PDF document

- 1 -

ACTIVITIES REPORT OF BUSINESS
-245 AND GENERAL CORPORATIONS
TO BE FILED ONLY BY CORPORATIONS DISCLAIMING LIABILITY FOR TAX.
THE FILING OF THIS REPORT DOES NOT CONSTITUTE THE FILING OF A RETURN
n Business Corporation - File Federal Form 1120,n General Corporation - File Federal Form 1120S
1120C, 1120F, 1120-RIC, 1120-REIT or 1120H
n Check box if the corporation has ceased operations n Check this box if you claim an overpayment. Refund Amount: ___________________$
For CALENDAR YEAR ____________ or FISCAL YEAR beginning _________________________________ and ending _________________________________
Name: Name TAXPAYER’S EMAIL ADDRESS
Change n
In Care of
EMPLOYER IDENTIFICATION NUMBER

Address (number and street): Address
*30812091* Change n
City and State: Zip Code: BUSINESS CODE NUMBER AS PER FEDERAL RETURN

Location of Executive or Main Office:

NYC PRINCIPAL BUSINESS ACTIVITY

Date incorporated ________ -________ -________ under laws of ______________________________________
1. OFFICES AND OTHER PLACES OF BUSINESS IN NEW YORK CITY
LOCATION NATURE OF ACTIVITY DATE ESTABLISHED

2. OTHER OFFICES AND PLACES OF BUSINESS
LOCATION (CITY AND STATE) NATURE OF ACTIVITY DATE ESTABLISHED

3. OFFICERS, AGENTS AND REPRESENTATIVES IN NEW YORK CITY
(Attach a full description of duties for each officer, agent or representative)
NAME RESIDENCE ADDRESS OFFICIAL TITLE

4. Number of employees in New York City ___________________ (give number, titles, and duties of each class on a rider)
5. The corporation is exempt from General Corporation Tax or Business Corporation Tax as
a) an insurance corporation (attach copy of New York State Certificate of Authority)...................................................... 5a. n YES n NO
b) a nonstock, nonprofit organization (see instructions)................................................................................................. 5b. n YES n NO
6. Did the corporation:
a) own or lease real property in New York City? .............................................................................................. 6a. n YES* n NO
b) own or lease tangible personal property in New York City? ........................................................................ 6b. n YES* n NO
c) employ any other assets in New York City?................................................................................................. 6c. n YES* n NO
d) own merchandise located in New York City for sale?.................................................................................. 6d. n YES* n NO
e) own assets located in New York City which are leased to others?.............................................................. 6e. n YES* n NO
f) perform any construction, erection, installation or repair work or other services in New York City?............ 6f. n YES* n NO
g) file a New York State Franchise Tax Report? If "Yes," attach a copy of report. ........................................... 6g. n YES n NO
h) file a New York State Activities Report (CT-245)? If "Yes," attach a copy of report. .................................... 6h. n YES n NO
i) regularly solicit business by representatives going into New York City? ..................................................... 6i. n YES* n NO
j) participate in a partnership or joint venture doing business in New York City? ........................................... 6j. n YES* n NO
* If "Yes," attach schedule giving full details.
CERTIFICATION OF AN ELECTED OFFICER OF THE CORPORATION
I hereby certify that this report, including any accompanying rider, is, to the best of my knowledge and belief, true, correct and complete.

Signature of Officer: Title: Date:

ALL RETURNS EXCEPT REFUND RETURNS RETURNS CLAIMING REFUNDS ENTER YOUR CORRECT
NYC DEPT. OF FINANCE, GENERAL CORPORATION TAX NYC DEPT. OF FINANCE, GENERAL CORPORATION TAX EMPLOYER IDENTIFICATION
P.O. BOX 5564, BINGHAMTON, NY 13902-5564 P.O. BOX 5563, BINGHAMTON, NY 13902-5563 NUMBER
30812091 NYC-245 2020

- 2 -

Instructions for Form NYC-245 - 2020                                                                                                    Page 2

This report must be filed by any corporation     4) the corporation is a Real Estate Mortgage      poration an exemption from federal income 
that has an officer, employee, agent, or rep-      Investment Conduit (REMIC); or                  taxation and photocopies of federal, state and 
resentative in the City and claims not to be                                                       local tax returns filed by the organization for 
subject to the New York City General Cor-        5) the corporation is exempt from Federal         the three most recent preceding years.   
poration Tax or Business Corporation Tax.          income tax under IRC section 501(c)(2)            
For taxable years beginning in 1996 and            or (25).                                        All of the above information should be sent 
thereafter, entities taxable as corporations for                                                   to: 
federal income tax purposes under IRC            WHEN TO FILE                                        
§7701(a)(3) and §7704 are considered cor-        Any S corporation required to file this report        NYC Department of Finance 
porations for purposes of the General Corpo-     must do so annually, on or before March 15th          Exemption Processing Unit 
ration Tax.   A corporation subject to           if it reports on a calendar year basis for fed-       59 Maiden Lane, 20th Floor 
General Corporation Tax or Business Cor-         eral income tax purposes, or on or before the         New York, NY  10038 
poration Tax cannot use this form;   it must     15th day of the 3rd month following the close       
file a General Corporation Tax return, Form      of its fiscal year if it reports on a fiscal year There is no prescribed application form and 
NYC-4S, NYC-4S-EZ or NYC-3L or a Busi-           basis.                                            no application fee. 
ness Corporation Tax return, Form NYC-2 or                                                          
NYC-2S.  See "Corporations Subject to Tax"       Any C corporation required to file this report    LINE 6 
below.  The filing of this form does not con-    must do so annually, on or before April 15th      If you answer "yes" to any question other 
stitute the filing of a return by the corpo-     if it reports on a calendar year basis for fed-   than 6h, the corporation may be subject to 
ration sufficient to start the running of the    eral income tax purposes, or on or before the     General Corporation Tax or Business Corpo-
limitations period for assessments of tax.       15th day of the 4th month following the close     ration  Tax.  See "Corporations Subject to 
To obtain the protection of the limitations      of its fiscal year if it reports on a fiscal year Tax" for more information.  Corporations 
period, a General Corporation Tax return         basis.                                            subject to tax cannot use this form. 
or Business Corporation Tax return must                                                             
be properly filed.  A corporation that has       LINE 5b                                           LINE 6g 
ceased doing business in the City during the     Every corporation claiming exemption from         If the answer to question 6g is “yes,” state on 
taxable year cannot use this form.  Such a       General Corporation Tax or Business Corpo-        a rider what activities take place elsewhere 
corporation must file a final return or request  ration Tax as a nonstock, nonprofit corpora-      in New York State that do not also take place 
an extension of time to file a final return on   tion (except for corporations exempt from         in New York City, or other reasons for filing 
or before the 15th day after the date that       federal income tax under IRC Section              a State Franchise Tax Report. 
the corporation ceases to be subject to the      501(c)(2) and (25)) must apply for an ex-          
General Corporation Tax or Business Cor-         emption from the Department of Finance by         LINE 6i 
poration Tax. See Form NYC-EXT and in-           submitting an application for exemption con-      If the answer is "yes," see section 11-
structions for further information.              taining an affidavit setting forth the following  04(b)(11) of Title 19 of the Rules of the City 
                                                 information about the corporation:                of New York for information regarding the 
A corporation is not required to file this re-                                                     application of P.L. 86-272 to activities in 
port if it falls under one of the following:     1) the type of organization;                      New York City. 
                                                                                                    
1) the corporation is exempt from the Gen-       2) the purposes for which it is organized;        CORPORATIONS SUBJECT TO TAX  
 eral Corporation Tax under Section 11-                                                             
 603.4 or the Business Corporation Tax           3)  a description of its actual activities;       A corporation subject to General Corpo-
 under Section 11-653(4) of the Adminis-                                                           ration Tax  or Business Corporation Tax 
 trative Code;                                   4) the source and disposition of its income;      cannot use this form; it must file either Form 
                                                                                                   NYC-4S, NYC-4S-EZ or NYC-3L (GCT) or 
2) the corporation has received a letter from    5) whether any of its income is credited to       Form NYC-2 or Form NYC-2S (Business 
 the Department of Finance exempting it            surplus or may inure to any private stock-      Corporation Tax).  Sections 11-603.1 and 11-
 from tax as a nonstock, nonprofit corpo-          holder or individual; and                       653(1) of the Administrative Code provide 
 ration (see instructions for line 5b below),                                                      that a corporation is subject to tax if it is: 
 provided there has been no change in its        6)  such other facts that may affect its right      
 character, activities or federal  tax status      to exemption.                                   1) doing business in New York City; 
 since the date of that letter;                                                                      
                                                 The affidavit must be supplemented by: a          2) employing capital in New York City; 
3) the corporation’s only tie with New York      copy of the articles of incorporation or arti-      
 City is that one or more of the corpora-        cles of association, a copy of the bylaws,        3) owning or leasing property in New York 
 tion’s officers, employees, agents or rep-      copies of statements showing the corpora-             City, in a corporate or organized capacity;  
 resentatives reside in the City or come         tion's assets and liabilities and receipts and        or 
 into the City infrequently in connection        disbursements for the most recent year, a           
 with isolated transactions of the corpora-      photostatic copy of a letter from the United      4)  maintaining an office in New York City. 
                                                                                                     
 tion;                                           States Treasury Department granting the cor-

- 3 -

Instructions for Form NYC-245 - 2020                                                                                                Page 3

The term “doing business” is used in a com-     taining an office in New York City by reason       commodities for its own account within the 
prehensive sense and includes all activities    of:                                                meaning of the Internal Revenue Code 
that occupy the time or labor of people for                                                        §864(b)(2)(A) or §864(b)(2)(B).  
profit. Regardless of the nature of its activi- a) the maintenance of cash balances with            
ties, every corporation organized for profit        banks or trust companies or brokers in         For purposes of the Business Corporation 
and carrying out any of the purposes of its or-     the City;                                      Tax, an alien corporation that under any pro-
ganization is deemed to be “doing business”                                                        vision of the Internal Revenue Code is not 
for the purpose of the tax. In determining      b) the ownership of shares of stock or secu-       treated as a “domestic corporation” as defined 
whether a corporation is doing business, it is      rities kept in the City, if kept in a safe de- in IRC §7701 and has no effectively con-
immaterial whether its activities actually re-      posit box, safe, vault or other receptacle     nected income for the taxable year pursuant 
sult in a profit or a loss.                         rented for the purpose, or if pledged as       to clause (iii) of the opening paragraph of Ad-
                                                    collateral security, or if deposited with      ministrative Code §11-652(8) is not subject to 
Under the Business Corporation Tax applica-         one or more banks or trust companies, or       the Business Corporation Tax for that taxable 
ble to federal C Corporations for tax years         brokers who are members of a recog-            year. For purposes of the Business Corpora-
beginning on or after January 1, 2015, a cor-       nized security exchange, in safekeeping        tion Tax, an alien corporation is defined as a 
poration is doing business in the city if:          or custody accounts;                           corporation organized under the laws of a 
                                                                                                   country, or any political subdivision thereof, 
(1) it has issued credit cards to one thousand  c) the taking of any action by any such bank       other than the United States, or organized 
   or more customers who have a mailing             or trust company or broker which is in-        under the laws of a possession, territory or 
   address within the city as of the last day       cidental to the rendering of safekeeping       commonwealth of the United States.  See Ad-
   of its taxable year;                             or custodial service to the corporation;       ministrative Code Section 11-653(2-a). 
                                                                                                    
(2) it has merchant customer contracts with     d) the maintenance of an office in the City        NOTE:  For additional guidance concerning 
   merchants and the total number of loca-          by one or more officers or directors of        what activities constitute "doing business," 
   tions covered by those contracts equals          the corporation who are not employees          "employing capital," "owning or leasing 
   one thousand or more locations in the city       of the corporation as long as the corpo-       property," and "maintaining an office" in 
   to whom the corporation remitted pay-            ration is not otherwise doing business or      New York City, see Sections 11-03 and 11-
   ments for credit card transactions during        employing capital in the City and does         06 of Title 19 of the Rules of the City of New 
   the taxable year; or                             not own or lease property in the City;         York.  For additional information concerning 
                                                                                                   corporations not subject to tax, see Section 
(3) the sum of the number of customers de-      e) the keeping of books or records of a cor-       11-04 of those rules and Administrative Code 
   scribed in item #1  plus the number of lo-       poration in the City if the books or           Sections 11-603 and 11-653. 
   cations covered by its contracts described       records are not kept by employees of the        
   in item #2 equals one thousand or more.          corporation and the corporation is not         REFUNDS:  If a corporation has previously 
                                                    otherwise doing business or employing          paid tax or made estimated tax payments for 
For purpose of these provisions, the term           capital in the City and does not own or        the taxable year and is filing this form dis-
“credit card” includes bank, credit, travel and     lease property in the City; or                 claiming liability for those taxes, the corpo-
entertainment cards. See Administrative Code                                                       ration should file a refund claim and attach 
Section 11-653(1)(c).                           f) any combination of the foregoing activities.    this form to that claim.
                                                 
The term “employing capital” includes any           In addition, a corporation will not be sub-
of a large variety of uses, which may overlap       ject to the General Corporation Tax or 
other categories and give rise to taxable sta-      Business Corporation Tax if its sole con-
tus. In general, the use of  assets instrumen-      nection with New York City is: 
tal in maintaining or aiding  the corporate      
enterprise or activity in the City will create      (i) the maintenance of a statutory office 
liability.  Employing capital includes activi-       at the address of its registered agent 
ties such as:                                        or the maintenance of a mailing ad-
                                                     dress; or  
a) maintaining stockpiles of raw materials           
   or inventories; and                              (ii) the  mere ownership of shares of 
                                                     stock of corporations doing business 
b) maintaining securities in the City for            in the City. 
   trading purposes.                                 
                                                Under  Administrative Code Section 11-
Under Sections 11-603.2 and 11-653(2) of        653(2-a), an alien corporation is not consid-
the Administrative Code, a corporation is not   ered to be doing business, etc. in the City if 
considered to be doing business, employing      its activities in the City are limited solely to 
capital, owning or leasing property, or main-   investing or trading in stocks, securities or

PDF file checksum: 642565339

(Plugin #1/9.12/13.0)