Instructions for Form NYC-4S General Corporation Tax Return For fiscal years beginning in 2022 or for calendar year 2022 IMPORTANT INFORMATION REGARDING THE FILING OF NYC CORPORATE TAX RETURNS Pursuant to section 11-602.1 of the Administrative Code of the City of New York as enacted by section 3 of Part D of Chapter 60 of the Laws of 2015, for tax- able years beginning on or after January 1, 2015, the General Corporation Tax is only applicable to Subchapter S Corporations and Qualified Subchapter S Subsidiaries. Therefore, only these types of corporations should file this return. All other corporations should file a return on Form NYC-2 or Form NYC-2S or, if included in a combined return, on Form NYC-2A. IMPORTANT INFORMATION CONCERNING FORM NYC-200V AND PAYMENT OF TAX DUE Payments may be made on the NYC Department of Finance website at nyc.gov/eservices, or via check or money order. If paying with check or money order, do not include these payments with your New York City return. Checks and money orders must be accompanied by pay- ment voucher form NYC-200V and sent to the address on the voucher. Form NYC-200V must be postmarked by the return due date to avoid late payment penalties and interest. See form NYC-200V for more information. Highlights of Recent Tax Law Changes ● For tax years beginning on or after January 1, 2021, eligible pass through entities may opt into the New York State Pass Through Entity Tax (“NYS PTET”) imposed under New York Tax Law Article 24-A. For tax years beginning on or after January 1, 2022, eligible New York City pass through enti- ties may opt into the New York City Pass Through Entity Tax (“NYC PTET”) imposed under New York Tax Law Article 24-B. Taxpayers are required to add back to federal taxable income any NYC PTET, NYS PTET, and similar pass through entity taxes from other jurisdictions that were previously deducted when calculating federal taxable income. See Section 11-602(8)(b)(3) of the Administrative Code of the City of New York. Taxpayers may NOT use Form NYC-4S if they are adding back any pass through entity taxes. ● Section 3 of Chapter 555 of the Laws of 2022 added a new subparagraph 16 to section 11-602(8)(a) of the New York City Administrative Code, which excludes from entire net income the amount of any grant received through either the COVID-19 Pandemic Small Business Recovery Grant program pursuant to section 16-ff of the New York State Urban Development Corporation Act or the New York City Small Business Resilience Grant program administered by the New York City Department of Small Business Services to the extent the amount of either such grant is included in federal taxable income. Taxpayers may NOT use Form NYC-4S if they are making this modification when calculating entire net income. ● Note that according to the federal Tax Cuts and Jobs Act of 2017, net operating losses (NOL) generated during or after 2018 generally may no longer be carried back. These losses may be carried forward indefinitely; however each year’s NOL deduction will be limited to 80% of taxable income (with- out regard to the deduction). GENERAL INFORMATION associations taxable as corporations for federal received in the regular course of business. income tax purposes pursuant to the federal NOTE: This form may be used by federal “check-the-box” rules under IRC §7701(a)(3) are CORPORATIONS THAT MAY FILE FORM Subchapter S Corporations and Qualified treated as corporations for City tax purposes and NYC-4S Subchapter S Subsidiaries only. If any instruc- are not subject to the Unincorporated Business Corporations (as defined in Section 11-602.1 of tions appear to apply to C Corporations, they Tax. Eligible entities having a single owner disre- the New York City Administrative Code) doing should be read to apply only to S corps and quali- garded as a separate entity under the “check-the- business, employing capital, or owning or leasing fied S subsidiaries. box” rules and treated as either a sole proprietor- property in a corporate or organized capacity, or ship or a branch for federal tax purposes will be maintaining an office in New York City must file S CORPORATIONS similarly treated for City tax purposes. See a General Corporation Tax return. Corporations An S Corporation is subject to the General Finance Memorandum 99-1 for additional infor- not required to file Form NYC-3L may file Form Corporation Tax and must file Form 4S-EZ, if it is mation. NYC-4S or Form NYC-4S-EZ. eligible to use that form, or Form NYC-4S or Form NYC-3L, whichever is applicable. Under FORM FOR TAXPAYERS CLAIMING A CORPORATIONS REQUIRED TO FILE certain limited circumstances, an S Corporation NET OPERATING LOSS DEDUCTION FORM NYC-3L may be permitted or required to file a combined Taxpayers claiming a deduction for a Net A corporation must file Form NYC-3L and not return (Form NYC-3A). See, e.g., Finance Operating Loss must complete Form NYC- Form NYC-4S or Form NYC-4S-EZ if: Memorandum 99-3 for information regarding the NOLD-GCT, Net Operating Loss Computation treatment of qualified subchapter S subsidiaries. and include it with their GCT filing. For more 1) for taxable years beginning after 6/30/96 it information see Form NYC-NOLD-GCT. carries on business both inside and outside The income, gains, losses, deductions and capital New York City; of a qualified subchapter S subsidiary may not be FIXED DOLLAR MINIMUM TAX BASED included in the report of the parent S Corporation. ON RECEIPTS 2) it has subsidiary and/or investment capital; A QSSS must file a separate report if it is subject For tax years beginning after 2008, there is a slid- to tax. ing scale fixed dollar minimum tax based on 3) it claims an optional deduction for expendi- receipts allocated to New York City. The amount tures relating to air pollution control facili- Federal S corporation taxpayers must complete of City receipts for this purpose is the same as the ties, as provided in Section 11-602.8(g) of the form NYC-ATT-S-CORP, Calculation of amount used for determining the taxpayer’s busi- the Ad. Code; Federal Taxable Income for S Corporations ness allocation percentage. See Ch. 201, § 17, of and include it with their GCT filing. For more the Laws of 2009. For taxpayers who use Form 4) it claims a modification with respect to gain information see Form NYC-ATT-S-CORP. NYC-4S or NYC-4S-EZ, and, accordingly, allo- arising on the sale of certain property, as pro- cate 100 percent of their income to the City, the vided in Section 11-602.8(h) of the Ad. CORPORATION DEFINED amount of receipts used for this purpose is the Code; Unincorporated entities electing to be treated as total amount of all receipts the taxpayer has |
Instructions for Form NYC-4S - 2022 Page 2 5) it entered into a “safe harbor” lease transac- 19) For New York City purposes, it is required to on the income therefrom.) tion under provisions of Section 168(f)(8) of modify federal taxable income with respect the Internal Revenue Code as it was in effect to amounts invested in Qualified i) Corporations principally engaged in the con- for agreements entered into prior to January Opportunity Funds under IRC section duct of a ferry business and operating 1, 1984; 1400Z-2. See Ad. Code sections 11- between any of the boroughs of the City 602(8)(a)(15) and 11-602(8)(b)(22). under a lease granted by the City 6) it claims a credit for increased real estate tax payments made to a landlord in connection 20) it excludes from entire net income the j) A corporation principally engaged in the con- with the relocation of employment opportu- amount of any grant received through either duct of an aviation, steamboat, ferry or navi- nities to New York City, as provided in the COVID-19 Pandemic Small Business gation business, or two or more such busi- Section 11-604.13 of the Ad. Code; Recovery Grant program or the New York nesses, provided that all of the capital stock City Small Business Resilience Grant pro- of such corporation is owned by a municipal 7) it claims a credit for certain costs or expens- gram to the extent the amount of either such corporation of New York es incurred in relocating employment oppor- grant is included in federal taxable income; tunities to New York City, as provided in or k) Bank holding corporations filing on a com- Section 11-604.14, 11-604.17, 11-604.17-b bined basis in accordance with Section 11- or 11-604.19 of the Ad. Code. See 21) it is required to add back any pass through 646(f) of the Ad. Code Instructions to Forms NYC-9.5, NYC-9.6 entity taxes when calculating entire net and NYC-9.8; income. l) Corporations principally engaged in the oper- ation of marine vessels whose activities in the 8) it claims a modification with respect to The following are NOT required to file a City are limited exclusively to the use of wages and salaries disallowed as a deduction General Corporation Tax Return: property in interstate or foreign commerce for federal income tax purposes (work incen- tive/jobs credit provisions), as provided in a) A dormant corporation that did not at any m) Foreign corporations that are exempt under Section 11-602.8(a)(7) of the Ad. Code; time during its taxable year engage in any the provisions of Public Law 86-272 (See 19 RCNY Section 11-04 (b)(11).) 9) either separately or as a member of a part- activity or hold title to real property located nership, it is engaged in an insurance busi- in New York City NOTE: ness as a member of the New York Insurance b) A nonstock corporation, organized and oper- Exchange; ated exclusively for nonprofit purposes and A corporation that has an officer, employee, agent or representative in the City and that is not subject not engaged in substantial commercial activ- 10) it is a Domestic International Sales Corporation to the General Corporation Tax is not required to ities, that has been granted an exemption by (DISC) or a Foreign Sales Corporation; file a Form NYC-3L, NYC-4S or NYC-4S-EZ but the New York City Department of Finance 11) it claims a credit for New York City must file a Form NYC-245 (Section 11-605 of the Unincorporated Business Tax paid by a part- c) Corporations subject to taxation under Part 4 Ad. Code). nership in which it is a partner as provided in of Subchapter 3 of Chapter 6, Title 11 WHEN AND WHERE TO FILE Section 11-604.18 of the Ad. Code; (Banking Corporations) or under Chapter 11, The due date for filing is on or before March 15, Title 11 (Utility Corporations) of the Ad. 2023, or, for fiscal year taxpayers, on the 15th day 12) it will be included in a combined report, Code are not required to file General of the third month following the close of the fiscal Form NYC-3A; Corporation Tax returns. However, corpora- year. tions that are subject to tax under Chapter 11 13) it is required by Ad. Code section 11-602.8(n) as vendors of utility services are subject to All returns, except refund returns: to add back royalty payments made to related mem- the General Corporation Tax in accordance bers; with Section 11-603.4 of the Ad. Code and NYC Department of Finance must file a return. P.O. Box 5564 14) it claims the Beer Production Credit avail- Binghamton, NY 13902-5564 able under Ad. Code §11-604(22); d) A limited profit housing corporation organ- ized and operating pursuant to the provisions Remittances - Pay online with Form NYC-200V 15) any portion of its business interest expense of Article Two of the Private Housing at nyc.gov/eservices, or Mail payment and Form deduction would have been disallowed Finance Law NYC-200V only to: under IRC section 163(j) if it had not made an election under Subchapter S of the IRC; e) Insurance corporations NYC Department of Finance P.O. Box 3933 16) for federal purposes, it reports income under f) A Housing Development Fund Company New York, NY 10008-3933 IRC §§951A or 965; (HDFC) organized and operating pursuant to 17) it would have been eligible for a deduction the provisions of Article 11 of the Private Returns claiming refunds: pursuant to IRC section 250(a)(1)(A), i.e., Housing Finance Law NYC Department of Finance FDII, if it had not made an election under P.O. Box 5563 g) Organizations organized exclusively for the Subchapter S of the IRC; Binghamton, NY 13902-5563 purpose of holding title to property as 18) it claims a modification with respect to described in Sections 501(c)(2) or (25) of the amounts excluded from the definition of Internal Revenue Code Certain short-period returns: If this is NOT a “contribution to the capital of the taxpayer” final return and your federal return covered a peri- under IRC 118(b)(2), as provided in section h) An entity treated as a Real Estate Mortgage od of less than 12 months as a result of your join- 11-602.8(a)(14) of the NYC Administrative Investment Conduit (REMIC) for federal ing or leaving a federal consolidated group or as a Code; or income tax purposes. (Holders of interest in result of a federal IRC §338 election, this return a REMIC remain taxable on such interest or generally will be due on the due date for the fed- |
Instructions for Form NYC-4S - 2022 Page 3 eral return and not on the date noted above. Check base made by the Internal Revenue Service and /or U.S. Internal Revenue Service and/or New York the box on the front of the return. New York State Department of Taxation and State Department of Taxation and Finance is used Finance for taxable years beginning prior to for reporting adjustments in taxable income result- FEDERAL OR NEW YORK STATE January 1, 2015, the Form NYC-3360 should still ing from an audit of your federal corporate tax CHANGES be used. return and/or State audit of your State corporate For taxable years beginning on or after January 1, tax return for taxable years beginning prior to 2015, changes in taxable income or other tax base ACCESSING NYC TAX FORMS January 1, 2015 only. made by the Internal Revenue Service (“IRS”) and By Computer - Download forms from the Finance /or New York State Department of Taxation and website at nyc.gov/finance FORM NYC-CR-A - Commercial Rent Tax Finance (“DTF”) will no longer be reported on Annual Return must be filed by every tenant that form NYC-3360. Instead, taxpayers must report By Phone - Order forms by calling 311. If calling rents premises for business purposes in Manhattan these federal or state changes to taxable income or from outside of the five NYC boroughs, please south of the center line of 96th Street and whose other tax base by filing an amended return. This call 212-NEW-YORK (212-639-9675). annual or annualized gross rent for any premises amended return must include the DOF tax work- is at least $200,000. sheet that identifies each change to the tax base OTHER FORMS YOU MAY BE (“Tax Base Change”) and shows how each such REQUIRED TO FILE FORM NYC-RPT - Real Property Transfer Tax Tax Base Change affects the taxpayer’s calcula- FORM NYC-EXT - Application for Automatic 6- Return must be filed when the corporation tion of its New York City tax. Templates for the month Extension of Time to File Business Income acquires or disposes of an interest in real property, tax worksheets are available on the DOF website Tax Return. File it on or before the due date of the including a leasehold interest; when there is a par- at nyc.gov/finance. This amended return must return. tial or complete liquidation of the corporation that also include a copy of the IRS and/or DTF final owns or leases real property; or when there is determination, waiver, or notice of carryback FORM NYC-EXT.1 - Application for Additional transfer of a controlling economic interest in a allowance. Taxpayers that have federal and state Extension is a request for an additional three corporation, partnership or trust that owns or leas- Tax Base Changes for the same tax period may months of time to file a return. A corporation with es real property. report these changes on the same amended return a valid six-month extension is limited to two addi- that includes separate tax worksheets for the IRS tional extensions. FORM NYC-ATT-S-CORP - Calculation of fed- Tax Base Changes and the DTF Tax Base eral Taxable Income for S Corporations must be Changes. Note that for taxable years beginning on FORM NYC-222 - Underpayment of Estimated included in the GCT filing of every federal S or after January 1, 2015, DTF Tax Base Changes Tax by Corporations will help a corporation deter- Corporation. may include changes that affect income or capital mine if it has underpaid an estimated tax install- allocation. ment and, if so, compute the penalty due. FORM NYC-NOLD-GCT - Net Operating Loss Computation must be included in the GCT filing The Amended Return checkbox on the return is to FORM NYC-245 - Activities Report of Business of every GCT taxpayer claiming a net operating be used for reporting an IRS or DTF Tax Base and General Corporations must be filed by a cor- loss deduction. Changes, with the appropriate box for the agency poration that has an officer, employee, agent or making the Tax Base Changes also checked. representative in the City, but which disclaims lia- ESTIMATED TAX Taxpayers must file an amended return for Tax bility for the General Corporation Tax. If the tax for the period following that covered by Base Changes within 90 days (120 days for tax- this return is expected to exceed $1,000, a decla- payers filing a combined report) after (i) a final FORM NYC-399 - Schedule of New York City ration of estimated tax and installment payments determination on the part of the IRS or DTF, (ii) Depreciation Adjustments is used to compute the are required. Form NYC-400 is to be used for this the signing of a waiver under IRC §6312(d) or NY allowable New York City depreciation deduction purpose. If the tax on this return exceeds $1,000, Tax Law §1081(f), or (iii) the IRS’ allowance of a if a federal ACRS or MACRS depreciation deduc- submit Form NYC-400 which is available on the tentative adjustment based on an NOL carryback tion is claimed for certain property placed in serv- Department of Finance’s website. or a net capital loss carryback. ice after December 31, 1980. If, after filing a declaration, your estimated tax If the taxpayer believes that any Tax Base Change FORM NYC-399Z - Depreciation Adjustments substantially increases or decreases as a result of a is erroneous or should not apply to its City tax cal- for Certain Post 9/10/01 Property may have to be change in income, deduction or allocation, you culation, it should not incorporate that Tax Base filed by taxpayers claiming depreciation deduc- must amend your declaration on or before the next Change into its City tax calculation on its amend- tions for certain sport utility vehicles or "qualified date for an installment payment. Mail the amend- ed return. However, the taxpayer must attach: (i) property," other than "qualified New York Liberty ed declaration, using Form NYC-400, along with a statement to its report that explains why it Zone property," "qualified New York Liberty your check to: believes the adjustment is erroneous or inapplica- Zone leasehold improvements" and “qualified ble; (ii) the tax worksheet that identifies each Tax resurgence zone property” placed in service after NYC Department of Finance Base Change and shows how each would affect its September 10, 2001, for federal or New York P.O. Box 3922 City tax calculation; and (iii) a copy of the IRS State tax purposes. See, Finance Memorandum New York, NY 10008-3922 and/or DTF final determination, waiver, or notice 22-1, “Application of IRC §280F Limits to Sport of carryback allowance. Utility Vehicles." If the amendment is made after the 15th day of the 9th month of the taxable year, any increase in tax For more information on federal or state Tax Base FORM NYC-400 - Declaration of Estimated Tax must be paid with the amendment. Changes, including a more expansive explanation by General Corporations must be filed by any cor- of how taxpayers must report these changes as poration whose New York City tax liability can These payments can also be made online at well as sample tax worksheets to be included with- reasonably be expected to exceed $1,000 for any nyc.gov/eservices. in the amended return, see Finance Memorandum calendar or fiscal tax year. 17-5, revised and dated 10/10/2018. For more information regarding estimated tax FORM NYC-3360 - General Corporation Tax payments and due dates, see Form NYC-400 To report changes in taxable income or other tax Report of Change in Taxable Income made by the (Declaration of Estimated Tax). |
Instructions for Form NYC-4S - 2022 Page 4 AUTOMATIC EXTENSIONS Preparer Authorization: If you want to allow replacement period. You must attach federal An automatic extension of six months for filing the Department of Finance to discuss your return forms 4562, 4684 and 4797 to this return. See this return will be allowed if, by the original due with the paid preparer who signed it, you must instructions to Schedule B, lines 4 and 6b. date, the taxpayer files with the Department of check the "Yes" box in the signature area of the Finance an application for automatic extension on return. This authorization applies only to the indi- Special Condition Codes Form NYC-EXT and pays the amount properly vidual whose signature appears in the "Preparer's Check the Finance website for applicable special estimated as its tax. See the instructions for Form Use Only" section of your return. It does not condition codes. If applicable, enter the two char- NYC-EXT for information regarding what consti- apply to the firm, if any, shown in that section. By acter code in the box provided on the form. tutes a proper estimated tax for this purpose. checking the "Yes" box, you are authorizing the Failure to pay a properly estimated amount will Department of Finance to call the preparer to SCHEDULE A result in a denial of the extension. answer any questions that may arise during the Computation of Tax processing of your return. Also, you are authoriz- A taxpayer with a valid six-month automatic ing the preparer to: LINES 2a AND 2b - TAX ON TOTAL CAPITAL extension filed on Form NYC-EXT may request Enter the amount from Schedule C, line 7 in the up to two additional three-month extensions by fil- l Give the Department any information missing left-hand column of line 2a or 2b. Multiply by the ing Form NYC-EXT.1 .A separate Form NYC- from your return, applicable percentage and enter the tax in the EXT.1 must be filed for each additional three- right-hand column. If the tax amount exceeds month extension. l Call the Department for information about the $1,000,000, enter $1,000,000. processing of your return or the status of your PENALTY FOR UNDERSTATING TAX refund or payment(s), and For cooperative housing corporations as defined in If there is a substantial understatement of tax (i.e., the Internal Revenue Code, the rate of tax on cap- if the amount of the understatement exceeds the l Respond to certain notices that you have ital is 4/10 mill (.04%) instead of 1 1/2 mills greater of 10% of the tax required to be shown on shared with the preparer about math errors, (.15%). For all other corporations subject to tax, the return or $5,000) for any taxable year, a penal- offsets, and return preparation. The notices including housing companies organized and oper- ty will be imposed equal to 10% of the amount of will not be sent to the preparer. ating pursuant to Article Four of the Private the understated tax. The amount on which you pay Housing Finance Law (other than cooperative the penalty can be reduced by subtracting any item You are not authorizing the preparer to receive housing corporations), the rate of tax on capital is for which (1) there is or was substantial authority any refund check, bind you to anything (including 1 1/2 mills (.15%). for the way in which the item was treated on the any additional tax liability), or otherwise represent return, or (2) there is adequate disclosure on the you before the Department. The authorization LINE 3b - ALTERNATIVE TAX return or in a statement attached to the return. cannot be revoked; however, the authorization will Every taxpayer that is eligible to file this form automatically expire no later than the due date must calculate its alternative tax and enter its com- CHANGE OF BUSINESS INFORMATION (without regard to any extensions) for filing next putation on line 3b. To compute the alternative If there have been any changes in your business year's return. Failure to check the box will be tax, measured by entire net income plus compen- name, identification number, billing or mailing deemed a denial of authority. sation, you may use the following worksheet and address or telephone number, complete Form attach the worksheet to the return. Professional DOF-1, Change of Business Information. SPECIFIC INSTRUCTIONS corporations must calculate the alternative tax. FINAL RETURNS Period Covered Alternative Tax Worksheet If a corporation ceases to do business in New York File the 2022 return for calendar year 2022 and Net income/loss City, the due date for filing a final General fiscal years that begin in 2022 and end in 2023. (Schedule A, line 1) 1) $ _____________ Corporation Tax Return is the 15th day after the For a fiscal or short tax year return, fill in the tax date of the cessation (Section 11-605.1 of the year space at the top of the form. The 2022 Form Compensation. See Instr. 2) $ _____________ NYC Administrative Code). Corporations may NYC-4S also can be used if: apply for an automatic six-month extension for fil- Total (line 1 plus line 2) 3) $ _____________ ing a final return by filing Form NYC-EXT on or l You have a tax year of less than 12 months Statutory exclusion. before that date. Any tax due must be paid with that begins and ends in 2023, and See Instr. 4) $ _____________ the final return or the extension, whichever is filed earlier. l The 2023 Form NYC-4S is not available at Net amount the time you are required to file the return. (line 3 minus line 4) 5) $ _____________ SIGNATURE 15% of net amount This report must be signed by an officer author- You must show the 2023 tax year on the 2022 (line 5 x 15%) 6) $ _____________ ized to certify that the statements contained in it Form NYC-4S and take into account any tax law are true. If the taxpayer is a publicly-traded part- changes that are effective for tax years beginning Tax rate 7) 8.85% nership or another unincorporated entity taxed as a after December 31, 2022. Alternative tax corporation, this return must be signed by a person (line 6 x line 7) Transfer duly authorized to act on behalf of the taxpayer. September 11, 2001 Related Tax Benefits amount to page 1, Check the box for 9/11/01 related federal tax ben- Schedule A, line 3b 8) $ _____________ TAX PREPARERS efits on page 1 of this form if, on your federal Worksheet Instructions Anyone who prepares a return for a fee must sign return: (i) you reported bonus depreciation and/or the return as a paid preparer and enter his or her a first year expense deduction under IRC §179 for LINE 2 - COMPENSATION Social Security Number or PTIN. (See Finance "qualified Resurgence Zone property," regardless Include in the alternative tax computation Memorandum 00-1.) Include the company or cor- of whether you are required to file form NYC- 100% of all salaries and compensation, poration name and Employer Identification 399Z, or (ii) you replaced property involuntarily including commissions, paid to stockhold- Number, if applicable. converted as a result of the attacks on the World ers holding more than 5% of the corpora- Trade Center during the five (5) year extended tion’s stock, whether or not they are also |
Instructions for Form NYC-4S - 2022 Page 5 officers, as deducted on the federal return plying the result by 12. Once this annualized d) The total of the additional charges in aand c and reported in Schedule D, line 2. For amount is calculated (do not replace your NYC may not exceed 5% for any one month except taxable years beginning after 6/30/99, no receipts on Line 4 with this annualized amount) as provided for in b. portion of officers’ compensation is added use the table above to determine the fixed dollar back unless the officer is also a more than minimum tax based on the annualized amount. If you claim not to be liable for these additional 5% shareholder. The resulting fixed dollar minimum tax may be charges, attach a statement to your return explain- reduced for short periods as indicated below. ing the delay in filing, payment or both. In determining whether a stockholder owns Enter the reduced amount on line 4 (If applicable). more than 5% of the issued capital stock, LINE 11c - PENALTY FOR include all classes of voting and nonvoting PERIOD REDUCTION UNDERPAYMENT OF ESTIMATED TAX A penalty is imposed for failure to file a declara- stock, issued and outstanding. Not more than 6 months.................................50% tion of estimated tax or for failure to pay the entire LINE 4 More than 6 months (For but not more than 9 months ...........................25% installment payment of estimated tax due. Enter $40,000. (If the return does not cover more information, refer to Form NYC-222, an entire year, the exclusion must be prorat- More than 9 months......................................None Underpayment of Estimated Tax by Corporations.) ed based on the period covered by the If you underpaid your estimated tax, use Form return.) LINE 6b - FIRST INSTALLMENT NYC-222 to compute the penalty. Attach Form PAYMENT NYC-222. If no penalty is due, enter “0” on line LINE 6 Do not use this line if an application for automatic 11c. Pursuant to NYC Administrative Code § 11- extension (NYC-EXT) has been filed. The payment 604(1)(H)(c) as added by Chapter 491 of the of the amount shown at line 6b is required as pay- LINE 15 - TOTAL REMITTANCE DUE Laws of 2007, the amount on Line 5 is mul- ment on account of estimated tax for the 2023 calen- NYC DEPARTMENT OF FINANCE tiplied by 15% for tax years beginning on or dar year, if a calendar year taxpayer, or for the taxable If the amount on line 9 is greater than zero or the after January 1, 2010. year beginning in 2023, if a fiscal year taxpayer. amount on line 13 is less than zero, enter on line 15 the sum of line 9 and the amount, if any, by LINE 4 - MINIMUM TAX LINE 8 - PREPAYMENTS which line 12 exceeds the amount on line 10. If Enter the New York City Gross Receipts and Enter the sum of all estimated tax payments made filing and paying electronically, enter the amount Minimum Tax amount from the following table. for this tax period, the payments made with the of your remittance on Line A. If not paying elec- The amount of New York City receipts for this extension request, if any, and both the carryover tronically, leave Line A blank. purpose is the total amount of all receipts the tax- credit and the first installment recorded on the prior payer has received in the regular course of busi- tax period’s return. This figure should be obtained All remittances must be payable in U.S. dollars ness from such sources as sales of personal prop- from the completed Composition of Prepayments drawn on a U.S. bank. Checks drawn on foreign erty, services performed, rentals of property and Schedule on page 2 of Form NYC-4S. banks will be rejected and returned. Remittance royalties. This receipts amount would be the same must be made payable to the order of: Form NYC-3L, Schedule H, Column A, Line 6 if If the tax is not paid on or before the due date as the amount that would have to be shown on LINE 11a - LATE PAYMENT / INTEREST NYC Department of Finance the taxpayer had filed Form NYC-3L. (determined without regard to any extension of LINE 16 - RENT DEDUCTED time), interest must be paid on the amount of the ON FEDERAL RETURN For taxpayers who use Form NYC-4S, and, underpayment from the due date to the date paid. Enter on this line total rent paid on business prem- accordingly, allocate 100 percent of their income to For information as to the applicable rate of inter- ises located inside New York City and deducted the City, the amount of receipts used for this pur- est, see the Finance website at nyc.gov/finance or on federal return. pose is the total amount of all receipts the taxpay- call 311. If calling from outside of the five NYC er has received in the regular course of business. boroughs, please call 212-NEW-YORK (212-639- SCHEDULE B 9675). Computation of New York City Taxable Income TABLE - FIXED DOLLAR MINIMUM TAX For a corporation with New York City receipts LINE 11b - LATE PAYMENT OR LATE LINE 1 -FEDERAL TAXABLE INCOME FILING/ADDITIONAL CHARGES S Corporations and qualified subchapter S of: a) Alate filing penalty is assessed if you fail to subsidiaries (QSSS) must file as ordinary cor- Not more than $100,000:.................................$25 file this form when due, unless the failure is porations. Federal S Corporation taxpayers More than $100,000 due to reasonable cause. For every month or must complete form NYC-ATT-S-CORP, but not over $250,000: ....................................$75 partial month that this form is late, add to the Calculation of Federal Taxable Income for S More than $250,000 tax (less any payments made on or before the Corporations and include it with their GCT but not over $500,000: ..................................$175 due date) 5%, up to a total of 25%. Form 3L, 4S or 4S-EZ. More than $500,000 b) If this form is filed more than 60 days late, For tax years beginning on or after August 1, but not over $1,000,000: ...............................$500 the above penalty will not be less than the 2002, corporations that are partners in partner- More than $1,000,000 lesser of (1) $100 or (2) 100% of the amount ships that receive at least eighty percent of their but not over $5,000,000: ............................$1,500 required to be shown on the form (less any gross receipts from providing mobile telecom- More than $5,000,000 payments made by the due date or credits munications services must exclude their distribu- claimed on the return). tive share of income, gains, losses and deduc- but not over $25,000,000: ..........................$3,500 tions from any such partnership, including their Over $25,000,000:......................................$5,000 c) A late payment penalty is assessed if you share of separately reported items, from their fail to pay the tax shown on this form by the federal taxable income reported on line 1. SHORT PERIODS - FIXED DOLLAR prescribed filing date, unless the failure is MINIMUM TAX due to reasonable cause. For every month or NOTE: Compute the New York City receipts for short partial month that your payment is late, add The charitable contribution deduction from fed- periods (tax periods of less than 12 months) by to the tax (less any payments made) 1/2%, up eral Form 1120S, Schedule K, line 12a may not dividing the amount of New York receipts by the to a total of 25%. exceed 10% of the sum of lines 1 through 12d number of months in the short period and multi- |
Instructions for Form NYC-4S - 2022 Page 6 (other than line 12a) of Schedule K, subject to Column A. Enter on line 6b the ACRS or September 28, 2017. However, if the passenger any exception provided in the IRC with respect MACRS adjustment from Form NYC-399, automobile was acquired before September 28, to C corporations. Schedule C, line 8, Column B. 2018, the first year additional depreciation is phased down to $6,400 in the case of an automobile LINES 3a AND 3b - STATE AND LOCAL The federal bonus depreciation allowed for "qual- placed in service during 2018 and to $4,800 in the TAXES ified property," as defined in the Job Creation and case of automobile placed in service during 2019. On line 3a, enter the amount deducted on your fed- Worker Assistance Act of 2002, is not allowed for eral return for business taxes paid or accrued to any General Corporation Tax purposes except for The Administrative Code limits the depreciation state, any political subdivision of a state or to the such deductions allowed with respect to "quali- for “qualified property” other than “Qualified District of Columbia if they are on or measured by fied New York liberty zone property," "qualified Resurgence Zone property” and “New York profits or income or include profits or income as a New York liberty zone leasehold improvements" Liberty Zone property” to the deduction that measure of tax, including taxes expressly in lieu of and "qualified property" placed in service in the would have been allowed for such property had any of the foregoing taxes. Include the New York Resurgence Zone (generally the area in the bor- the property been acquired by the taxpayer on State Metropolitan Transportation business tax sur- ough of Manhattan south of Houston Street and September 10, 2001, and therefore, except for charge and the MTA Payroll Tax (New York State north of Canal Street). For City tax purposes, Qualified Resurgence Zone property, as defined in Tax Law, Art. 23). Do not include pass through depreciation deductions for all other "qualified the.Administrative Code and “New York Liberty entity taxes, including the NYS PTET and NYC property" must be calculated as if the property Zone property,” the City has decoupled from the PTET on this line. Taxpayers are required to file was placed in service prior to September 11, federal bonus depreciation provision. Qualified the NYC 3L instead of the NYC 4S if they are 2001. See, Finance Memorandum 02-3 Resurgence Zone property is qualified property required to add back any pass through entity taxes (Revised) "New York City Tax Consequences of described in section 168(k)(2) of the internal rev- when calculating entire net income. Certain Retroactive Federal and New York Tax enue code substantially all of the use of which is Law Changes" for more information. in the Resurgence Zone (which is generally in the On line 3b, enter the amount of New York City borough of Manhattan south of Houston Street and General Corporation Tax and Banking Section 13201(b) of the Tax Cuts and Jobs Act of north of Canal Street), is in the active conduct of a Corporation Tax deducted on your federal return. 2017 (“TCJA”) extended the bonus depreciation trade or business by the taxpayer in such zone, and deduction to cover property placed in service the original use of which in the Resurgence Zone Attach a schedule listing each locality and the before January 1, 2027 (except for aircraft and commences with the taxpayer after September 10, amount of all taxes deducted on your federal long-production period property have to be placed 2001. The Administrative Code also requires return. into service before January 1, 2028.) Previously, appropriate adjustments to the amount of any gain Section 143 of the Protecting Americans from Tax or loss included in entire net income or unincor- LINES 4 AND 6b - DEPRECIATION Hikes Act of 2015, Pub. L. No.114-113, Div Q porated business entire net income upon the dis- The federal depreciation deduction computed (December 18, 2015) (“2015 PATH Act”) had position of any property for which the federal and under the Accelerated Cost Recovery System or extended bonus depreciation so that it was avail- New York City depreciation deductions differ. For Modified Accelerated Cost Recovery System able for property acquired and placed in service further information, see the instructions to Form (IRC Section 168) is not allowed for the follow- during 2015-2019; bonus depreciation was NYC-3L and use Form NYC-399Z for this calcu- ing types of property: extended through 2020 for certain property with a lation. For tax years beginning on or after January l property placed in service in New York State longer production period. Under the 2015 PATH 1, 2004, other than for eligible farmers (for pur- in taxable years beginning before January 1, Act, the bonus depreciation is 50% for property poses of the New York State farmers' school tax 1985 (except recovery property subject to the placed in service during 2015-2017, 40% for prop- credit), the amount allowed as a deduction with provisions of the Internal Revenue Code erty placed in service during 2018, and 30% for respect to a sport utility vehicle that is not a pas- Section 280-F). property placed in service during 2019. senger automobile for purposes of section Pursuant to section 13201(a) of the TCJA, for prop- 280F(d)(5) of the Internal Revenue Code is limit- l property of a taxpayer principally engaged in erty placed in service after September 27, 2017, the ed to the amount allowed under section 280F of the conduct of an aviation, steamboat, ferry, bonus depreciation rate was raised to 100% with the the Internal Revenue Code as if the vehicle were a or navigation business, or two or more such phase-down to begin in 2023. The taxpayer can passenger automobile as defined in that section. businesses which is placed in service in tax- elect to apply a 50% depreciation rate for property For SUVs that are qualified property other than able years beginning after December 31, placed in service in the taxpayer’s first tax year end- qualified Resurgence Zone property and other 1988, and before January 1, 1994. ing after September 27, 2017. The phase-down of than New York Liberty Zone property, the amount the bonus depreciation enacted under the 2015 allowed as a deduction is calculated as of the date ACRS and MACRS may not be allowed for prop- PATH Act is still applicable to property acquired the SUV was actually placed in service and not as erty placed in service outside of New York State before September 28, 2017. Thus, for property of September 10, 2001. Note that for General in taxable years beginning before January 1, 1994 acquired before September 28, 2017 and placed in Corporation Tax purposes: (except property subject to the provisions of service in 2018, the bonus depreciation is 40% and - An SUV cannot qualify as either Qualified Internal Revenue Code Section 280-F). For 30% for property placed in service in 2019 with no Resurgence Zone Property or as New York information regarding depreciation deductions bonus depreciation for property placed in service Liberty Zone property. See Administrative for property placed in service outside New York after 2019. Under the TCJA the first year deprecia- Code section 11-602(8)(o). after 1984 and before 1994, see Finance tion limit increase of $8,000 for passenger automo- Memorandum 99-4 “Depreciation for Property biles under §280(F)(a)(1)(A) is extended to include - An SUV cannot qualify for the additional first Placed in Service Outside New York After 1984 automobiles placed in service on or before year depreciation available under the recent and Before 1994.” December 31, 2026. Prior to that, in order to quali- federal legislation described above. In place of the federal depreciation deduction, a fy for the $8,000 increase in bonus depreciation, the depreciation deduction using pre-ACRS or passenger automobile would had to have been On the disposition of an SUV subject to the limi- MACRS rules (IRC Section 167) is allowed. placed into service on or before December 31, tation, the amount of any gain or loss included in Enter on line 4 the ACRS or MACRS adjustment 2019. This extension of the placed in service dead- income must be adjusted to reflect the limited from Form NYC-399, Schedule C, line 8, line only applies to automobiles acquired on or after deductions allowed for City purposes under this provision. Enter on Schedule B, lines 4 and 6b the |
Instructions for Form NYC-4S - 2022 Page 7 appropriate adjustments from form NYC-399Z. must submit a copy of the federal election. used. If the taxpayer’s usual accounting practice See Finance Memorandum 22-1, “Application of does not permit computation of average value on IRC §280F Limits to Sports Utility Vehicles.” Because an S corporation does not carry over a quarterly or more frequent basis, a semiannual NOLs, it would not have made an election to or annual basis may be used if no distortion of LINE 6a - NET OPERATING LOSS relinquish any or all of its carryback period. average values results. Enter New York City net operating loss carryfor- Therefore, for City tax purposes for losses aris- ward from prior years. A deduction may only be ing in taxable years ending in or after 2002 and With respect to real property owned by the claimed for net operating losses sustained in tax- prior to years beginning after 12/31/17, it was taxpayer and located within New York City, able years during all or part of which the corpo- presumed that, unless the taxpayer S corporation the fair market value is presumed to be not ration was subject to the General Corporation attached a statement to this return indicating that less than the estimated market value of the Tax. New York City allows net operating losses the taxpayer intended to carry back a net operat- property on the Final Assessment Roll of the to be used in the same manner as provided by ing loss reported on this return, the taxpayer was City for the period covered by the return or Section 172 of the Internal Revenue Code. Note presumed to have elected to relinquish the entire the most recent sales price, whichever is that according to the federal Tax Cuts and carryback period. greater. Jobs Act of 2017, net operating losses generat- ed during or after 2018 generally may not be LINE 6c - CITY / STATE REFUNDS LINE 6 - TOTAL LIABILITIES carried back. These losses may be carried for- Enter refunds or credits of the New York City Title 11, Chapter 6 of the NYC Administrative ward indefinitely; however, each year’s General Corporation Tax, New York State Code permits the deduction of all liabilities deduction will be limited to 80% of taxable Franchise Tax or New York City or State Banking (both long and short term) when computing income calculated as if the corporation had Corporation Tax for which no tax exclusion or business capital for purposes of the tax meas- not made the election pursuant to subchapter deduction was allowed in determining the taxpay- ured by capital. Use the same method of averag- S of the IRC (without regard to the deduc- er’s taxable (entire) net income in a prior year. ing as is used in determining average value of tion). However, the amount of any federal loss total assets. must be adjusted in accordance with Section 11- LINE 8 - TAXABLE NET INCOME 602.8(f) of the NYC Administrative Code. If the entry on this line is a loss, a request to carry LINE 7 - If the period covered by this report is Attach a copy of Form NYC-NOLD-GCT, Net it back as a net operating loss deduction in any other than a period of twelve calendar months, Operating Loss Computation. prior year must be made separately on an amend- after completing lines 1 through 6 but before ed return. Do not attach or mail an amended entering any amount on line 7, multiply the NOTE: return with this tax return. This request must be excess of the amount on line 5 over the amount on The deduction of a net operating loss carry- submitted within three years of the due date of line 6 by a fraction, the numerator of which is the forward from prior years may not exceed and the return for the loss year or within the period number of months or major parts thereof includ- is limited to the amount of the current year’s prescribed in Section 11-678 of the NYC ed in such period and the denominator of which is federal taxable income. A net operating loss Administrative Code. twelve. Enter the resulting amount on line 7 of may not be claimed as a deduction if Schedule Schedule C and on Schedule A, line 2a or 2b. B, line 1 reflects a loss. SCHEDULE C Attach a separate schedule showing computation. Total Capital In addition, the deduction shall not exceed the SCHEDULE E deduction allowed for federal purposes or the LINES 1 THROUGH 4 Additional Required Information deduction which would have been allowed if the AVERAGE VALUE OF TOTAL ASSETS taxpayer had not made an election to be (a) an S To determine the value of your assets for busi- LINES 2 & 3 Corporation under the rules of the Internal ness capital purposes, you must include real If you answer “Yes” to line 2, attach a separate Revenue Code or (b) included in a group report- property and marketable securities at fair market sheet providing the street address, borough, ing on a consolidated basis for federal income tax value. The fair market value of any asset is the block and lot number of such property and purposes. Attach a copy of Form NYC-NOLD- price, without any encumbrance, at which a will- answer question 3b. GCT, Net Operating Loss Computation. ing seller, not compelled to sell, will sell, and a A controlling interest in the case of a corporation Losses incurred during taxable years begin- willing buyer, not compelled to buy, will buy. means: ning after December 31, 2017, generally may The value of all other property must be included not be carried back. For losses from years at the value shown on the taxpayer’s books and l 50% or more of the total combined voting beginning before January 1, 2018, the New York records in accordance with generally accepted power of all classes of stock of such corpo- City net operating loss deduction was determined accounting principles (GAAP). ration, or as if the taxpayer had elected to relinquish the carryback provision except for the first $10,000 On Schedule C, lines 1 through 5, enter the val- l 50% or more of the total fair market value of of each of such losses. Losses which were not ues at the beginning of the year in column A and all classes of stock of such corporation. permitted to be carried back could generally be at the end of the year in column B. Enter the carried forward and used to offset income for the average value in column C. Attach a schedule LINE 4 period permitted for federal tax purposes. In showing the computation of the average value. No portion of the income, gain, loss, deduction addition, any portion of the $10,000 NOL per- or capital of a QSSS is permitted to be included mitted to be carried back but not used could be On line 2 enter the value of real property and in a report filed by the S corporation parent carried forward. marketable securities included in line 1. Enter on except if both the parent corporation and the line 4 the fair market value of real property and QSSS are included in a combined report Form If the taxpayer elected to relinquish the entire marketable securities. NYC-3A. Otherwise, the parent should file carryback period for federal purposes, then the Form NYC-3L (See “Corporations Required to taxpayer could not carry back any amount for Average value is generally computed on a quar- File Form NYC-3L,” item 2, supra.) The QSSS City purposes. Corporations that have elected to terly basis where the taxpayer’s usual accounting must file a separate general corporation tax relinquish the carryback of a net operating loss practice permits. A more frequent basis may be report. |
Instructions for Form NYC-4S - 2022 Page 8 COMPOSITION OF PREPAYMENTS SCHEDULE Enter the payment date and the amount of all pre- payments made for this tax period. LINE D Include on this line the amount of any overpay- ment from the prior year credited toward your tax liability for the current tax year. Do not include this amount on Lines B or C. For interest calculations and account informa- tion, call 311. If calling from outside of the five NYC boroughs, please call 212-NEW- YORK (212-639-9675). You can also visit the Finance website at nyc.gov/finance. 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 dis- closed on any report or return are requested for tax administration purposes and will be used to facili- tate the processing of tax returns and to establish and maintain a uniform system for identifying tax- payers who are or may be subject to taxes admin- istered 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. NYC 4S-Instructions - 2022 |