified New  York Liberty Zone leasehold          
tion, it should not incorporate that Tax Base Change       improvements" and “qualified resurgence zone prop-       ESTIMATED TAX 
into its City tax calculation on its amended return.   erty” placed in service after September 10, 2001, for        If the tax for the period following that covered by this 
However, the taxpayer must attach: (i) a statement to      federal or New York State tax purposes. See Finance      return is expected to exceed $1,000, a declaration of 
its report that explains why it believes the adjustment    Memorandum 22-1, “Application of IRC §280F               estimated tax and installment payments are required. 
is erroneous or inapplicable; (ii) the explanatory tax     Limits to Sports Utility Vehicles.”                      Form NYC-400 is to be used for declarations and 
worksheet that identifies each Tax Base Change and                                                                  installment payments of estimated tax. If the tax on 
shows how each would affect its City tax calculation;      FORM NYC-400 - Declaration of Estimated Tax by           this return exceeds $1,000, submit Form NYC-400 
and (iii) a copy of the IRS and/or DTF final determi-      Business Corporations and Subchapter S General           which is available on the Department of Finance’s 
nation, waiver, or notice of carryback allowance.          Corporations must be filed by any corporation whose      website.  If, after filing a declaration, your estimated 
                                                           New York City tax liability can reasonably be expect-    tax substantially increases or decreases as a result of 
For more information on federal or state Tax Base          ed to exceed $1,000 for any calendar or fiscal tax year. a change in income, deduction or allocation, you must 
Changes, including a more expansive explanation of                                                                  amend your declaration on or before the next date for 
how taxpayers must report these changes as well as         FORM NYC-CR-A - Commercial Rent Tax Annual               an installment payment.  Mail the amended declara-
sample tax worksheets to be included within the            Return must be filed by every tenant that rents prem-    tion, using Form NYC-400, along with your check to: 
amended return, see Finance Memorandum 17-5,               ises for business purposes in Manhattan south of the      
revised and dated October 10, 2018, “Reporting             center line of 96th Street and whose annual or annu-      NYC Department of Finance 
Federal and New York State Changes.                      alized gross rent for any premises is at least $200,000.  P.O. Box 3922 
                                                           (Effective June 1, 2001.)                                 New York, NY 10008-3922 
ACCESSING NYC TAX FORMS                                     
By Computer - Download forms from the Finance web-         FORM NYC-RPT - Real Property  Transfer  Tax               
site at nyc.gov/finance. By Phone - Order forms by call-   Return must be filed when the corporation acquires or    If the amendment is made after the 15th day of the 9th 
ing 311. If calling from outside of the five NYC bor-      disposes of an interest in real property, including a    month of the taxable year, any increase in tax must be 
oughs, please call 212-NEW-YORK (212-639-9675).            leasehold interest; when there is a partial or complete  paid with the amendment.  
                                                           liquidation of the corporation that owns or leases real   
OTHER FORMS YOU MAY BE REQUIRED                            property; or when there is a transfer of a controlling   These payments can also be made online at 
TO FILE                                                    economic interest in a corporation, partnership or       nyc.gov/eservices. 
                                                           trust that owns or leases real property.                  
FORM NYC-EXT - Application For Automatic 6-                                                                         For more information regarding estimated tax pay-
Month Extension of Time to File Business Income Tax        OVERVIEW OF BUSINESS CORPORATION TAX                     ments and due dates, see Form NYC-400. 
Return. File it on or before the due date of the return.                                                             
                                                           Tax Bases and Rates                                      PENALTY FOR UNDERSTATING TAX 
FORM NYC-EXT.1 -  Application for  Additional              Under the Business Corporation  Tax, the business        If there is a substantial understatement of tax (i.e., if 
Extension is a request for an additional three months of   income base is the primary tax base, with the business   the amount of the understatement exceeds the greater 
time to file a return. A corporation with a valid six      capital and fixed dollar minimum tax bases as alter-     of 10% of the tax required to be shown on the return 
month extension is limited to two additional extensions.   natives. For more on the tax rate applicable to the      or $5,000) for any taxable year, a penalty will be 
                                                                                                                    imposed in an amount equal to 10% of the amount of 
FORM NYC-300 - Mandatory First Installment                 business income base, see Schedule E and accompa-
(MFI) by Business C Corporations. This form is to be       nying instructions.                                      the understated tax. 
                                                                                                                     
submitted with respect to the MFI.  The MFI on this        Tax on Business Income                                   The amount of understated tax on which you pay the 
form is equal to 25% of the second preceding year's        The tax on the business income base is computed on       penalty can be reduced by subtracting any item for 
tax.  The due date of the form is 2-1/2 months after       Schedule B.                                              which (1) there is or was substantial authority for the 
the close of the previous fiscal year, not the due date                                                             way in which the item was treated on the return, or (2) 
of the return or extension for the previous year.  For a   Tax on Business Capital                                  there is adequate disclosure of the relevant facts 
calendar year taxpayer, the due date is March 15th.        The tax on the business capital base is computed on      affecting the item’s tax treatment on the return or in a 
 
FORM NYC-222 - Underpayment of Estimated Tax               Schedule C .                                             statement attached to the return. 
by Corporations will help a corporation determine if                                                                 
it has underpaid an estimated tax installment and, if      Fixed Dollar Minimum Tax.                                CHANGE OF BUSINESS INFORMATION 
necessary, compute the penalty due.                        The fixed dollar minimum tax is determined by the        If there have been any changes in your business 
                                                           corporation’s New York City receipts.  To avoid an       name, identification number, billing or mailing 
FORM NYC-245 - Activities Report of Corporations           erroneous assessment or a delay in your refund, you      address or telephone number, complete Form DOF-



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Instructions for Form NYC-2S - 2022                                                                                                                      Page 5 
1, Change of Business Information. You can obtain       SPECIFIC INSTRUCTIONS                                           SCHEDULE A 
this form by calling 311. If calling from outside of                                                                    Computation of Balance Due or Overpayment 
the five NYC boroughs, please call 212-NEW-             Period Covered                                                   
YORK (212-639-9675).  You can also logon to             File the 2022 return for calendar year 2022 and fiscal          LINE 3 – MINIMUM TAX 
nyc.gov/finance.                                        years that  begin in 2022 and end in 2023. For a fiscal or      Enter the amount of New York City Receipts and the 
                                                        short tax year return, fill in the tax year space at the top of Minimum Tax amount from the following table. You 
HOW TO FILL OUT YOUR TAX RETURN                         the form. The 2022 Form NYC-2S also can be used if:             are only eligible to file your Business Corporation 
                                                         
Important identifying information: When preparing                                                                       Tax return on Form NYC-2S if 100% of your busi-
your corporation tax return, be sure to accurately          You have a tax year of less than 12 months that 
                                                                                                                        ness income is to be allocated to the City  If you are 
                                                              begins and ends in 2023, and 
complete the corporation’s identifying information                                                                      using this form to file, you must  enter the total 
(employer identification number (EIN)) including              The 2023 Form NYC-2S is not available at the              amount of your business receipts, which should be the 
the current address. Keep a record of the corpora-                                                                    same as the amount that you would have had to enter 
                                                              time you are required to file the return. 
tion’s identifying information for future use.  Check                                                                   on Schedule F, Part 1, Column A, line 1, or Part 2, 
all the boxes on the front of the return that apply.    You must show the 2023 tax year on the 2022 Form                Column A, line 2a of Form NYC-2 if you had been 
                                                        NYC-2S and take into account any tax law changes that           required to complete that line. 
SIGNATURE                                               are effective for tax years beginning after December 31,         
This report must be signed by an officer authorized to  2022.                                                           TABLE - FIXED DOLLAR MINIMUM TAX 
certify that the statements contained herein are true. If                                                               For  a corporation with New York City receipts of: 
the taxpayer is a publicly-traded partnership or anoth- September 11, 2001 Related Benefits 
er unincorporated entity taxed as a corporation, this   Check the appropriate box on page 1 of this form    Not more than $100,000 ......................................$ 25 
return must be signed by a person duly authorized to    (“Claim any 9/11/01-related federal tax benefits”) if,          More than $100,000 
act on behalf of the taxpayer.                          on your federal return: (i) you reported bonus depre-           but  not over $250,000..........................................$ 75 
                                                        ciation and/or a first year expense deduction under             More than $250,000 
TAX PREPARERS                                           IRC §179 for "qualified New  York Liberty Zone                   but not over $500,000........................................$ 175 
Anyone who prepares a return for a fee must sign the    property," "qualified New York Liberty Zone lease-              More than $500,000 
return as a paid preparer and enter his or her Social   hold improvements," or "qualified Resurgence Zone               but not over $1,000,000.....................................$ 500 
Security Number or PTIN. (See Finance Memorandum        property," regardless of whether you are required to             
00-1.) Include the company or corporation name and      file form NYC-399Z, or (ii) you replaced property               More than $1,000,000 
Employer Identification Number, if applicable.          involuntarily converted as a result of the attacks on           but  not over $5,000,000 ...................................$1,500 
                                                        the  World  Trade Center during the five (5) year               More than $5,000,000 
Preparer Authorization: If you want to allow the        extended replacement period. You must attach feder-but               not over $25,000,000 .................................$3,500 
Department of Finance to discuss your return with the   al forms 4562, 4684 and 4797 to this return. See                More than $25,000,000 
paid preparer who signed it, you must check the "Yes"instructions for Schedule B, lines 6 and 9 for more                but  not over $50,000,000 .................................$5,000 
box in the signature area of the return. This authori-  information. 
zation applies only to the individual whose signature                                                                   More than $50,000,000 
appears in the "Preparer's Use Only" section of your    Filing your final return                                        but  not over $100,000,000.............................$10,000 
return. It does not apply to the firm, if any, shown in Mark an X in the Final return box on page 1 of the              More than $100,000,000 
that section. By checking the "Yes" box, you are        return if the corporation has ceased doing business,            but  not over $250,000,000.............................$20,000 
authorizing the Department of Finance to call the pre-  employing capital, or owning or leasing property in             More than $250,000,000 
parer to answer any questions that may arise during     New York City. Do not mark an X in the Final returnbut               not over $500,000,000.............................$50,000 
the processing of your return.                          if you are only changing the type of return that you            More than $500,000,000 
                                                        file. Do not mark an X in the Final return box in the            but not over $1,000,000,000........................$100,000 
Also, you are authorizing the preparer to:              case of a merger or consolidation. Include the full             Over $1,000,000,000....................................$200,000 
                                                        profit from any installment sale made in your final tax          
   give the Department any information missing        year on your final return. Also include on your final           Short Periods - Fixed Dollar Minimum Tax Compute 
     from your return                                   return any remaining profit not yet received from a             the New York City receipts for short periods (tax peri-
                                                        prior year’s installment sale.                                  ods of less than 12 months) by dividing the amount of 
   call the Department for information about the                                                                      New York City receipts by the number of months in 
     processing of your return or the status of your    S Corporation  Termination  Year:               If an S         the short period and multiplying the result by 12.  
 
     refund or payment(s), and                          Corporation is terminating its federal S election on a          Once this annualized amount is calculated (do not 
   respond to certain notices that you have shared    day other than the first day of the tax year, the tax year      replace your NYC receipts on Line 3 with this annual-
     with the preparer about math errors, offsets, and  is divided into two tax periods (an S short year and a C        ized amount) use the table above to determine the 
     return preparation. (These notices will not be     short year). The taxpayer must file a GCT or Bank Tax           fixed dollar minimum tax  based on the annualized 
     sent to the preparer).                             return for the S Corporation short year and a Form              amount. The resulting fixed dollar minimum tax may 
                                                        NYC-2, NYC-2S or Form NYC-2A for the C                          be reduced for short periods  as indicated below.  Enter 
You are  not authorizing the preparer to receive any    Corporation short year.  The due date of the S                  the reduced amount on line 3 (if applicable). 
refund check, bind you to any statement, act or legal   Corporation short year return is the same as the C               
position (including any additional tax liability), or   Corporation short year, even though they are treated asPeriod            Reduction 
otherwise represent you before the Department. The      separate short tax years. See Finance Memorandum 
                                                                                                                        Not more than 6 months......................................50% 
authorization cannot be revoked; however, the author-   15-2, “Transitional Filing Provisions for  Taxpayers             
                                                                                                                        More than 6 months 
ization will automatically expire no later than the dueAffected by Corporate Reform Legislation.”                       but  not more than 9 months ................................25% 
date (without regard to any extensions) for filing next  
                                                                                                                        More than 9 months ...........................................None 
year's return. Failure to check the box will be deemed  Special Condition Codes                                          
a denial of authority.                                  Check the Finance website for applicable special con-           LINE 5 - PREPAYMENTS 
                                                        dition codes. If applicable, enter the two character            Enter the sum of all estimated tax payments made for 
                                                        code in the box provided on the form.                           this tax period, the payment made with the extension 
                                                         



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Instructions for Form NYC-2S - 2022                                                                                                                          Page 6 
request, if any, and both the carryover credit and the      ing electronically, enter the amount of your remit-            of a trade or business within the United States, 
first installment reported on the prior tax period’s        tance on Line A. If not paying electronically, leave           as determined under IRC section 882, for an 
return.  This figure should be obtained from the            Line A blank. All remittances must be payable in               alien corporation that under any provision of the 
Composition of Prepayments Schedule at the bottom           U.S. dollars drawn on a U.S. bank. Checks drawn on             IRC is not treated as a domestic corporation as 
of page 1 of Form NYC-2S.  Use line G of the                foreign banks will be rejected and returned.                   defined in IRC 7701; or 
Prepayment Schedule for original returns; use line H        Remittances must be made payable to the order of            
in case of an amended return.  See the instructions to      NYC Department of Finance.                                   FTI that would have been reported to the IRS in 
the Prepayments Schedule.                                                                                                  the case of a corporation which is exempt from 
                                                            LINE 13 - NEW YORK CITY RENT                                   federal income tax (other than tax on unrelated 
LINE 8a - LATE PAYMENT - INTEREST                           Enter on this line total rent paid on business premises        business income imposed under IRC section 
If the tax is not paid on or before the due date (deter-    located inside New York City and deducted on the               511) but is taxable under Subchapter 3-A. plus 
mined without regard to any extension of time), interest    federal return.                                                or minus certain New York City modifications. 
must be paid on the amount of the underpayment from                                                                        The sum of investment income and other exempt 
the due date to the date paid. For information as to the    LINE 14 - GROSS RECEIPTS                                       income must not exceed ENI; 
applicable rate of interest, call 311. If calling from out- The amount entered on line 14 should be the same amount     
side of the five NYC boroughs, please call 212-NEW-         entered on line 1c of the taxpayer's federal Form 1120     plus or minus certain New York City modifications. 
YORK (212-639-9675) or log on to nyc.gov/finance.           (Gross receipts or sales less returns and allowances).      
                                                                                                                       LINE 1 
LINE 8b - LATE PAYMENT OR LATE                              For interest calculations and account information, call    Enter your federal taxable income (before net operat-
FILING/ADDITIONAL CHARGES                                   311. If calling from outside of the five NYC bor-          ing loss and special deductions) as required to be 
a)   A late filing penalty is assessed if you fail to file  oughs, please call 212-NEWYORK (212-639-9675).             reported to the U.S. Treasury Department.  
     this form when due, unless the failure is due to       You can also visit the Finance website at                   
     reasonable cause. For every month or partial           nyc.gov/finance                                              If you file federal Form 1120, use the amount 
     month that this form is late, add to the tax (less                                                                    from line 28. 
                                                                                                                        
     any payments made on or before the due date)           PREPAYMENTS SCHEDULE                                         If you file federal Form 1120-H or Form 1120-
     5%, up to a total of 25%.                              Enter the payment date and the amount of all prepay-           POL, use the amount from line 19. 
                                                            ments made for this tax period.                             
b)   If this form is filed more than 60 days late, the                                                                   If you are exempt from federal income tax but 
     above late filing penalty cannot be less than the      LINE H (Amended Returns Only) -                                subject to New York City Business Corporation 
     lesser of                                              This line should reflect the total amount of payments          Tax, you must determine the amount you would 
 
     (1) $100 or                                            that is applicable to the taxable year covered by this         have had to report as FTI, before NOL and spe-
                                                            return, including those made with the original return          cial deductions, as if you were not exempt. 
     (2) 100% of the amount required to be shown            (less any amounts that were carried forward and applied        Attach a separate sheet showing how you deter-
       on the form (less any payments made by the           to a subsequent period and any refunds received) and           mined the amount. Note:  If you have any NOL 
       due date or credits claimed on the return).          any subsequent payments made prior to the filing of this       balances and are required to file Form NYC-2.4, 
                                                            amended return. Do not include payments being made             you are required to file Form NYC-2 and may 
c)   A late payment penalty is assessed if you fail to      with this return. Attach a schedule listing the payments,      not use this form. 
     pay the tax shown on this form by the prescribed       credits and refunds included on this line.                  
     filing date, unless the failure is due to reasonable                                                                If you have an amount of excess inclusion as a 
     cause. For every month or partial month that           Example - Taxpayer listed payments of $6,000 on the            result of having a residual interest in a real estate 
     your payment is late, add to the tax (less any         Composition of Prepayments Schedule on the origi-              mortgage investment conduit (REMIC), you 
     payments made) 1/2%, up to a total of 25%.             nal return. The tax liability as reflected on the original     must properly reflect this income in FTI. 
                                                                                                                        
d)   The total of the additional charges in a) and c)       return was $5,000.  The taxpayer requested and 
                                                            received a refund of $1,000. A year later, the taxpay-     LINE 3 - INCOME TAXES 
     may not exceed 5% for any one month except as                                                                     Enter any taxes on or measured by income or profit 
                                                            er files an amended return showing a new tax liabili-
     provided for in b). If you claim not to be liable      ty for the same period of $1,000. Because of the           paid or accrued to the United States, any of its pos-
     for these additional charges, attach a statement       refund, the amount of the prepayment is now $5,000,        sessions, which were deducted in computing federal 
     to your return explaining the delay in filing, pay-    which should be entered on this line and on line 5 of      taxable income on line 1. 
     ment or both.                                          Schedule A. Attach a schedule showing all payments          
                                                            (including those made prior to the filing of the origi-    LINES 4 AND 5 - STATE AND LOCAL BUSI-
LINE 8c - PENALTY FOR UNDERPAYMENT                          nal return) and the refund.                                NESS TAXES 
OF ESTIMATED TAX                                                                                                       On line 4 enter the amount deducted on your federal 
A penalty is imposed for failure to file a declaration of   SCHEDULE B                                                 return for business taxes paid or accrued to any state, 
estimated tax or for failure to pay each installment pay-   Computation of Tax on Business Income Base.                any political subdivision of a state or to the District of 
ment of estimated tax due. (For complete details, refer     Business income is ENI minus exempt income.                Columbia if they are on or measured by profits or 
to Form NYC-222, Underpayment of Estimated Tax by                                                                      income or include profits or income as a measure of 
Corporations.). If you underpaid your estimated tax, use    Note:  If you have investment income or other              tax, including taxes expressly in lieu of any of the 
Form NYC-222 to compute the penalty. Attach Form            exempt income, you may not file this form and              foregoing taxes. Include the New  York State 
NYC-222. If no penalty is due, enter “0” on line 8c.        must use Form NYC-2.                                       Metropolitan Transportation Business Tax surcharge 
                                                                                                                       and the MTA Payroll Tax (New York State Tax Law, 
LINE 12 - TOTAL REMITTANCE DUE                              ENI is:                                                    Art. 23). Attach a schedule listing each locality and 
If the amount on line 6 is greater than zero or the          Federal Taxable Income (FTI) for non-alien cor-         the amount of all those taxes deducted on your feder-
amount on line 10 is less than zero, enter on line 12          porations or alien corporations that are treated as     al return. On line 5, enter the amount of New York 
the sum of line 6 and the amount, if any, by which             domestic corporations; or                               City General Corporation Tax, Banking Corporation 
line 9 exceeds the amount on line 7. I f filing andpay-                                                                Tax and Business Corporation Tax deducted on your 
                                                             Income effectively connected with the conduct           federal return. 



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Instructions for Form NYC-2S - 2022                                                                                                                       Page 7 
LINE 6 - ACRS DEPRECIATION                               mobile would have had to been placed into service      income must be adjusted to reflect the limited deduc-
The federal bonus depreciation allowed for "qualified    on or before December 31, 2019. This extension of      tions allowed for City purposes under this provision. 
property", as defined in the Job Creation and Worker     the placed in service deadline only applies to auto-   Enter on Schedule B, lines 6 and 9 the appropriate 
Assistance Act of 2002 is not allowed for Business       mobiles acquired on or after September 28, 2017.       adjustments from form NYC-399Z. See Finance 
Corporation Tax purposes except for such deductions      However, if the passenger automobile was acquired      Memorandum 22-1, “Application of IRC §280F 
allowed with respect to "qualified New York liberty      before September 28, 2018, the first year additional   Limits to Sports Utility Vehicles.” 
zone property", "qualified New  York liberty zone        depreciation is phased down to $6,400 in the case of    
leasehold improvements" and "qualified property"         an automobile placed in service during 2018 and to     The federal depreciation deduction computed under 
placed in service in the Resurgence Zone (generally      $4,800 in the case of automobile placed in service     the Accelerated Cost Recovery System or Modified 
the area in the borough of Manhattan south of            during 2019.                                           Accelerated Cost Recovery System (IRC Section 168) 
Houston Street and north of Canal Street). For City                                                             is not allowed for the following types of property: 
tax purposes, depreciation deductions for all other      The Administrative Code limits the depreciation for     
"qualified property" must be calculated as if the prop-  “qualified property” other than “Qualified             - property placed in service in New York State in 
erty was placed in service prior to September 11,        Resurgence Zone property” and “New York Liberty         taxable years beginning before January 1, 1985 
2001.                                                    Zone property” to the deduction that would have been    (except recovery property subject to the provisions 
                                                         allowed for such property had the property been         of Internal Revenue Code Section 280-F) 
Recent Federal Legislation Effecting Depreciation.       acquired by the taxpayer on September 10, 2001, and     
Section 143 of the Protecting Americans from  Tax        therefore, except for Qualified Resurgence Zone        - property of a taxpayer principally engaged in the 
Hikes  Act of 2015, Pub. L. No. 114-113, Div Q           property, as defined in the.Administrative Code and     conduct of an aviation, steamboat, ferry, or naviga-
(December 18, 2015) (“2015 PATH Act”) extended           “New  York Liberty Zone property,” the City has         tion business, or two or more such businesses which 
bonus depreciation so that it is available for property  decoupled from the federal bonus depreciation provi-    is placed in service in taxable years beginning after 
acquired and placed in service during 2015-2019;         sion. Qualified Resurgence Zone property is qualified   December 31, 1988, and before January 1, 1994. 
bonus depreciation was extended through 2020 for         property described in section 168(k)(2) of the IRC      
certain property with a longer production period.        substantially all of the use of which is in the        In place of the federal depreciation deduction, a depre-
Under the 2015 PATH Act, the bonus depreciation is       Resurgence Zone (which is generally in the borough     ciation deduction using pre-ACRS or MACRS rules 
50% for property placed in service during 2015-2017,     of Manhattan south of Houston Street and north of      (IRC Section 167) is allowed. Enter on line 6 the 
40% for property placed in service during 2018, and      Canal Street), is in the active conduct of a trade or  ACRS adjustment from Form NYC-399, Schedule C, 
30% for property placed in service during 2019. The      business by the taxpayer in such zone, and the origi-  line 8, Column A. Enter on line 9 the ACRS adjust-
first year depreciation for passenger automobiles        nal use of which in the Resurgence Zone commences      ment from Form NYC-399, Schedule C, line 8, 
under IRC §280F(a)(1)(A) is increased by $8,000 for      with the taxpayer after September 10, 2001.  The       Column B. ACRS and MACRS may be available for 
the 2015 tax year and the 2016 calendar tax year for     Administrative Code also requires appropriate adjust-  property placed in service outside New York in years 
certain qualified property. However, in the case of a    ments to the amount of any gain or loss included in    beginning after 1984 and before 1994. See Finance 
passenger automobile placed in service after             entire net income or unincorporated business entire    Memorandum 99-4, “Depreciation for Property 
December 2016, the first year additional depreciation    net income upon the disposition of any property for    Placed in Service Outside New York After 1984 and 
is phased down to $6,400 in the case of an automobile    which the federal and New York City depreciation       Before 1994.
placed in service during 2018 and to $4,800 in the case  deductions differ. For further information, see the     
of automobile placed in service during 2019.             instructions to Form NYC-399Z for this calculation.    LINE  8 - CITY AND STATE REFUNDS 
                                                                                                                Enter on line 8 refunds or credits of the New York 
Most recently, section 13201(b) of the Tax Cuts and      For tax years beginning on or after January 1, 2004,   City General Corporation  Tax, New  York State 
Jobs Act of 2017 (“TCJA”) extended the bonus depre-      other than for eligible farmers (for purposes of the   Franchise  Tax or New York City or State Banking 
ciation deduction to cover property placed in service    New York State farmers' school tax credit), the amount Corporation  Tax or New  York City Business 
before January 1, 2027 (except for aircraft and log-     allowed as a deduction with respect to a sport utility Corporation Tax for which no tax exclusion or deduc-
production period property had to be placed into serv-   vehicle that is not a passenger automobile for purpos- tion was allowed in determining the taxpayer’s tax-
ice before January 1, 2028.) Pursuant to section         es of section 280F(d)(5) of the IRC is limited to the  able (entire) net income in a prior year. 
13201(a) of the TCJA, for property placed in service     amount allowed under section 280F of the IRC as if      
after September 27, 2017, the bonus depreciation rate    the vehicle were a passenger automobile as defined in  LINE 9 - DEPRECIATION ADJUSTMENT 
was raised to 100% with the phase-down to begin in       that section. For SUVs that are qualified property     Enter on line 9 the adjustments from Form NYC-399 
2023. The taxpayer can elect to apply a 50% depreci-     other than qualified Resurgence Zone property and      and/or Form NYC-399Z, Schedule C, line 8, Column 
ation rate for property placed in service in the taxpay- other than New  York Liberty Zone property, the        B. See instructions for Schedule B, line 6. 
er’s first tax year ending after September 27, 2017.     amount allowed as a deduction is calculated as of the   
The phase-down of the bonus depreciation enacted         date the SUV was actually placed in service and not as LINE  11 - NET BUSINESS  INCOME 
under the 2015 PATH is still applicable for property     of September 10, 2001.                                 If line 11 is  a loss, you may not use this form and 
acquired before September 28, 2017. Thus, for prop-                                                             must file using Form NYC-2.  
erty acquired before September 28, 2017 and placed in    Note that for Business Corporation Tax purposes:        
service in service in 2018, the bonus depreciation is                                                           LINE 12 - TAX RATE 
40% and 30% for property placed in service in 2019       An SUV cannot qualify as either Qualified            Use Schedule E, Determination of Tax Rate, to deter-
with no bonus depreciation for property placed in          Resurgence Zone Property or as New  York             mine your tax rate. For more information see the 
service after 2019.                                        Liberty Zone property. See Administrative Code       instructions for Schedule E. 
                                                           section 11-652(8)(o).                                 
Under the  TCJA, the first year depreciation limit                                                              SCHEDULE C 
increase of $8,000 for passenger automobiles under       An SUV cannot qualify for the additional first       Computation of Tax on Capital Base 
§280(F)(a)(1)(A) is extended to include automobiles        year depreciation available under the recent fed-     
placed in service on or before December 31, 2026.          eral legislation described above.                    LINES 1 THROUGH 5 - AVERAGE VALUE OF 
Prior to that, in order to qualify for the $8,000                                                               TOTAL ASSETS 
increase in bonus depreciation, the passenger auto-      On the disposition of an SUV subject to the limita-    To determine the value of your assets for business and 
                                                         tion, the amount of any gain or loss included in 



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Instructions for Form NYC-2S - 2022                                                                                                                         Page 8 
investment capital purposes, you must include real        SCHEDULE D                                                 "manufacturing" includes the process (including the 
property and marketable securities at fair market         Additional Required Information                            assembly process) (A) of working raw materials into 
value. The value of all other property must be includ-    All questions must be answered.                            wares suitable for use or (B) which gives new shapes, 
ed at the value shown on the taxpayer's books and                                                                    new qualities or new combinations to matter which 
records in accordance with generally accepted             Question 1                                                 already has gone through some artificial process by 
accounting principles (GAAP). On Schedule C, line 1,      Please attach a schedule indicating all of the signifi-    the use of machinery, tools, appliances and other sim-
enter the value of total assets at the beginning of the   cant business activities of the corporation both in        ilar equipment.  A corporation is "principally 
year in column A and at the end of the year in column     New York City and everywhere. State the broad fields       engaged" in the manufacturing activities described 
B. Enter the average value in column C.  Attach a         of business activities as well as the specific products    above, if during the taxable year, more than fifty (50) 
schedule showing the computation of the average           or services (e.g., mining copper, manufacturing cot-       percent of the gross receipts of the corporation are 
value. On line 2, enter the value of real property and    ton broad woven fabric, wholesale meat, retail men’s       derived from receipts from the sale of 
marketable securities included in line 1. Enter on line   apparel, export or import chemicals, real estate rental,   goods produced by such activities. 
4 the fair market value of real property and marketable   or real estate operation of motel).                         
securities. Average value is generally computed on a                                                                 A “qualified New York manufacturing corporation” is 
quarterly basis. A more frequent basis (monthly, week-    Questions 2, 3a and 3b                                     a manufacturing corporation that has property 
ly or daily) may be used. Where the taxpayer’s usual      If you answer “yes” to question 2, attach a separate       described an Ad. Code section 11-654(1)(k)(5) and 
accounting practice does not permit computation of        sheet providing street address, borough, block and lot     either (A) the adjusted basis of that property for New 
average value on a quarterly or more frequent basis, a    number of such property.                                   York State tax purposes at the close of the taxable 
semiannual or annual basis may be used if no distor-                                                                 year is at least $1,000,000 or (B) more than 50% of its 
tion of average value results. With respect to real prop- A controlling interest in the case of a corporation        real and personal property is located in New York 
erty owned by the taxpayer and located within New         means: 50% or more of the total combined voting            State. 
York City, the fair market value is presumed to be not    power of all classes of stock of such corporation, or       
less than the estimated market value of the property on   50% or more of the total fair market value of all class-   For qualified New York manufacturing corporations, 
the Final Assessment Roll of the City for the period      es of stock of such corporation.                           a lower tax rate will be applicable to any such corpo-
covered by the return or the most recent sales price,                                                                ration which meets the income criteria set forth on 
whichever is greater.                                     Question 6                                                 line 4 and line 5 of this Schedule E. The special lower 
                                                          A corporation is deriving receipts from activity in        tax rate will be determined in accordance with 
LINE 6 - TOTAL LIABILITIES                                New York City if it has receipts within the City of $1     whichever of the above stated lines is applicable. 
The liabilities deductible in computing business capi-    million or more in the tax year. Answer YES if you          
tal and Investment capital are those liabilities (both    are subject to tax solely as a result of deriving receipts LINE B 
long and short term) that are directly or indirectly      in New York City.                                          Enter on line B the line number of the tax rate com-
attributable to each type of capital. Use the same                                                                   puted or used below. 
method of averaging as used in determining average        SCHEDULE E                                                  
value of assets.                                          Determination of Tax Rate                                  PRIVACY ACT NOTIFICATION 
                                                          Enter on line A the tax rate computed or used.             The Federal Privacy  Act of 1974, as amended, 
LINE 7 - NET BUSINESS CAPITAL                                                                                        requires agencies requesting Social Security Numbers 
If the period covered by this report is other than a      Generally Applicable Tax Rate                              to inform individuals from whom they seek this infor-
period of twelve calendar months, after completing                                                                   mation as to whether compliance with the request is 
lines 1 through 6 but before entering any amount on       The generally applicable tax rate for Business             voluntary or mandatory, why the request is being 
line 7, multiply the excess of the amount on line 5       Corporations other than Financial Corporations as          made and how the information will be used. The dis-
over the amount on line 6 by a fraction, the numera-      defined in  Ad. Code section 11-654(1)(e)(1)(i) is         closure of Social Security Numbers for taxpayers is 
tor of which is the number of months or major parts       8.85 percent.  However, special lower tax rates are        mandatory and is required by section 11-102.1 of the 
thereof included in such period and the denominator       applicable to small corporations and Qualified New         Administrative Code of the City of New York. Such 
of which is twelve. Enter the resulting amount on line    York Manufacturing Corporations as described               numbers disclosed on any report or return are request-
7 of Schedule C. Attach a separate schedule showing       below. For any tax rate calculated under line 2 or line    ed for tax administration purposes and will be used to 
computation.                                              5 of this Schedule E, express the finally determined       facilitate the processing of tax returns and to establish 
                                                          rate as a percentage carried out and rounded to three      and maintain a uniform system for identifying tax-
LINE 8 - TAX ON BUSINESS CAPITAL                          (3) decimal places – e.g. 7.053%, not 7.1% or 7.05%.       payers who are or may be subject to taxes adminis-
The tax on business capital is calculated as follows:                                                                tered and collected by the Department of Finance, 
                                                          Special Lower Tax Rates for Small Corporations             and, as may be required by law, or when the taxpayer 
a. Subtract any amounts in Column A, line 8b from                                                                    gives written authorization to the Department of 
   the amount on line 7. Enter the result in Column       For corporations, other than Financial Corporations        Finance for another department, person, agency or 
   A of line 8a, multiply this amount by .15% and         (as defined in Ad. Code section 11-654(1)(e)(1)(i)), a     entity to have access (limited or otherwise) to the 
   enter the result in Column C.                          lower tax rate may be applicable to any corporation        information contained in his or her return. 
                                                          that meets the income criteria set forth on line 1 or       
b. Cooperative housing corporations: Enter the            line 2 of this Schedule E. The special lower tax rate 
   Boro, block and lot numbers of the cooperative         will be determined in accordance with whichever of 
   corporation, multiply the amount on Line 8b,           the above stated lines is applicable. 
   Column A by the tax rate of .04%. Enter the             
   result in Column C of Line 8b. If a taxpayer is a      Special Lower Tax Rates for Qualified Manufacturing 
   Cooperative Housing Corporation, all of taxpay-        Corporations 
   er’s capital is entered on line 8b.                     
                                                          A “manufacturing corporation" is a corporation prin-
                                                          cipally engaged in the manufacturing and sale of tan-
                                                          gible personal property. For this purpose, the term                              NYC-2S Instructions - 2022






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