DEPRECIATION ADJUSTMENTS FOR -399Z CERTAIN POST 9/10/01 PROPERTY For CALENDAR YEAR ________ or FISCAL YEAR beginning _________________________ and ending _________________________ Name (Print or Type) EMPLOYER IDENTIFICATION NUMBER s Federal Form 4562 must accompany this form. OR s This schedule must be attached to your applicable New York City tax return. *00612291* See instructions. SOCIAL SECURITY NUMBER s Use Schedule A2 to report modifications to the deductions for certain sport utility vehicles, not Schedule A1. See instructions. SCHEDULE A1 Computation of allowable New York City depreciation for current year Attach rider if necessary A B C D E F G H I Description Class of Date Placed Cost Accumulated NYC Federal Depreciation Method of Life Allowable of Property in Service: or Depreciation Taken Figuring NYC or New York City Property mm-dd-yy Other Basis in Prior Years Depreciation Rate Depreciation 1a. Total columns D, E, F, and I........... Enter total of columns F and I on line 4 and line 5 of Schedule C below. (See instructions on back.) SCHEDULE A2 Computation of NYC deductions for current year for sport utility vehicles Attach rider if necessary A B C D E F G H I Description Class of Date Placed Cost Accumulated NYC Federal Method of Life Total Allowable of Property in Service: or Deductions Taken Depreciation and Figuring NYC or New York City Property mm-dd-yy Other Basis in Prior Years Section 179 Deductions Depreciation Rate Deductions 1b. Total columns D, E, F, and I .......... 00612291 NYC-399Z - 2022 |
Form NYC-399Z Page 2 SCHEDULE B Disposition adjustment Attach rider if necessary For each item of property listed below, determine the difference between federal and New York City deductions used in the computation of federal and New York City taxable income in prior years. s If federal deduction exceeds New York City deduction, subtract column E from column D and enter in column F. s If New York City deduction exceeds federal, subtract column D from column E and enter in column G. A B C D E F G Description Class of Date Placed Total Federal Total NYC Adjustment Adjustment of Property Property in Service: Depreciation Taken Depreciation Taken (D minus E) (E minus D) (ACRS) mm-dd-yy 2. Total excess federal deductions over NYC deductions (see instructions) ...................... 3. Total excess NYC deductions over federal deductions (see instructions) ........................................................ SCHEDULE C Computation of adjustments to New York City income A. Federal B. New York City 4. Enter amount from Schedule A1, line 1a, column F ................ 4. 5. Enter amount from Schedule A1, line 1a, column I ................. 5. 6a. Enter amount from Schedule A2, line 1b, Column F .............6a. 6b. Enter amount from Schedule A2, line 1b, Column I ..............6b. 7a. Enter amount from Schedule B, line 2...................................7a. 7b. Enter amount from Schedule B, line 3...................................7b. 8. Totals: column A, lines 4, 6a and 7b; column B, lines 5, 6b and 7a.8. Enter the amount on line 8, column A, as an addition and the amount on line 8, column B, as a deduction on the applicable New York City return. (See instr.) GENERAL INFORMATION gain or loss included in entire net income or unincorporated business entire net income upon the disposition of any property The New York City Administrative Code, as amended pursuant for which the federal and New York City depreciation deduc- to the authority granted under Part G of Chapter 93 of the Laws tions differ. of 2002, limits the depreciation deduction for "qualified prop- erty," other than "qualified Resurgence Zone property," to the NOTE deduction that would have been allowed for such property Deductions for "qualified Resurgence Zone property," are not under IRC §167 had the property been acquired by the tax- affected by the above decoupling provisions other than for cer- payer on September 10, 2001, and therefore, not been eligible tain sport utility vehicles. The additional first-year expense for the enhanced deductions allowed by the IRC §168(k). deductions under IRC §179 also are not affected other than for "Qualified Resurgence Zone property" is "qualified property" certain sport utility vehicles. See below. used substantially in the Resurgence Zone in connection with the active conduct of a trade or business where the original use NOTE began with the taxpayer in the Resurgence Zone after Sep- Any exceptions to the decoupling provisions provided in the *00622291* tember 10, 2001. The Resurgence Zone (defined in sections Administrative Code for Qualified New York Liberty Zone 11-507(22), 11-602.8(m) and 11-641(p) of the Administrative property or Qualified New York Liberty Zone leasehold im- Code) generally encompasses the area in Manhattan between provements as defined in IRC §1400L have expired. Canal Street and Houston Street. The Administrative Code also requires appropriate adjustments to the amount of any 00622291 |
Form NYC-399Z Page 3 Economic Stimulus Act of 2008 and to automobiles acquired on or after September On the disposition of an SUV subject to this Other Federal Legislation Effecting Depre- 28, 2017. However, if the passenger automo- limitation, the amount of any gain or loss in- ciation. biles was acquired before September 28, 2018, cluded in ENI must be adjusted to reflect the Section 102 of the Economic Stimulus Act of the first year additional depreciation is phased limited deductions allowed for City purposes 2008, Pub.L. No. 110-185, 122 Stat. 613 (Feb. down to $6,400 in the case of an automobile under this provision. See Finance Memoran- 13, 2008) amended IRC section 168(k). As placed in service during 2018 and to $4,800 in dum 22-1, “Application of IRC §280F Limits amended, section 168(k)(1)(A) provided a 50- the case of automobile placed in service during to Sport Utility Vehicles”. percent additional first year depreciation de- 2019. duction for certain new property acquired by Coordination of Federal depreciation and the taxpayer after December 31, 2007, and be- However, as discussed above the Administra- City decoupling provisions with respect to fore January 1, 2009 (in the case of certain tive Code limits the depreciation for “qualified SUVs property, before January 1, 2010), so long as no property” other than “Qualified Resurgence As discussed above, the Economic Stimulus written binding contract for the acquisition of Zone property” to the deduction that would Act of 2008 amended IRC section 168(k) to the property existed prior to January 1, 2008. have been allowed for such property had the provide bonus depreciation for certain property Since then, the bonus depreciation provisions property been acquired by the taxpayer on Sep- acquired in 2008. The Act also amended have been extended with certain modifications tember 10, 2001, and therefore, except for §168(k)(2)(F)(i) to increase the first year de- by subsequent federal legislation. Qualified Resurgence Zone property, as de- preciation allowed under §280F(a)(1)(A) by fined in the Administrative Code, the City has $8,000 for passenger automobiles to which the In 2015, Section 143 of the Protecting Ameri- decoupled from the federal bonus depreciation 50-percent additional first year depreciation de- cans from Tax Hikes Act of 2015, Pub. L. No. provision. The Administrative Code also re- duction applies. Subsequent federal legislation 114-113, Div Q (December 18, 2015) (“2015 quires appropriate adjustments to the amount also extended and expanded the first year PATH Act”) extended bonus depreciation so of any gain or loss included in entire net in- bonus depreciation provisions as described that it was available for property acquired and come or unincorporated business entire net in- above. Consequently, the years in which the placed in service during 2015-2019; bonus de- come upon the disposition of any property for first year depreciation for passenger automo- preciation was extended through 2020 for cer- which the federal and New York City depreci- biles under §280F(a)(1)(A) is increased by tain property with a longer production period. ation deductions differ. $8,000 have also been extended. However, the Under the 2015 PATH Act, the bonus depreci- Economic Stimulus Act and the subsequent ation is 50% for property placed in service dur- Special Provisions for Certain Sport Utility federal legislation described above will only af- ing 2015-2017, 40% for property placed in Vehicles for Tax Periods Beginning on or fect the applicable City SUV limits with re- service during 2018, and 30% for property After January 1, 2004 spect to the recovery of costs of Qualified placed in service during 2019. Under Section 280F of the Internal Revenue Resurgence Zone property under the Unincor- Code, the federal depreciation deduction under porated Business Tax (UBT) and the Bank Tax. Most recently, section 13201(b) of the Tax Cuts sections 167 and 168 of the Internal Revenue Pursuant to the generally applicable decoupling and Jobs Act of 2017 (“TCJA”) extended the Code and the expense in lieu of depreciation provisions discussed on pages 2 and 3 of this bonus depreciation deduction to cover property deduction under section 179 of the Internal form, bonus depreciation under IRC 168(k) is placed in service before January 1, 2027 (except Revenue Code for certain passenger automo- only available for Qualified Resurgence Zone for aircraft and log-production period property biles are generally limited to the amounts pro- property. For GCT and the Business Corpora- had to be placed into service before January 1, vided in section 280F(a)(1) of the Internal tion Tax purposes, SUVs cannot qualify as 2028.) Pursuant to section 13201(a) of the Revenue Code. Congress passed legislation Qualified Resurgence Zone property. See Ad- TCJA, for property placed in service after Sep- that limits the amount deductible for certain ministrative Code §§ 11-602(8)(k), 11- tember 27, 2017, the bonus depreciation rate sport utility vehicles. That legislation does not 652(8)(k), 11-602(8)(o) and 11-652(8)(o). was raised to 100% with the phase-down to affect the modifications required for City tax Therefore, under the GCT and the Business begin in 2023. The taxpayer can elect to apply purposes described below. For tax years begin- Corporation Tax no bonus depreciation is per- a 50% depreciation rate for property placed in ning on or after January 1, 2004, in determining mitted for SUVs. For UBT and Bank Tax pur- service in the taxpayer’s first tax year ending ENI of taxpayers, other than eligible farmers poses, with respect to SUV’s placed into after September 27, 2017. The phase-down of (for purposes of the New York State farmers' service after December 31, 2007 and before the bonus depreciation enacted under the 2015 school tax credit), the amount allowed as a de- January 1, 2027, bonus depreciation is avail- PATH is still applicable for property acquired duction for New York City purposes (for either able only for SUVs that are “Qualified Resur- before September 28, 2017. Thus, for property depreciation or expense in lieu of depreciation) gence Zone property.” See Finance acquired before September 28, 2017 and placed with respect to a sport utility vehicle (SUV) Memorandum 22-1 for more information. in service in service in 2018, the bonus depre- that is NOT a passenger automobile for pur- ciation is 40% and 30% for property placed in poses of section 280F(d)(5) of the Internal Rev- WHO MUST USE THIS FORM service in 2019 with no bonus depreciation for enue Code is limited to the amount that would A corporation or unincorporated business that property placed in service after 2019. be allowed under section 280F(a)(1) of the In- files or is included in a ternal Revenue Code if the vehicle were a pas- Under the TCJA, the first year depreciation senger automobile as defined in section l NYC-3A, NYC-3L or NYC-4S General limit increase of $8,000 for passenger automo- 280F(d)(5). For all SUVs subject to these spe- Business Corporations biles under §280(F)(a)(1)(A) is extended to in- cial provisions, the amount allowed as a de- clude automobiles placed in service on or duction is calculated as of the date the SUV l NYC-202, NYC-202EIN or NYC-204 Un- before December 31, 2026. Prior to that, in was actually placed in service and not as of incorporated Businesses order to qualify for the $8,000 increase in September 10, 2001. (The date that is applica- bonus depreciation, the passenger automobile ble to qualified property, other than qualified l NYC-1 Banking Corporations would have had to been placed into service on Resurgence Zone property and New York Lib- or before December 31, 2019. This extension erty Zone property, under the general post- l NYC-2, NYC-2A or NYC-2S Business Cor- of the placed in service deadline only applies 9/11/01 decoupling provisions). porations |
Form NYC-399Z Page 4 must use Form NYC-399Z if: Column G total amount that may be deducted for New Indicate the depreciation method selected for York City purposes in the current tax year for 1) it claims for federal purposes a deprecia- the computation of the New York City allow- an SUV subject to the special provisions. See tion deduction for "qualified property" able depreciation deduction. Any method used Finance Memorandum 22-1, “Application of pursuant to the Economic Stimulus Act of to compute depreciation that would have been IRC §280F Limits to Sport Utility Vehicles”. 2008, or subsequent federal legislation allowed under IRC §167, had the property been including the 2015 PATH Act or TCJA acquired on September 10, 2001, will be ac- SCHEDULE B other than “Qualified Resurgence Zone ceptable. This includes such methods as property.” straight-line depreciation, declining balance Column A depreciation, sum-of-the-years-digits method Enter each item of property disposed of during 2) it is not an eligible farmer (for purposes or any other consistent method. the taxable year separately. Attach a rider if ad- of the New York State farmers' school tax ditional room is needed. credit) and it claims for federal purposes Column I a depreciation deduction or an expense Enter depreciation computed by the method in- Column D deduction in lieu of depreciation deduc- dicated in column G computed as IRC §167 Enter for each item of property the total amount tion under section 179 of the Internal would have applied had the property been ac- of federal deductions used in the computation Revenue Code for an SUV that is NOT a quired on September 10, 2001. Total of this of prior years’ federal taxable income. For an passenger automobile for purposes of sec- column will be the amount allowable as a de- SUV subject to the special provisions, the tion 280F(d)(5) of the Internal Revenue duction for New York City. amount entered in Column D should include Code (regardless of whether the SUV is any amount deducted under section 179 of the “qualified property” under IRC §168(k). LINE 1a Internal Revenue Code. Enter total of columns F and I on lines 4 and 5 NOTE of Schedule C, as indicated. Column E Corporations and unincorporated businesses Enter for each item of property the total amount meeting the criteria set forth in #1 or #2 above If you have disposed of “qualified property” of New York City deductions used in the com- are not permitted to file on Form NYC-4S EZ other than “qualified Resurgence Zone prop- putation of prior years’ New York City entire (General Corporation Tax) or Form NYC-202S erty,” in any year after the year of acquisition, net income. (Unincorporated Business Tax). you must complete Schedule B. Column F SPECIFIC INSTRUCTIONS SCHEDULE A2 For any item of property, if column D exceeds column E, subtract column E from column D and enter the excess in this column. SCHEDULE A1 Column A Enter the year, make and model for each SUV. Column G The purpose of this schedule is to compute the For any item of property, if column E exceeds allowable New York City depreciation deduction. Column B column D, subtract column D from column E This form has been designed to be used with the Indicate the property class type used or that and enter the excess in this column. federal depreciation schedule, Form 4562 (Rev. would be used in computing federal deprecia- March 2002 or later). A copy of the federal form tion for each SUV. LINE 2 must accompany this Form NYC-399Z. Tax- Add the amounts in column F and enter the payers with SUVs subject to the special provi- Column D total on line 2 and on Schedule C, line 7a. sions use Schedule A2 and not Schedule A1. Do The amount entered in this column must be not complete Schedule A1 unless you have prop- equal to the cost or other basis used for federal LINE 3 erty other than an SUV subject to the general purposes prior to any special depreciation al- Add the amounts in column G and enter the post-9/11/01 decoupling provisions. lowances for qualified property and prior to the total on line 3 and on Schedule C, line 7b. expense in lieu of depreciation deduction al- Column A lowed under section 179 of the Internal Rev- SCHEDULE C Enter a brief description of each item of “qual- enue Code. ified property,” other than “qualified Resur- LINE 8 gence Zone property,” included in part II or III Column E Enter the amount on line 8A as an addition on of federal Form 4562. Enter the total New York City depreciation the applicable New York City tax return. Use taken in prior years including, for years prior the following lines. Attach an explanation. Column B to 2018, the amount of any deduction taken For each item of property listed in column A, under section 179 of the Internal Revenue NYC-3A - Schedule B, line 6c* indicate the property class type used in com- Code for New York City purposes. NYC-3L - Schedule B, line 6c puting the federal deduction. Use “UPM” for property which is depreciated under the unit of Column F NYC-4S - Schedule B, line 4 production method provided in IRC §168(f)(1). For each SUV, enter the sum of the amount of NYC-202 - Schedule B, line 10c the federal depreciation deduction taken and Column D amount of any federal expense in lieu of de- NYC-202EIN - Schedule B, line 10c The cost or other basis entered in this column preciation deduction taken under section 179 NYC-204 - Schedule B, line 14c must be the same amount used for federal pur- of the Internal Revenue Code for the current NYC-1 - Schedule B, line 8 poses prior to any reduction for the special de- tax period. preciation allowance for qualified property. NYC-2 - Schedule B, line 11 Column I NYC-2A - Schedule B, Line 11 ** The amount entered in column I should be the NYC-2S - Schedule B, Line 6 |
Form NYC-399Z Page 5 Enter the amount on line 8B as a deduction on the applicable New York City tax return. Use the following lines. Attach an explanation. NYC-3A - Schedule B, line 15* NYC-3L - Schedule B, line 15 NYC-4S - Schedule B, line 6b NYC-202 - Schedule B, line 15 NYC-202EIN - Schedule B, line 15 NYC-204 - Schedule B, line 19 NYC-1 - Schedule B, line 15 NYC-2 - Schedule B, line 19 NYC-2A - Schedule B, Line 19 ** NYC-2S - Schedule B, Line 9 *If this form is for the reporting corporation, enter amounts on the appropriate lines in Col- umn A. For any other member of the combined group, enter amounts on the appropriate lines on Form NYC-3A/B in the column for the cor- poration. If there is only one member of the combined group, enter amounts on the appro- priate lines on Form NYC-3A, column B. **If this form is for the designated agent, enter amounts in the appropriate column. For any other member of the combined group, enter amounts on the appropriate lines on Form NYC-2A/BC and include on Form NYC-2A in column entitled “Total of All Affiliates”. |