Instructions for Form CR-A nyc.gov/finance Commercial Rent Tax Annual Return Applicable for the tax period June 1, 2022 to May 31, 2023, ONLY HIGHLIGHTS OF LEGISLATION AND OTHER DEVELOPMENTS ● As of June 1, 2018, a “Small Business tax credit” is available for tenants with “small business tax credit base rents” of less than $500,000, and a phase out applies for rents from $500,000 to $550,000. A total income limitation and phase-out applies from $5,000,000 to $10,000,000. The “small business tax credit base rent” is the base rent before the 35% rent reduction allowed pursuant to Administrative Code Section 11-704(h)(2). See the Small Business Tax Credit Worksheet and Instructions. ● Effective August 30, 2005, the Commercial Rent Tax reduction program is expanded for those taxpayers who are eligible for the Commercial Revitalization Program benefits to include more buildings and to provide a greater base rent reduction as fol- lows: a. The law expands the program to include buildings south of Canal Street that received their certificate of occupancy after 1975. b. The law provides for a base rent reduction for the first five years of the lease equal to the lesser of the first year’s rent or 100% of the rent paid for the period. c. This expansion is available for leases, but not subleases, having a term of at least five years beginning between 7/1/2005 and 6/30/2023. d. No base rent reduction is allowed under this program for tax periods beginning after 3/31/2030. e. For purposes of applying such special reduction, the base rent for the base year shall, where necessary to determine the amount of the special reduction allowable with respect to any number of months falling within a tax period, be prorated by dividing the base rent for the base year by twelve and multiplying the result by such number of months. For more information, see New York City Administrative Code section 11-704.i. ● Effective August 30, 2005, tenants located in the “World Trade Center Area”, as defined are exempt from the tax. (See Page 3 - Exemptions: #5) The World Trade Center is defined as: the area in the borough of Manhattan bounded by Church Street on the east starting at the intersection of Liberty Street and Church Street; running northerly along the center line of Church Street to the intersection of Church Street and Vesey Street; running westerly along the center line of Vesey Street to the inter- section of Vesey Street and West Broadway; running northerly along the center line of West Broadway to the intersection of West Broadway and Barclay Street; running westerly along the center line of Barclay Street to the intersection of Barclay Street and Washington Street; running southerly along the center line of Washington Street to the intersection of Washington Street and Vesey Street; running westerly along the center line of Vesey Street to the intersection of Vesey Street and West Street; run- ning southerly along the center line of West Street to the intersection of West Street and Liberty Street; running easterly along the center line of Liberty Street to the intersection of Liberty Street and Washington Street; running southerly along the center line of Washington Street to the intersection of Washington Street and Albany Street; running easterly along the center line of Albany Street to the intersection of Albany Street and Greenwich Street; running northerly along the center line of Greenwich Street to Liberty Street; and running easterly along the center line of Liberty Street to the intersection of Liberty Street and Church Street. ● As of December 1, 2005, the rent paid for premises used for retail sales purposes is exempt from tax (see Page 3 - Exemptions: #6) where such premises are located in the Commercial Revitalization Program abatement zone, which is the area in the bor- ough of Manhattan bounded by Murray Street on the North starting at the intersection of West Street and Murray Street; run- ning easterly along the center line of Murray Street connecting through City Hall Park with the center line of Frankfort Street and running easterly along the center lines of Frankfort and Dover Streets to the intersection of Dover Street and South Street; running southerly along the center line of South Street to Peter Minuit Plaza; connecting through Peter Minuit Plaza to the cen- ter line of State Street and running northwesterly along the center line of State Street to the intersection of State Street and Bat- tery Place; running westerly along the center line of Battery Place to the intersection of Battery Place and West Street; and running northerly along the center line of West Street to the intersection of West Street and Murray Street. Any tax lot partly located inside this area is deemed to be entirely located inside the area. 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 payment 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. |
Instructions for Form CR-A for the Period of June 1, 2022 to May 31, 2023 ONLY Page 2 IMPORTANT INFORMATION refund claim, no refund of Commercial considered the date of delivery, provided the Rent Tax will be paid unless and until postmark date falls on or before the due date ● Taxpayers whose annualized base rent the property tax refund or credit is re- including any extension and the return was before the 35% rent reduction and the ceived from the landlord and the tenant deposited in the mail, postage prepaid and NYC Commercial Revitalization Pro- submits, with a copy of this return, suf- properly addressed. Non-U.S. Postal Serv- gram special reduction is less than ficient information to establish the ice postmarks will also be recognized, pro- $250,000 are no longer subject to the amount of any such overpayment. vided delivery to the Department of Finance Commercial Rent Tax. However, a tax occurs within five days of the postmark date. return may be required to be filed. GENERAL INFORMATION If the five-day limit is exceeded, the taxpayer must establish: a) the item was actually de- ● A tax credit is allowed for taxpayers FORMS TO BE USED AND posited in the mail by the due date; b) the whose annualized base rent before the PERIODS COVERED delay in receipt was due to a delay in the 35% rent reduction and the NYC Com- An annual return (CR-A) is required to be transmission of the mail; and c) the cause of mercial Revitalization Program special filed by every tenant, on or before June 20, the delay. reduction is at least $250,000, but is less covering the preceding year from June 1 to than $300,000. The tax credit is calcu- May 31. Every tenant subject to tax for a pe- If the due date falls on a Saturday, Sunday or lated on page 2, line 16. riod must file a quarterly return (Form CR- legal holiday, the due date is extended to the Q). Quarterly returns are due for the next succeeding business day. ● A tax return is no longer required to be three-month periods ending on the last days filed with respect to any premises if your of August, November and February of each For late filings of quarterly returns, interest annualized gross rent paid is $200,000 tax year and must be filed within 20 days must be paid on the amount of the underpay- or less and you do not receive over after the end of the period they cover. ment from the due date until the earlier of (1) $200,000 in rent from any subtenant. 20 days after the end of the tax year, or (2) Every tenant subject to tax must file an an- the date as of which the tax paid for the tax ● A 35% rent reduction is allowed in com- nual return on Form CR-A. Generally, no re- year equals 75% of the full tax required to be puting base rent subject to Commercial turn is required from taxpayers exempt from paid for the tax year. The interest must be Rent Tax. tax but taxpayers meeting certain criteria paid with the annual return. For calcula- must still file an annual return even though tion of interest information, call 311. Interest ● The applicable tax rate for each taxable not subject to tax. An annual return re-is amounting to less than $1 need not be paid. premises is based on the Base Rent Be- quired even though the tenant is exempt from fore Rent Reduction and the NYC Com- tax because its annualized base rent before WHO IS A TENANT mercial Revitalization Program special the 35% rent reduction and the NYC Com- A tenant is a person who pays or is re- reduction (lines 7 and 5b, or line 12, if mercial Revitalization program special re- quired to pay rent for premises as a lessee, applicable). However, that tax rate is duction is less than $250,000 (Refer to sublessee, licensee or concessionaire. No applied to the Base Rent Subject to Tax Exemptions, below) if, with respect to any tax return need be filed if the individual or (line 9) in determining your tax for each premises: (i) its annual or annualized gross the business entity is the same individual taxable premises. If that amount is less rent is more than $200,000 or (ii) it receives or entity owning the premises. For these than $250,000, no tax is due. If that over $200,000 in rent from any subtenant. purposes, shareholders in cooperative cor- amount is at least $250,000 but less than However, an annual return is not required if porations are not considered owners of the $300,000, a tax credit is allowed. the tenant is exempt from tax because its an- premises. The tax form should be returned nualized base rent before the 35% rent re- to the Department of Finance stating the ● In computing base rent, rent received duction and the NYC Commercial owner’s name and address, Employer Iden- from subtenants may be deducted by a Revitalization special reduction is less than tification Number or Social Security Num- prime tenant, regardless of the amount. $250,000 if, with respect to any premises: (i) ber, the address of the property and the its annual or annualized gross rent is $200,00 block and lot number as shown on the real ● The Commercial Rent Tax has been re- or less, and (ii) it does not receive over estate tax bill. pealed with respect to rent paid for all $200,000 in rent from any subtenant. premises located north of the center line The following situations do not exempt the of 96th Street in Manhattan and the If a tenant ceases to do business, the tax is tenant from tax: boroughs of the Bronx, Brooklyn, due immediately, and the tenant must file a Queens and Staten Island. final return for the entire year (Form CR-A) a) where a building is owned, not by a tenant within 20 days from the date the tenant but by a spouse or parent of the tenant; ● The submission of this return represents ceases to do business. If the tenant never- an automatic protective refund claim theless continues to pay rent for the taxable b) where a building is owned by the tenant for any overpayment of the tax reported premises, in which case the tenant must con- jointly or in common with another person, on this return that results from the in- tinue to file returns and pay the tax. other than a spouse; clusion in base rent of NYC Real Prop- erty Tax escalation payments for which If a tax return or payment is delivered to the c) where a building is owned by a corpora- the tenant/taxpayer subsequently re- Department of Finance by U.S. mail after the tion of which the tenant is an officer or ceives a refund or credit from the land- due date, the date of the U.S. Postal Service holder of all or part of the corporate stock; lord. Notwithstanding the protective postmark stamped on the envelope will be |
Instructions for Form CR-A for the Period of June 1, 2022 to May 31, 2023 ONLY Page 3 d) where the tenant is a corporation and the subtenant of any part of the premises. (See in- EXEMPTIONS building is owned by a subsidiary corpo- structions to line 4, Rent from Subtenant(s)) The following are exempt from payment of ration or by a parent corporation; Where the base rent is for a period of less the Commercial Rent Tax: e) where the tenant is a corporation and the than one year, it must be annualized. Base building is owned by an officer or stock- rent is annualized by assuming it was paid on 1. a tenant whose annualized base rent be- holder of the corporation. an equivalent basis for the entire year. fore the 35% rent reduction and the NYC Commercial Revitalization Program spe- WHAT CONSTITUTES In computing base rent, rent received from a cial reduction (line 5b) is less than TAXABLE PREMISES subtenant subject to the tax or exempt from $250,000 for period beginning on or after Taxable premises are premises used or in- the tax for the tax year because the sub- June 1, 2001. The annualized base rent tended to be used to carry on any trade, busi- tenant's annualized base rent before the 35% for a period of less than one year is deter- ness, professional, vocational or commercial rent reduction and the NYC Commercial Re- mined as if the rent had been paid on an activity, including premises used solely for vitalization Program special reduction is less equivalent basis for an entire year; the purpose of renting the same in whole or in than $250,000 for period beginning on or part to subtenants. Taxable premises include after June 1, 2001, and rent received from a 2. a tenant who uses premises for 14 days or a specific part of particular space in a ware- subtenant that is a governmental entity, the less (whether or not consecutive) in a tax house rented for the storage of goods, or in a United Nations, or a nonprofit religious, year, and is not required to pay rent for a garage, parking lot or parking area rented for charitable or educational entity exempt from longer period; the parking of motor vehicles, in connection the tax may be deducted by a prime tenant. with the tenant’s conduct of business or pro- 3. a tenant (other than the operator of a fessional activity; also included is a safe de- NOTE: Base rent paid by a tenant for one hotel, apartment hotel or lodging house) posit box or locker or beach cabana if used taxable premise cannot be reduced by de- who uses premises for residential renting for business purposes. ducting rents received by that tenant for an- to others to the extent of 75% or more of other taxable premise of which he is also a the rentable floor space; WHAT CONSTITUTES RENT tenant. Rent is the consideration paid or required to be 4. a tenant who uses premises for certain dra- paid by a tenant for the use or occupancy of A tenant is also entitled to deduct from the matic or musical arts performances for less premises, valued in money, whether received base rent amounts paid by the tenant for the than 4 weeks where the performances are in money or otherwise, including all credits, tenant’s own use of the premises: not intended to continue for less than 4 property, or services of any kind, as well as any weeks. A tenant who uses taxable prem- payment required to be made by a tenant on a) for railroad, air, or omnibus transportation ises for the production and performance of behalf of the landlord for real estate taxes, purposes; a theatrical work is exempt from the tax water and sewer charges, or any other ex- with respect to the rent paid for the taxable penses (including insurance) normally payable b) for piers, insofar as they are used in inter- premises for a period not exceeding 52 by a landlord who owns the realty, other than state or foreign commerce; weeks from the date production com- expenses for the improvement, repair or main- menced. For purposes of this exemption, tenance of the tenant’s premises. c) which are located in, on, above, or under production will be considered to com- a public place and are defined by law as mence on the date public performances Where the rent paid by a tenant for the occu- special franchise property; begin; pancy of taxable premises is measured in whole or in part by the gross receipts from the sales d) which are advertising space or signs, 5. beginning August 30, 2005, tenants in the within the premises, the rent, for purposes of vending machines, or newsstands in sub- World Trade Center Area, as defined in computing the Commercial Rent Tax is the ac- way or elevated railroad premises oper- §11-704(a)(6) of the NYC Ad. Code. See tual percentage of gross receipts due the land- ated by the New York City Transit “Highlights of Legislation”; lord, but not in excess of 15% of gross receipts. Authority when the rent is payable to the Transit Authority; or 6. beginning December 1, 2005, for retail Tenant shareholders in cooperative buildings sales purposes in the Commercial Revital- should calculate the amount of rent subject e) which is parking space subject to the ad- ization Program abatement zone. See to tax as provided in Section 7-01 “Rent” of ditional 8% parking tax imposed under “Highlights of Legislation” and Adminis- the Commercial Rent Tax Rules. (Title 19, Administrative Code Section 11-2049. trative Code §11-704(c)(9). Premises used Rules of the City of New York, Chapter 7) If for retail purposes are premises used for a tenant uses two or more taxable locations in NOTE: Report these deductions on line 5a the selling of tangible goods directly to the the same building at the same time, the total - Other Deductions and attach a schedule. ultimate consumer. Administrative Code rent paid for all such locations constitutes §11-701(c)(20). In general, restaurants rent paid for one taxable premises. For a more detailed discussion of deductions and bars do not qualify for this exemption; in calculating base rent refer to Section 11- and WHAT CONSTITUTES BASE RENT 704 of the NYC Administrative Code and Base rent is generally the rent paid for each Section 7-01 “Base Rent” of the Commercial 7. various governmental bodies, the U.N., taxable premises by a tenant to the landlord Rent Tax Rules. (Title 19, Rules of the City and nonprofit religious, charitable and ed- for a period, less the amounts received by or of New York, Chapter 7) ucational organizations. Other nonprofit due such tenant for the same period from any organizations may be exempt from the |
Instructions for Form CR-A for the Period of June 1, 2022 to May 31, 2023 ONLY Page 4 tax. For more information, see Sections Preparer Authorization: If you want to clearly. Make sure the copies or the schedule 7-04 through 7-06 of the Commercial allow the Department of Finance to discuss bear the taxpayer’s name, address, period cov- Rent Tax Rules. (Title 19, Rules of the your return with the paid preparer who signed ered by the return, Account ID Number, and City of New York, Chapter 7) it, you must check the "yes" box in the signa- Employer Identification Number or Social Se- ture area of the return. This authorization ap- curity Number. COMBINED BUSINESS/ plies only to the individual whose signature RESIDENTIAL USE appears in the "Preparer's Use Only" section LINE 2 - GROSS RENT PAID Where a tenant pays an undivided rent for a of your return. It does not apply to the firm, Determine amount of gross rent paid for each premises used both for residential and business if any, shown in that section. By checking the premises and enter on this line (Refer to purposes, the tax applies to that part of the rent "Yes" box, you are authorizing the Depart- “What Constitutes Rent”, page 2.) If your that is attributable to the part of the premises ment of Finance to call the preparer to answer gross rent is based on a percentage of sales used for business purposes. In such a case, the any questions that may arise during the pro- receipts, exclude the excess of 15% of those rent attributable to business use is the amount cessing of your return. Also, you are author- receipts. If you rent an entire apartment, which the tenant deducts as rent for the prem- izing the preparer to: hotel suite, or other accommodation that you ises for federal income tax purposes. use or occupy for commercial activities and ● Give the Department any information claim as a business deduction, the full WHEN AND WHERE TO FILE missing from your return, amount of the rent must be entered. If you File your return within 20 days after the end pay a single rent to one lessor for two or of the period covered by this return. Penalty ● Call the Department for information about more taxable premises, see section 7-01 “Al- and interest will be assessed for returns filed the processing of your return or the status location of single rent for two or more tax- late. The return must be mailed to the appro- of your refund or payment(s), and able premises” of the Commercial Rent Tax priate address, as follows: Rules (Title 19, Rules of the City of New ● Respond to certain notices that you have York, Chapter 7) for the method to be used All returns, except refund returns: shared with the preparer about math er- to allocate rent among the taxable premises. rors, offsets, and return preparation. The NYC DEPARTMENT OF FINANCE notices will not be sent to the preparer. LINE 3 - RESIDENTIAL RENT P.O. BOX 5564 If you use your home for business and resi- BINGHAMTON, NY 13902-5564 You are not authorizing the preparer to re- dential purposes, enter here the amount of Remittances - Pay online with Form NYC- ceive any refund check, bind you to anything the rent attributable to residential use only. 200V at nyc.gov/finance, or Mail payment (including any additional tax liability), or It is presumed that the amount you claimed and Form NYC-200V only to: otherwise represent you before the Depart- as a business deduction for rent on your fed- ment. The authorization cannot be revoked, eral income tax return is the amount of rent NYC Department of Finance however, the authorization will automatically attributable to business use of the premises. P.O. Box 3933 expire no later than the due date (without re- New York, NY 10008-3933 gard to any extensions) for filing next year's LINE 4a1 through 4d2 - RENT FROM return. Failure to check the box will be SUBTENANT(S) Returns claiming refunds: deemed a denial of authority . Enter here amounts paid or due to you as rent NYC DEPARTMENT OF FINANCE from any subtenant. In computing base rent, P.O. BOX 5563 SPECIFIC INSTRUCTIONS rent received from a subtenant subject to the BINGHAMTON, NY 13902-5563 tax or not subject to tax for the tax year be- PAGE 2 - Computation of Base Rent cause its annualized base rent is less than HOW TO COMPLETE ANNUAL $250,000 for period beginning on or after TAX FORM CR-A For purposes of completing this form June 1, 2001, and rent received from a sub- ● Complete this return by beginning on round off cents to the nearest whole dollar. tenant that is a governmental entity, the UN, page 2. Use worksheets on page 3, as ap- or a nonprofit religious, charitable or educa- plicable. LINE 1 - TAXABLE PREMISES tional entity exempt from the tax, may be de- Enter address, zip code and block and lot ducted by a prime tenant. ● Complete the entire schedule for each number of each taxable premises where the premises. After completing page 2 and all annualized gross rent exceeds $200,000. To Also enter the subtenant’s name, Employer applicable worksheets on page 3, complete find the block and lot number corresponding Identification Number (for corporations or page 1. to the taxable premises, log on to the Depart- partnerships) or Social Security Number (if a ment of Finance website at nyc.gov/finance sole proprietorship). Note that such rents USE THIS PAGE IF YOU HAVE THREE OR FEWER and mouse over the Real Estate Tax (blue bar) may be deducted only from the gross rent of PREMISES WITH NO MORE THAN ONE SUB- drop down menu, click on “Assessment Roll” the premises which the subtenant occupies TENANT IN EACH OR, MAKE COPIES OF THIS and click on “Search by Address”. Alterna- and may not be applied against any other PAGE TO REPORT ADDITIONAL PREMISES/SUB- tively, the block and lot number can be ob- premises rented by the taxpayer. TENANTS. IF YOU WISH TO REPORT MORE tained from your landlord or managing agent. THAN THREE PREMISES OR MORE THAN ONE SUBTENANT IN ANY PREMISES, AND If you have more than three such premises, If you have more than one subtenant in any CHOOSE TO USE A SPREADSHEET, YOU MUST make copies of page 2 or attach a schedule premises, make copies of page 2 or attach a USE THE FINANCE SUPPLEMENTAL SPREAD- giving the same information required by the schedule giving the same details as required SHEET, WHICH YOU CAN DOWNLOAD FROM OUR form showing figures and computations on page 2. WEBSITE AT WWW.NYC.GOV/CRTINFO. |
Instructions for Form CR-A for the Period of June 1, 2022 to May 31, 2023 ONLY Page 5 In entering amounts paid by subtenants long, the special reduction is available for up LINE 8 - 35% RENT REDUCTION whose rent is based on a percentage of sales to sixty months with a similar decrease for the Multiply line 7 by 35% and enter here. receipts, exclude the amount in excess of last two twelve month periods of that period. 15% of those receipts. See Administrative Code §11-704.i.2.(b) and LINE 9 - BASE RENT SUBJECT (b-1). Effective August 30, 2005, for qualify- TO TAX Amounts received by a garage or parking lot op- ing leases (which do not include subleases) Subtract line 8 from line 7 to obtain the erator for allowing the parking of a vehicle any- with an initial or renewal lease term of at least amount of your base rent subject to tax. where on his premises is not deductible unless: five years, signed between July 1, 2005 and June 30, 2023, the special reduction for the ANNUALIZATION OF BASE RENT a) a particular space has been permanently base year is equal to the base rent and for all Complete lines 10 through 12 only if the assigned for the exclusive use of the ten- other 12 month periods is equal to the lesser of amount shown on line 7 does not represent ant; and the base rent for such twelve-month period or rent paid for a full twelve-month period. the base rent for the base year. See Adminis- b) the vehicle is used for commercial pur- trative Code §11-704.i.2.(b-2), as amended. SPECIAL INSTRUCTIONS FOR poses by the tenant; and The application for the special reduction TENANTS WHO PAY RENT FOR A under Ad. Code §11-704.i.2.(b-2) must be PERIOD OTHER THAN ONE MONTH. c) a completed Certificate of Assigned Space filed with the Department of Finance within If you do not pay rent on a monthly basis, Use has been taken from the tenant. 180 days from the rent commencement date. check the box on line 10 on page 2. If filing Administrative Code §11-704.i.5.(a)(iii). using the finance supplemental spreadsheet LINE 5a - OTHER DEDUCTIONS select “yes ” from the drop down box on line Enter here any amounts included in gross For more information concerning eligibility 10 if your rent is not paid on a monthly basis. rent allowable as deductions for eligible tax- requirements under the NYC Commercial Do not complete lines 10a and 11 on page 2. payers and detail such deductions on an at- Revitalization Program, please e-mail: To determine the Annualized Base Rent be- tached schedule. fore rent reduction, use the worksheet on the nyc.gov/contactfinance bottom of Page 3. Enter the Premises Num- LINE 5b - COMMERCIAL REVITAL- ber from Page 2 for which rent is not paid on IZATION PROGRAM SPECIAL RE- SPECIAL NOTE FOR a monthly basis at the top of the column. DUCTION. (SEE HIGHLIGHTS OF ELIGIBLE TAXPAYERS Complete the worksheet and enter the result LEGISLATION) from line 4 of this worksheet on line 12 of The NYC Commercial Revitalization Pro- The amount of the special reduction available Page 2 in the appropriate column. If the gram provides both Real Estate Tax and to eligible taxpayers under the NYC Com- amount on line 12 is $249,999 or less trans- Commercial Rent Tax benefits with respect mercial Revitalization Program (line 5b) IS fer the amount on line 9 to line 13. If the to qualifying leases of premises in the Title 4 NOT taken into account and must be added to amount on line 12 is $250,000 or more, abatement zone, defined generally as the area the line 7 amount for the following purposes: transfer the amount on line 9 to line 14. In- in Manhattan bounded by Murray Street and ● annualizing the base rent (lines 10a-12), clude these amounts in the totals on page 1, Frankfort Street on the north, and South lines 1 and 2, respectively. Skip to the in- Street, Battery Place and West Street on the ● determining whether the taxpayer is ex- structions for line 15. For those premises for east, south and west, respectively. Effective empt because its base rent is below which you pay rent on a monthly basis, con- for qualifying leases signed between July 1, $250,000 for periods beginning on or tinue with the instructions below. 2005 and June 30, 2023, the premises can be after June 1, 2001 (see "EXEMPTIONS" in eligible buildings located south of Canal on page 2 of these instructions), LINE 10a - MONTHS AT PREMISES Street. Leases must be new, renewal or ex- Enter the dates (month and year) that occu- pansion leases with lease commencement ● determining the amount of credit avail- pancy or use of such premises began and dates beginning on or after April 1, 1997 and able (line 16), and ended. Compute the number of months occu- must meet minimum lease term and expen- ● determining the applicable tax rate. pied or used to the nearest full month and enter. diture requirements. Expanded benefits are However, once the applicable rate is de- available for qualifying leases signed be- LINE 11 - MONTHLY BASE RENT termined, enter the amount on line 9 tween July 1, 2005 and June 30, 2023. (after the special reduction) on line 13 or BEFORE RENT REDUCTION 14, whichever is applicable. Divide the sum of lines 7 and 5b by line 10a Under the original program, for leases with an to arrive at the average monthly base rent be- initial lease term of at least three years but less fore rent reduction. than five years, the special reduction is avail- able for up to 36 months. The reduction for LINE 6 - TOTAL DEDUCTIONS the base year, i.e., the twelve month period Add lines 3, 4c, 5a and 5b and enter the total LINE 12 - ANNUALIZED BASE RENT commencing on the rent commencement date, deductions on line 6. BEFORE RENT REDUCTION is equal to the base rent. The special reduction Multiply line 11 by 12 (months). This is your for the two twelve month periods following LINE 7 - BASE RENT BEFORE annualized base rent before rent reduction. the base year is equal to 2/3 and 1/3, respec- THE 35% RENT REDUCTION tively, of the lesser of the base rent for that 12 Subtract line 6 from line 2 to obtain the LINES 13 AND 14 - RATE CLASS month period or the base rent for the base amount of your base rent before the 35% rent ● If lines 10a through 12 are not applicable, year. Where the lease is at least five years reduction. and if the sum of lines 7 and 5b is $249,999 or less, transfer the amount on line 9 (not |
Instructions for Form CR-A for the Period of June 1, 2022 to May 31, 2023 ONLY Page 6 the amount on line 7) to line 13. If the “Base Rent Before Rent Reduction” means subtracting the amount you have entered sum of lines 7 and 5b is $250,000 or more, the base rent before the 35% rent reduction on line 2a from $10,000,000 and dividing transfer the amount on line 9 (not the on Page 2, line 7. the difference by 5,000,000. Your Income amount on line 7) to line 14. Factor will be a decimal value greater LINE INSTRUCTIONS than zero and less than one. Calculate the ● If lines 10a through 12 are applicable, and Income Factor to two decimal places. if the line 12 amount is $249,999 or less, Line A. transfer the amount on line 9 (not the To qualify for the credit, you must check Example: amount on line 12) to line 13. If the line “Yes” to both questions A and B on the Small Total income = $8,000,000 12 amount is $250,000 or more, transfer Business Tax Credit worksheet. (10,000,000 – 8,000,000) = 2,000,000 the amount on line 9 (not the amount on 2,000,000 / 5,000,000 line 12) to line 14. “Total income” is defined by section 11-704.4 Income Factor = 0.40 of the Administrative Code to mean the ● Transfer the totals of lines 13 and 14 to amount reported to the Internal Revenue ● Enter your Income Factor on line 2b Rent lines 1 and 2 respectively, page 1 of the Service for federal income tax purposes in the Factor Calculations form. tax year immediately preceding the period for which the tenant is applying for this credit ● Enter the Premises Number from Page 2 LINE 15 - TAX DUE BEFORE CREDIT that is equal to the gross receipts or sales of at the top of the column for Premises for Multiply line 14 amounts by 6% and enter the individual, trust, estate, partnership, asso- which you are claiming the credit. the result on line 15. This is your tax due be- ciation, company or corporation minus re- ● fore the tax credit. The total of line 15 turns and allowances, minus the cost of goods Complete either lines 3a and 3b OR 4a should equal the amount calculated as tax plus the amount of any dividends, interest, and 4b. due on line 2, page 1 of the form. gross rents , gross royalties, capital gain net ● income, net gain or loss from the sale of busi- Line 3a: If your “Base Rent Before Rent LINE 16 - TAX CREDIT ness property, net farm profit or loss, ordinary Reduction” is less than $500,000, enter Compute your tax credit using the Tax Credit income or loss from other partnerships, es- the amount here. Computation Worksheet provided at the bot- tates or trusts or other income or loss. ● Line 3b: Your Rent Factor is 1. tom of page 2 of the form and enter the re- sult on line 16. Transfer the total of line 16 to When calculating “Total income” refer to the ● Line 4a: If your “Base Rent Before Rent line 3, page 1 of the form. latest federal tax year that ends before June Reduction” is at least $500,000 but less 1, 2022. This will be either the 2021 or 2020 than $550,000 enter the amount here. LINE 17 - SMALL BUSINESS TAX return depending on the end of the fiscal or CREDIT calendar year. ● Line 4b: Calculate your rent factor by Use the worksheet on page 3 of the form to subtracting the amount you have entered calculate the Small Business Tax Credit. Example: Corporation A which is engaged on line 4a from $550,000 and dividing the Transfer the total of line 17 to page 1, line 4 in running a hardware store rents premises difference by 50,000. Your Rent Factor of the form. for which it would like to claim a small will be a decimal value greater than zero business tax credit for the tax period begin- and less than one. Calculate your Rent SMALL BUSINESS TAX CREDIT ning June 1, 2022 and ending May 31, 2023. Factor to two decimal places. WORKSHEET INSTRUCTIONS It files its federal tax return on Form 1120 Beginning on June 1, 2018, taxpayers may on a fiscal year basis ending on June 30th. Example: claim the Small Business Tax Credit. The In order to be eligible for the small business Base Rent = $537,500 credit effectively exempts tenants with tax credit, the amount of its total income on ($550,000 – 537,500) = $12,500 “Total Income” as defined below of line 11 of its Federal Tax return filed on 12,500/50,000 $5,000,000 or less AND annual “Base Rent Form 1120 for 2020 must be less than $10 Rent Factor = 0.25 Before Rent Reduction” of less than million. $500,000 from the Commercial Rent Tax. ● Enter your Rent Factor on line 4b Small Other taxpayers with “Total Income” of more Income Factor Calculations Business Tax Credit Calculation than $5,000,000 but less than $10,000,000 Complete either lines 1a and 1b OR lines 2a and annual “Base Rent Before Rent Reduc- and 2b. ● Line 5a: Enter the tax due from page 2, tion” of less than $550,000 receive a sliding line 15. scale credit against the tax. Taxpayers with ● Line 1a: If your total income is “Total Income” equal to or more than $5,000,000 or less, enter the amount here. ● Line 5b: Enter your Tax Credit from the $10,000,000 OR annual “Base Rent Before Tax Credit Computation Worksheet on Rent Reduction” equal to or more than ● Line 1b: Your Income Factor is 1. page 2. $550,000 are not eligible for this credit. Tax- ● payers with multiple premises and “Total In- ● Line 2a: If your total income is more than Line 5c: Subtract line 5b from line 5a and come” of less than $10,000,000 may be $5,000,000 but less than $10,000,000, multiply the difference by your Income eligible for this credit with respect to some enter the amount here. Factor from line 1b or 2b and by your of their premises while ineligible with re- Rent Factor from line 3b or 4b. Enter the spect to others. ● Line 2b: Calculate your Income Factor by value here, on page 2, line 17 and include on page 1, line 4. |
Instructions for Form CR-A for the Period of June 1, 2022 to May 31, 2023 ONLY Page 7 Note: If you are using the WEB-based for the year equals 75% of the full tax re- LINE 11 - TOTAL REMITTANCE DUE spreadsheet, all calculated fields are auto- quired to be paid for the tax year. The in- 1. To obtain the total amount due (line 11), matically completed. terest must be paid with the annual return. add line 8 and line 9. However, if line 7 If the tax payable with the annual return is does not exceed the sum of lines 6 and 9, PAGE 1 not paid by the due date, interest on the to obtain the total amount due, add lines 6 Computation of Tax amount of the underpayment must be paid and 9 and subtract line 7. from the due date of the annual return to the LINE A - PAYMENT date paid. For calculation of interest, call the 2. Make your check payable to the order of: Enter the amount of payment remitted with Customer Assistance number given under NYC Department of Finance this return in the space provided. that heading. Interest amounting to less than $1 need not be paid. Enter the amount of payment remitted with LINES 1 AND 2 - this return on line A in the space provided. COMPUTATION OF TAX DUE Additional Charges Enter the number of taxable premises you a) A late filing penalty is assessed if you CUSTOMER ASSISTANCE have occupied or used during the tax period fail to file an annual return when due, If you have a Commercial Rent Tax-related in the appropriate columns on lines 1 and 2. unless the failure is due to reasonable question or concern, please call 311. cause. For every month or partial month Enter on lines 1 and 2, whichever applies, that this form is late, add to the tax (less You can receive information or contact us by your base rent totals for all premises in each any payments made on or before the due visiting the Department of Finance’s Internet class calculated on lines 13 and 14 from date) 5%, up to a total of 25%. web site at nyc.gov/finance. page 2. Multiply “total base rent” on line 2 by the tax rate of 6% and enter the result in b) If the annual return is filed more than DID YOUR MAILING ADDRESS CHANGE? the column under “tax due.” This amount 60 days late, the penalty imposed under If so, please visit us at nyc.gov/finance and should equal the total tax due before credit a will not be less than the lesser of (1) click “Update/Change Business Name or of all the premises on line 15 from page 2. $100 or (2) 100% of the amount re- Address” in the blue “BUSINESS IN- quired to be shown on the form (less COME & EXCISE TAXES” box. This will LINE 3 - TAX CREDIT any payments made by the due date or bring you to the “Business Name / Address Enter the total amount of tax credits of all credits claimed on the return). Update ” page. the premises from page 2, line 16. c) A late payment penalty is assessed if PRIVACY ACT NOTIFICATION LINE 4 - SMALL BUSINESS TAX you fail to pay the tax shown on this The Federal Privacy Act of 1974, as CREDIT form by the prescribed filing date, un- amended, requires agencies requesting So- Enter the total amount of tax credit of all less the failure is due to reasonable cial Security Numbers to inform individuals premises from page 2, line 17. cause. For every month or partial from whom they seek this information as to month that your payment is late, add to whether compliance with the request is vol- LINE 5 - PAYMENTS the tax (less any payments made) 1/2%, untary or mandatory, why the request is Enter on line 7 the payments you have pre- up to a total of 25%. being made and how the information will be viously made with your quarterly returns used. The disclosure of Social Security (Forms CR-Q). d) The total of the additional charges in a Numbers by taxpayers is mandatory and is and cmay not exceed 5% for any one required by section 11-102.1 of the Admin- LINE 8 - BALANCE DUE month except as provided for in b. istrative Code of the City of New York. Dis- If line 7 is less than line 6, deduct line 7 from closure by subtenants is voluntary. Such line 6. The result will be your balance of tax e) If a tenant, exempt from tax because numbers disclosed on any report or return due for the tax year, which you will enter on the rent for the entire year is less than are requested for tax administration purposes line 8. the applicable threshold amounts, fails and will be used to facilitate the processing to file an annual return if required, a of tax returns and to establish and maintain a If line 7 is greater than the sum of lines 6 penalty of $100 may be imposed. uniform system for identifying taxpayers and 9, skip this line. See line 10 instruc- who are or may be subject to taxes adminis- tions. LINE 10 - OVERPAYMENT/REFUND tered and collected by the Department of Fi- Complete this line if line 7 is greater than nance. Such numbers may also be disclosed LINE 9 - INTEREST/ADDITIONAL the sum of lines 6 and 9. If line 7 is greater as part of information contained in the tax- CHARGES than the sum of lines 6 and 9, deduct the payer’s return to another department, person, Enter any interest and/or penalty on line 7. sum from line 7 and enter the result on line agency or entity as may be required by law, 10. or if the taxpayer gives written authorization Interest to the Department of Finance. If the tax due with a quarterly return is not Note: If you wish to claim a refund for a filed with the Department of Finance on or prior tax period , file an amended return before the due date of the quarterly return, using the appropriate form for that period interest must be paid on the amount of the showing the adjusted information. Mail the underpayment from the due date until the amended return to the address indicated in earlier of (1) 20 days after the end of the tax “When and Where to File” on page 4. year, or (2) the date as of which the tax paid CRA Instructions 2022/23 |