CLAIM FOR CREDIT APPLIED TO 2022 -114.6 UNINCORPORATED BUSINESS TAX ATTACH TO FORM NYC-202, NYC-202EIN OR NYC-204 Use this form to claim: USE FORM NYC-114.5 IF YOU ARE FILING A. the Real Estate Tax Escalation Credit A CLAIM FOR EITHER A SALES AND COM- B. the Employment Opportunity Relocation Costs Credit PENSATING USE TAX CREDIT OR A RELO- CATION AND EMPLOYMENT ASSISTANCE C. the Industrial Business Zone Credit. PROGRAM (REAP) CREDIT. Print or Type t For CALENDAR YEAR 2022 or FISCAL YEAR beginning ______________________ 2022 and ending ___________________________ Name as shown on Form NYC-202, NYC-202EIN or NYC-204: Former address t PARTNERSHIPS, ESTATES AND TRUSTS ONLY, ENTER EMPLOYER IDENTIFICATION NUMBER Date moved into New York City: mm/dd/yy SOCIAL SECURITY NUMBER Inception date of lease: mm/dd/yy UNINCORPORATED BUSINESS TAX YEAR FOR WHICH CLAIM IS MADE . YEAR ENDED : TYPE OF BUSINESS:(4) n COMMERCIAL n INDUSTRIAL n RETAIL TYPE OF RETURN FILED : (4 ) n NYC- 202 n NYC-202EIN n NYC-204 PRINCIPAL BUSINESS ACTIVITY : PART I Computation of credit 1. Real estate tax escalation credit (Section 11-503 (e)) (from page 2, Schedule A, line 7) ..... 1. 2. Employment opportunity relocation costs credit or IBZ Credit (Section 11-503 (f) and 11-503(n)) (from page 3, Schedule B, line 6 or page 4, Schedule C, line 10, )..................... 2. 3. TOTAL CREDITS CLAIMED (add lines 1 and 2) (include on Form NYC-202 or NYC-202EIN, Schedule A, line 20b or Form NYC-204, Schedule A, line 22b, whichever is applicable) .................... 3. The modifications in PART II below must be included in the New York City Unincorporated Business Tax Return (NYC-202, NYC-202EIN or NYC-204) for the tax year covered by this claim for credit. If the Unincorporated Business Tax Return has been filed without these modifications, an amended return must be submitted with this claim form. PART II Modifications increasing federal gross income 4. Real estate tax escalation excluded or deducted (line 1 above) (enter on Form NYC-202 or NYC-202EIN, Schedule B, part 2, lineor10a Form NYC-204, Schedule B, line........................... 14a) 4. 5. Employment opportunity relocation costs and IBZ relocation costs excluded or deducted (line 2 above) (enter on Form NYC-202 or NYC-202EIN, Schedule B, part 2, line 10a or Form NYC-204, Schedule B, part 2, line 14a) ............................................................ 5. INSTRUCTIONS FOR PARTS I AND II Form NYC-114.6 must be attached to and submitted with the PART II Unincorporated Business Tax Return (Form NYC-202 or NYC- Taxpayers claiming these credits must make certain modifications in comput- 202EIN) or Partnership Tax Return (Form NYC-204) in order to ing unincorporated business gross income. The amounts of the various credit claim the credits described in Schedules A, B and C. items claimed must be added to the gross income if an exclusion or deduction PART I for the credit item was taken in computing federal taxable income. (See Enter the amounts of the credits claimed in Schedules A, B and C on the appro- Administrative Code Section 11-506(b), paragraphs (6) and (7) and Section priate lines (lines 1 and 2) of part I. The total credit amount claimed (line 3) 11-503(n)(6).) is to be included on Form NYC-202 or NYC-202EIN, Schedule A, line 20b, Enter the required modifications at lines 4 and 5 of part II, and on Form NYC- or Form NYC-204, Schedule A, line 22b, whichever is applicable. 202 or NYC-202EIN, Schedule B, part 2, line 10a or on Form NYC-204, Schedule B, part 2, line 14a, whichever is applicable. NYC - 114.6 2022 |
Form NYC-114.6 - 2022 Page 2 SCHEDULE A Real estate tax escalation credit (Administrative Code Section 11-503(e)) The real estate tax escalation credit may be claimed only if the taxpayer's eligibility to receive the credit has been approved and certified by the Industrial and Commercial Incentive Board. No credit will be allowed unless a copy of the Certificate of Eligibility issued by the Industrial and Commercial Incentive Board is attached to Schedule A. A. General information 1. Number of industrial employment opportunities relocated to New York City....................................................... 1. 2. Number of commercial employment opportunities relocated to New York City................................................... 2. 3. TOTAL................................................................................................................................................................... 3. B. Computation of real estate tax escalation credit (see instructions) 1. Current rent information - For the period covered by this report, COLUMN A COLUMN B COLUMN C enter the following amounts if payment is required under lease: a. Basic rent paid or required to be paid to landlord for premises .................................1a. b. Real estate tax payments attributable to premises ...................................................1b. c. Fuel adjustment expense paid to landlord (enter in columns A and B) ................................................... 1c. d. Maintenance expense paid to landlord (enter in columns A and B) .................................................... 1d. e. Other amounts paid to landlord (enter in columns A and B) .................................................... 1e. 2. Initial rent information - Compute amounts as if the specified rent items below were paid for same number of months as covered COLUMN A COLUMN B COLUMN C by this report (see instructions) a. Original basic rent (see instructions) .................................. 2a. b. Original payments required for real estate taxes attributable to premises (see instructions) .......................... 2b. 3. Increase in basic rent (line 1a less line 2a) ........................ 3. 4. TOTAL column B. Add lines 1a through 1e. (enter total in columns B and C)............................................................................... 4. 5. TOTAL column A. Add lines 1c through 3. (enter total in columns A and C) ......................................... 5. 6. Line 4 less line 5................................................................................................................................................... 6. 7. Enter amount claimed as real estate tax escalation credit (payment actually made during period covered by this report attributable to an increase or addition to the real estate taxes imposed on leased premises). This should be the same as amount entered on line 6 (if not, explain on rider) - (enter on page 1, parts I and II, lines 1 and 4) ............................................................................................................................................ 7. INSTRUCTIONS FOR SCHEDULE A A taxpayer subject to the Unincorporated Business Tax that has relocated to If more than one premises is included in the computation of the credit, attach leased premises in New York City from a location outside New York State and a separate rider in the form of Schedule A for each such premises, and enter has created at least 100 industrial or commercial employment opportunities in the sum of the amounts shown on such separate riders on Schedule A. the City is allowed a credit against the Unincorporated Business Tax for the amount of any additional lease payments actually made to the taxpayer's land- PART B, LINE 2a lord that are based solely and directly upon increased real estate taxes imposed Since the real estate tax escalation credit is the amount of the increased pay- upon the relocation premises. To the extent this credit exceeds the taxpayer’s ments actually made that are solely and directly attributable to an increase or UBT liability calculated without this credit, it shall be refunded without inter- addition to the real estate taxes imposed upon the leased premises, the basic est. Before a taxpayer can claim the credit, the taxpayer's eligibility must be rent originally to be paid under the lease for the premises must be determined. approved and certified by the Industrial and Commercial Incentive Board. The It should be computed as an amount due for one month notwithstanding the credit can be claimed annually for the length of the lease term, or for a period manner in which it is expressed in the lease for the premises. The basic month- not to exceed ten years from the date of relocation, whichever period is short- ly rent as thus determined must then be multiplied by the number of months er. in the taxable period covered by this report so that the period covered by this report may be compared to a comparable period based upon the basic rent "Employment opportunity" means the creation of a full-time position (not originally required to be paid. less than 30 hours per week of gainful employment) for an industrial employ- ee (one engaged in the manufacturing or assembling of tangible goods or the PART B, LINE 2b processing of raw materials) or commercial employee (one engaged in the If, beginning with the inception of the term, the lease for the premises requires buying, selling or otherwise providing of goods or services other than on a that an amount separate from the basic rent must be paid for real estate taxes retail basis directly to the ultimate user or consumer) and the actual hiring of attributable to the premises, you must enter on line 2b an amount to be deter- such employee for that position. mined by computing the amount that would be due per month, if such required payment were figured on a monthly basis and multiplying such amount by the "Basic rent" means the rent provided for under a written lease for the use or number of months in the period covered by this report. occupancy of premises, excluding separately stated amounts required to be paid under the lease for such items as real estate taxes, maintenance expenses or fuel adjustments. |
Form NYC-114.6 - 2022 Page 3 SCHEDULE B Employment opportunity relocation costs credit (Administrative Code Section 11-503(f)) If the taxpayer did not both relocate from outside New York State and create a minimum of ten (10) industrial or commercial employment opportunities in New York City, do not complete Schedule B and make no entry on page 1, parts I and II, lines 2 and 5 respectively. 1. Number of industrial employment opportunities ___________________ x $500.00 relocated to New York City Number 1. 2. Number of commercial employment opportunities ___________________ x $300.00 relocated to New York City Number 2. 3. TOTAL ........................................................................................................................................ 3. 4. Employment opportunity relocation costs incurred by the taxpayer in the relocation of the taxpayer from outside the State of New York into the City of New York (Section 11-503 (f)(1)(B)) t a. Cost of moving furniture, files, papers and office equipment ......................................................... 4a. b. Cost of moving and installing machinery and equipment ............................................................... 4b. c. Cost of installing telephones and other communication equipment required as a result of relocation .................................................................................................................. 4c. d. Cost incurred in purchasing office furniture and fixtures required as a result of relocation 4d. e. Cost of renovating the premises to be occupied as a result of the relocation, allowable only to the extent that it does not exceed seventy-five cents (75¢) per square foot ..................... 4e. 5. TOTAL (lines 4a through 4e) ................................................................................................................ 5. 6. Enter line 3 or line 5, whichever is less. Enter on page 1, parts I and II, lines 2 and 5 ...................... 6. INSTRUCTIONS FOR SCHEDULE B Effective August 30, 2005, taxpayers relocating to premises within an b) the costs incurred by the taxpayer in moving and installing Industrial Business Zone established pursuant to section 22-626 of the machinery and equipment into the City from a location outside the Administrative Code for which a binding contract to purchase or lease State; was entered into by the taxpayer after June 30, 2005 MAY NOT take the relocation credit provided on this schedule for industrial employment c) the costs of installing telephones and other communication equip- opportunities but are entitled to a new one time credit for tax years ment required as a result of the relocation to the City from a loca- beginning after December 30, 2005. See Administrative Code §§11-503(f) tion outside the State; and 11-503(n) as added by Chapter 635 of the Laws of 2005 and Schedule C below. d) the cost incurred in the purchase of office furniture and fixtures required as a result of the relocation to the City from a location out- Taxpayers subject to the Unincorporated Business Tax are allowed a credit side the State; and against the tax for certain costs incurred in relocating commercial or industri- al employment opportunities to New York City from an area outside the State e) the cost of renovation of the premises to be occupied as a result of of New York. To the extent this credit exceeds the taxpayer’s UBT liability the relocation, provided, however, that such renovation costs shall calculated without this credit, it shall be refunded without interest. In order to be allowable only to the extent that they do not exceed seventy- be eligible for this credit, a taxpayer must relocate to the City a minimum of five cents per square foot of the total area utilized by the taxpayer ten such employment opportunities. The relocation costs for which the cred- in the occupied premises. it may be claimed are those incurred during the tax year in connection with employment opportunities relocated to the City during the tax year. OTHER DEFINITIONS The allowable credit is based upon "employment opportunity relocation a) "Employment opportunity" means the creation of a full-time posi- costs" incurred by the taxpayer during its taxable year, but may not exceed a tion of gainful employment for an industrial or commercial maximum of: employee and the actual hiring of such employee for the position. a) $300 for each commercial employment opportunity; and b) "Industrial employee" means one engaged in the manufacturing or b) $500 for each industrial employment opportunity, assembling of tangible goods or the processing of raw materials. relocated to the City from an area outside the State. c) "Commercial employee" means one engaged in the buying, selling The relocation costs credit may be taken by the taxpayer in whole or in part or otherwise providing of goods or services other than on a retail in the year in which the employment opportunities are relocated by such tax- basis. payer or in either of the two years succeeding such event. d) "Retail" means the selling or otherwise disposing of tangible goods For purposes of the credit, "employment opportunity relocation costs" directly to the ultimate user or consumer. means: e) "Full-time position" means a position of gainful employment a) the costs incurred by the taxpayer in moving furniture, files, papers where the number of hours worked by the employee is not less than and office equipment into the City from a location outside the 30 hours during any given work week. 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Form NYC-114.6 - 2022 Page 4 SCHEDULE C Industrial Business Zone Credit (Administrative Code Section 11-503(n)) 1. Location(s) of business operations continuously during the 24 months immediately preceding relocation PROPERTY LOCATION Street Address City & State Zip Code 2. Date of relocation ___________________________ 3. Address of business operations in the Industrial Business Zone PROPERTY LOCATION Street Address City & State Zip Code 4. Description of Business: _________________________________________________________________________________ 5. Number of employees working at least 35 hours per week________________X $1,000 = ........................................................ 5._____________________ 6. Number of employees working at least 15 hours but less than 35 hours per week _________ X1/2 =________ $1,000X (see instr.) .6._____________________ 7. Total of lines 5 and 6............................................................................................................................................ 7. _________________ 8. Relocation costs incurred by the taxpayer (see instructions): a. cost of moving furniture, files, papers and office equipment .......................................................................................................8a._____________________ b. cost of moving and installing machinery and equipment.............................................................................................................8b._____________________ c. cost of installing telephones and other communication equipment required as a result of relocation ........................................8c._____________________ d. Cost of floor preparation ..............................................................................................................................................................8d._____________________ e. Other (description and cost --attach rider if needed): _________________________________________________________________________________________________ 8e._____________________ _________________________________________________________________________________________________ 8e._____________________ 9. Total (lines 8a-8e) ..............................................................................................................................................................................9._____________________ 10. Lesser of line 7 and 9 or $100,000. Enter on page 1, parts I and II lines 2 and 5. ......................................................................10._____________________ INSTRUCTIONS FOR SCHEDULE C For taxable years beginning on or after January 1, 2006, an eligible business that first enters gible business, including at least one location at which such business conducts substantial into a binding contract on or after July 1, 2005 to purchase or lease eligible premises to business operations and engages primarily in industrial and manufacturing activities. For which it relocates is allowed the industrial business zone tax (“IBZ”) credit, a one-time cred- purposes of determining the “date of relocation”, enter the earlier of (1) the date of the com- it to be credited against its UBT liability or refunded without interest to the extent it exceeds pletion of the relocation to the eligible premises, or (2) ninety days from the commencement the taxpayer’s UBT liability calculated without that credit. The amount of the credit is of the relocation to the eligible premises. $1,000 per full-time employee, provided that the amount of the credit may not exceed the lesser of the actual relocation costs or $100,000. See Ad. Code § 11-503(n), as added by Lines 5 and 6 Chapter 635 of the Laws of 2005. The amount of the credit is calculated based on the number of “full-time employees.” “Full- time employee” means (1) one person gainfully employed in an eligible premises by an eli- For purposes of this credit, the following definitions apply: gible business where the number of hours required to be worked by such person is not less than 35 hours per week; or (2) two persons gainfully employed in an eligible premises by 1. “eligible business” means any business subject to UBT that (1) has been conducting sub- an eligible business where the number of hours required to be worked by each such person stantial business operations and engaging primarily in industrial and manufacturing activities is more than fifteen hours per week but less than 35 hours per week. The number of full- at one or more locations within the City or outside New York State continuously during the time employees for purpose of completing lines 5 and 6 is the average number of full-time 24 consecutive full months immediately preceding relocation, (2) has leased the premises from employees, calculated on a weekly basis, employed in the eligible premises by the eligible which it relocates continuously during the 24 consecutive full months immediately preceding business in the fifty-two week period immediately following the earlier of (1) the date of the relocation, (3) first enters into a binding contract on or after July 1, 2005 to purchase or lease completion of the relocation to eligible premises or (2) ninety days from the commencement eligible premises to which the business will relocate, (4) will be engaged primarily in indus- of the relocation to the eligible premises. This credit must be taken in the taxable year in trial and manufacturing activities at the eligible premises, and (5) does not receive benefits which such fifty-two week period ends. under the REAP or Lower Manhattan REAP Program or through a grant program adminis- tered by the Business Relocation Assistance Corporation or through the New York City Line 5 Printers Relocation Fund grant. Enter the average number of employees working not less than 35 hours per week. 2. “eligible premises” means premises located entirely within an industrial business zone. Line 6 For any eligible business, an industrial business zone credit will not be granted with Enter the average number of employees working more than 15 hours but less than 35 hours respect to more than one eligible premises. per week. If after multiplying by 1/2, the number is not a whole number, round down to the 3. “industrial business zone” means an area within New York City established pursuant whole number. to section 22-626 of the Administrative Code. Line 8 4. “industrial and manufacturing activities” means activities involving the assembly of goods to cre- “Relocation costs” means costs incurred in the relocation of the furniture, fixtures, equipment, ate a different article, or the processing, fabrication , or packaging of goods. Industrial and manufac- machinery and supplies, including, but not limited to, the cost of dismantling and reassembling turing activities shall not include waste management or utility services. equipment and the cost of floor preparation necessary for the reassembly of the equipment. Relocation costs include only such costs that are incurred during the ninety-day period imme- SPECIFIC LINE INSTRUCTIONS: diately following the commencement of the relocation to an eligible premises. Relocation costs do not include costs for structural or capital improvements or items purchased in con- Line 2: “relocation” means the physical relocation of furniture, fixtures, equipment, nection with the relocation. machinery and supplies directly to an eligible premises, from one or more locations of an eli- PRIVACY ACT NOTIFICATION - The Federal Privacy Act of 1974, as amended, requires agencies requesting Social Security Numbers to inform individuals from whom they seek this information as to whether compliance with the request is voluntary or mandatory, why the request is being made and how the information will be used. The disclosure of Social Security Numbers for taxpayers is mandatory and is required by section 11-102.1 of the Administrative Code of the City of New York. Such numbers disclosed on any report or return are requested for tax administration purposes and will be used to facilitate the processing of tax returns and to establish and maintain a uniform system for identifying taxpayers who are or may be subject to taxes administered and collected by the Department of Finance, and, as may be required by law, or when the taxpayer gives written authorization to the Department of Finance for another department, person, agency or entity to have access (limited or otherwise) to the information contained in his or her return. |