Department of Taxation and Finance IT-204-I Instructions for Form IT-204 Partnership return and related forms For 2020: • Empire State film production and Empire State film post-production tax credits General changes Several amendments were made to these credits. See • Decoupling from certain federal provisions Form IT-248, Empire State Film Production Credit, For tax years beginning before January 1, 2021, the Form IT-261, Empire State Film Post-Production Credit, and 2020-2021 New York State budget (Part WWW of Chapter 58 their instructions. of the Laws of 2020) decoupled personal income tax from any • Excelsior jobs program tax credit amendments made to the Internal Revenue Code (IRC) after This credit has been extended through tax year 2039. In March 1, 2020. This includes changes made by the federal addition, enhancements have been made to the program Coronavirus Aid, Relief, and Economic Security (CARES) to add tax credits for green projects aimed at reducing Act and any other federal changes to the IRC. Therefore, any greenhouse gas emissions and supporting the use of clean amendments made to the IRC after March 1, 2020 will not energy. For more information on this credit, visit the Empire apply to New York State or New York City personal income State Development website at www.esd.ny.gov. tax. See Form IT-558, New York State Adjustments Due to Decoupling from the IRC, and its instructions. New credits • START-UP NY program applications • Employer-provided childcare credit The application deadline for businesses that want to Beginning with tax year 2020, there is a credit available to participate in the START-UP NY program has been taxpayers who are allowed the federal employer-provided extended to December 31, 2025. For more information on childcare credit under Internal Revenue Code section 45F. this program, visit the Empire State Development website See Form IT-652, Employer-Provided Childcare Credit, and its at www.esd.ny.gov and see TSB-M-13(7)C, (6)I, (11)M, instructions. (1)MCTMT, (7)S, SUNY Tax-Free Areas to Revitalize and Transform Upstate New York Program. • Recovery tax credit • New York call center jobs act Beginning with tax year 2020, there is a credit available to businesses hiring eligible individuals in recovery from a As of June 30, 2020, an employer intending to relocate a substance use disorder for part-time and full-time positions in call center or 30% or more of their call center employees New York State. See Form IT-651, Recovery Tax Credit, and from New York to a foreign country must notify the New York its instructions. State Department of Labor (DOL) at least 90 days prior to the move. The Commissioner of DOL will annually compile a list of call center employers that have relocated and post the list on DOL’s public website and provide a copy of the list to the Commissioner of Taxation and Finance. A call center employer that appears on the annual list will have several tax credits denied by the Commissioner of Taxation and Finance for the five tax years, excluding short tax years, immediately succeeding the tax year the call center employer appears on the annual list, provided the agreement for the tax credit was entered into after June 30, 2020. Changes to existing credits • Rehabilitation of historic properties credit For tax years beginning on or after January 1, 2020, the credit has been expanded to include a qualified rehabilitation project undertaken within a state park, state historic site, or other land owned by the state, that is under the jurisdiction of the Office of Parks, Recreation and Historic Preservation. See Form IT-238, Claim for Rehabilitation of Historic Properties Credit, and its instructions. • Hire a veteran credit This credit has been extended through December 31, 2021. See Form IT-643, Hire a Veteran Credit, and its instructions. • Long-term care insurance credit For tax years beginning on or after January 1, 2020, the credit has been amended to allow a taxpayer (including nonresident and part-year resident taxpayers) to claim the credit only if the taxpayer’s New York adjusted gross income is less than $250,000. The amendment also provides that the credit cannot exceed $1,500. See Form IT-249, Claim for Long-Term Care Insurance Credit, and its instructions. |
Page 2 of 30 IT-204-I (2020) Instructions for Form IT-204 Form IT-204-CP for each corporate partner that is taxable under General information Article 9-A. Submit a statement with your return indicating the following: Purpose of Form IT-204 Use Form IT-204 to report income, deductions, gains, losses, • The partnership has no income derived from New York and credits from the operation of a partnership for calendar sources. year 2020, or other tax year beginning in 2020. All items • All other Article 22 partners in the partnership are reported on Form IT-204 or on documents included with it are nonresidents of New York State. subject to verification, audit, and revision by the New York State • There are a total of nonresident partners. Tax Department. • If at any time in the course of an audit it is deemed necessary to have copies of Forms IT-204-IP for nonresident partners, Who must file we will supply this information. Partnerships are not subject to personal income tax. But every partnership having either (1) at least one partner who is an Income from New York State sources includes: individual, estate, or trust that is a resident of New York State, 1. income attributable to the ownership of any interest in real or (2) any income, gain, loss, or deduction from New York State property located in New York State (including all or a portion sources, must file a return on Form IT-204, regardless of the of the gain or loss from the sale or exchange of an interest in amount of its income (see Specific instructions on page 4). an entity if the entity owns real property in New York State, Otherwise, New York State law does not currently require a or owns shares of stock in a cooperative housing corporation partnership to file a return solely because it has a partner that where the cooperative units relating to the shares are located is either a partnership or corporation formed under the laws of in New York, provided that the sum of the fair market values New York State, even though the partner may be responsible for of such real property, cooperative shares, and related filing its own return with New York State. cooperative units equals or exceeds 50% of the fair market In addition to the information reported on Forms IT-204-IP and value of the assets the entity has owned for at least two IT-204-CP, the partnership must report to each partner any years as of the date of the sale or exchange; for additional additional information the partner needs for filing. information, see TSB-M-18(1)I, Definition of New York Source Income of a Nonresident Individual Expanded), or tangible personal property located in New York State; Tiered partnerships (Regulation section 137.6) If your partnership is a partner in another partnership 2. income attributable to the ownership of any interest in (hereinafter referred to as the lower tier partnership), the source intangible personal property to the extent that it is used in a and character of the distributive share of each item of your business, trade, profession, or occupation carried on in New partnership to any partner of your partnership that is attributable York State; to the lower tier partnership retains the source and character 3. income attributable to a business, trade, profession, or determined at the level of the lower tier partnership. Such source occupation carried on in New York State; and character are not changed by reason of the fact that any 4. any gain from the sale, transfer, or other disposition of shares such item flows through your partnership to such partner. of stock in a cooperative housing corporation in connection Example: Partnership A was a partner in another partnership, B. with the grant or transfer of a proprietary leasehold, when A is referred to as the upper tier partnership while B is referred the real property comprising the units of such cooperative to as the lower tier partnership. P was a nonresident individual housing corporation is located in New York State, whether or partner of A. not connected with a business; and 5. any gain recognized by you for federal income tax purposes Partnership A was not engaged in a trade or business in from the sale or transfer of a partnership interest, where the New York but partnership B was. Even though partnership A sale or transfer: was not carrying on business in New York, it had New York source income from the distributive shares it received from • is subject to the provisions of Internal Revenue Code (IRC) partnership B. The source and character of each item that section 1060, and partnership A received from partnership B retains the source and • occurred on or after April 10, 2017. character determined at the level of partnership B. For instance, The amount of the gain to be included in New York source if P was a partner of A, and A was a partner of B, nonresident income is determined in a manner consistent with the individual partner P would allocate its share of the NY income applicable methods and rules for allocation under Article 22 from B at B’s business allocation percentage. Further, if A was in the year that the assets were sold or transferred (for engaged in a trade or business in NY, then P would allocate its additional information, see TSB-M-18(2)I, Nonresident share of A’s income using A’s business allocation percentage Partner’s Treatment of Gain or Loss on Certain Sales or and P would allocate its share of B’s income (which flows to A) Transfers of a Partnership or Membership Interest). at B’s business allocation percentage. This allocation method should be reflected on Forms IT-204 and IT-204-IP. A partnership carries on a business, trade, profession, or occupation within New York State if (1) it maintains or operates an office, shop, store, warehouse, factory, agency, or other Partnerships with no New York source income place in New York State where its affairs are systematically that have resident partners and regularly carried on, or (2) it performs a series of acts or If you have no New York source income and are filing a return transactions in New York State with regularity and continuity for specifically because you have an Article 22 New York resident livelihood or profit, as distinguished from isolated or incidental partner, complete the entire Form IT-204 with the exception of transactions. Section 10. If you have any corporate partners taxable under Article 9-A, or you have any partners that are partnerships or LLCs, you must also complete Form IT-204.1. Submit a Other forms you may have to file Form IT-204-IP for each Article 22 resident partner (you do Form IT-204-LL, Partnership, Limited Liability Company, and not have to submit Form IT-204-IP for nonresident partners) Limited Liability Partnership Filing Fee Payment Form – and for each partner that is a partnership or LLC. Submit a |
Instructions for Form IT-204 IT-204-I (2020) Page 3 of 30 You must file Form IT-204-LL and pay a New York State filing fee Form IT-558, New York State Adjustments Due to if you are: Decoupling from the IRC – To report the partnership’s addition • a limited liability company (LLC) that is a disregarded entity for and subtraction adjustments made as a result of decoupling federal income tax purposes that has income, gain, loss, or from changes made to the IRC after March 1, 2020. For more deduction from New York State sources; or, information, see Form IT-558-I, Instructions for Form IT-558. The partnership should only adjust for items that are included in the • a domestic or foreign LLC (including limited liability investment partnership’s ordinary business income (loss) and should not company (LLIC), limited liability trust company (LLTC)), or adjust items that will flow to the partners as separately stated limited liability partnership (LLP) that is required to file a New items. Separately stated items will be adjusted as required at the York State partnership return and that has income, gain, loss, partner level. or deduction from New York State sources; or, • a regular partnership that is required to file a New York partnership return that has income, gain, loss, or deduction When to file from New York State sources, and had New York source gross Returns for calendar year 2020 are due March 15, 2021. income in the preceding tax year of at least $1 million. Fiscal-year returns are due the 15th day of the third month after the end of the tax year. For more information, see the instructions for Form IT-204-LL. If a partnership is terminated and completely liquidated during Forms IT-2658, Report of Estimated Tax for Nonresident its normal tax year, resulting in an accounting period of less than Individual Partners and Shareholders, and CT-2658, 12 months for federal income tax purposes, the return is due Report of Estimated Tax for Corporate Partners – Tax Law the 15th day of the third month after the end of the accounting section 658 requires the following entities that have income period. derived from New York State sources to make estimated tax payments on behalf of partners who are nonresident individuals Use the same accounting period and method for Form IT-204 as or C corporations (any corporation other than a federal you use for federal Form 1065. If you change your partnership’s S corporation): tax year or accounting method for your federal return, do the same on your Form IT-204. • partnerships (other than publicly traded partnerships as defined in IRC section 7704) Note: The 2020 Form IT-204 may also be used for a tax year • LLCs or LLPs that are treated as partnerships for federal beginning in 2021 if: income tax purposes • the partnership has a tax year of less than 12 months that begins and ends in 2021; and For more information, see the instructions for Form IT-2658 and Form CT-2658. • the 2021 Form IT-204 is not available by the time the partnership is required to file its return. However, the In the case of an underpayment of estimated tax by the partnership must show its 2021 tax year on the 2020 partnership, a penalty as determined under Tax Law Form IT-204, and incorporate any tax law changes that are section 685(c) will be added to the estimated tax required effective for tax years beginning after December 31, 2020. to be paid. For more information, see the instructions for Form IT-2659, Estimated Tax Penalties for Partnerships and The current year tax forms are generally available by New York S Corporations. December 15th of that calendar year. Check the Tax Department website (see Need help?) for the current year’s tax forms. Form Y-204, Yonkers Nonresident Partner Allocation – Every partnership doing business in Yonkers and having Extension of time to file a partner who is a nonresident of Yonkers must complete If you need an extension of time to file, you may request an Form Y-204 and, show the net earnings from self-employment. automatic extension by the due date of Form IT-204. For an online application for an automatic extension of time to New York City unincorporated business tax file Form IT-204 visit our website (at www.tax.ny.gov) . If you These instructions apply to the New York State partnership prefer, you may file Form IT-370-PF, Application for Automatic return only. They do not apply to the New York City Extension of Time to File for Partnerships and Fiduciaries. unincorporated business tax, which is administered by the New York City Department of Finance. Visit the New York City Department of Finance website at www.nyc.gov/dof. For Amended return, superseding return, or more information, see the instructions for Form NYC-204, federal change Unincorporated Business Tax Return for Partnerships (including Limited Liability Companies). Form IT-204 must include the same information reported on federal Form 1065, U.S. Return of Partnership Income, Form CT-33-D, Tax on Premiums Paid or Payable to an including any amended and superseding returns and any Unauthorized Insurer – If you purchase or renew a taxable amended and superseding federal Schedules K-1. insurance contract directly from an insurer not authorized to transact business in New York State under a certificate of You must file an amended New York State partnership return authority from the Superintendent of Financial Services, you may if you file an amended or superseding federal partnership be liable for a tax of 3.6% of the premium. For more information, return, or if a federal audit of the partnership return changes see Form CT-33-D, Tax on Premiums Paid or Payable to an any item of income or deduction previously reported to the Unauthorized Insurer for Taxable Insurance Contracts with an Internal Revenue Service (IRS). You must file the amended Effective Date on or after July 21, 2011. New York State partnership return within 90 days of the date Form IT-225, New York State Modifications – To report the the federal amended or superseding partnership return is filed partnership’s addition and subtraction modifications that are to or, in the case of a federal audit, within 90 days after the final be added to or subtracted from the partners’ federal adjusted determination of the change. Submit a copy of the federal report gross incomes (AGIs) on the partners’ New York State income of examination changes and a signed statement indicating you tax returns in arriving at the partners’ New York AGIs. For more concede the federal audit changes. If you do not concede the information, see Form IT-225-I, Instructions for Form IT-225. federal audit changes, include a signed statement explaining why. |
Page 4 of 30 IT-204-I (2020) Instructions for Form IT-204 You must also file an amended Form IT-204, IT-204-IP or Do not make any entry in areas that do not apply to you unless IT-204-CP as applicable, and IT-204.1 to correct any error on these instructions specifically direct you to do so; treat blank the original New York State partnership return, whether or not lines as zeros. an amended or superseding federal partnership return was filed for that year. Be sure to provide any amended copies of Mark an X to fill in boxes as appropriate. Do not use a check Form(s) IT-204-IP and IT-204-CP to all applicable partners. mark. Keep your Xs and numerals inside the boxes. Be careful not to touch any box line. To amend your original Form IT-204, get a blank Form IT-204 for the tax year to be amended and mark the Amended return box For example, if your entry for line 1 is $23,750,500 your money at item C. Complete the entire Form IT-204, and Form IT-204.1 field entry on line 1 should look like this: if applicable, entering the corrected information, and include an 2 3 7 5 0 5 0 0 explanation of the changes. If you are amending any credit claim 1 form or other form, or are using any credit claim form or other If you need to show a loss, place a minus sign immediately form for the first time, write Amended across the top of that form to the left of the loss amount. Do not use [ ] brackets or and submit it with your amended return. Any other credit claim parentheses. For example, a business loss of $1,024 on line 6 form or other form that you submitted with your original return should look like this: must also be submitted with your amended return. If a Form IT-204-IP or IT-204-CP contained an error, but – 1 0 2 4 6 there are no changes to your original filed Form IT-204, submit a completed Form IT-204 with the Amended return Specific instructions box marked at item C and submit with the return any Form IT-204-IP or IT-204-CP that you are amending. Only Partnerships with New York source income must complete and submit the Form(s) IT-204-IP or IT-204-CP that are being file the entire Form IT-204. Partnerships must also file specific amended, and mark the Amended K-1 box at the top of each forms for each partner. See Additional forms that must be filed in form. Section 1 on page 5. Partnerships with no New York source income that have resident Penalties partners must complete and file Form IT-204, with the exception A penalty is imposed against the partnership if the partnership of Section 10. For more information, see the instructions under is required to file a partnership return and (1) fails to file the Partnerships with no New York source income that have resident return on time, including extensions; (2) files a return that fails to partners on page 2. show all the information required; or (3) fails to file an amended partnership return within 90 days of the date the final federal All information on Form IT-204 should be for the calendar year determination or disallowance is issued or when the federal January 1 through December 31, 2020, or for a tax year of the amended partnership return is filed, unless the failure is due to partnership that began in 2020. If filing for a tax year other than reasonable cause and not due to willful neglect. a calendar year, enter the month and day the tax year began, and the month, day, and year that it ended at the top of page 1. The penalty for each month or fraction of a month (for a maximum of five months) that the failure continues is $50 Name and address box multiplied by the total number of persons who were partners in Enter in the spaces at the top of the return the exact legal the partnership during any part of the partnership’s tax year for name, trade name (if any), and address of the partnership. The which the return is due. In counting the number of partners for legal name is the name in which the business owns property or purposes of this penalty, include only individuals, estates, and acquires debt. Enter the trade name or d/b/a (doing business as) trusts subject to tax under Article 22. Do not include corporations name if different from the legal name. Also enter the business’s or partnerships. employer identification number (EIN), principal business activity, principal product or service, and date the business was started. Where to file Mail your return to: NAICS business code number STATE PROCESSING CENTER Enter the six-digit NAICS business activity code number from PO BOX 15198 Publication 910, NAICS Codes for Principal Business Activity for ALBANY NY 12212-5198 New York State Tax Purposes. Private delivery services – See Publication 55, Designated Private Delivery Services. Special conditions for filing your 2020 tax return If the partnership qualifies for one or more of the special Using software? conditions below, enter the specified 2-character code(s) on the You must e-file if your software allows you to e-file your return, return. or if you are a tax preparer who is subject to the e-file mandate. Code A6 Build America Bond (BAB) interest – Enter this E-file is easy, safe, and allows you to get your refund faster. Visit code if the partnership included BAB interest in ordinary income. our website at www.tax.ny.gov for more information. For more information, see TSB-M-10(4)I, Treatment of Interest Income from Build America Bonds, available on our website, and How to fill in the forms see Form IT-225-I. Follow these guidelines. Enter this code for partnerships Code E3 Out of the country – Use black ink only (no red or other color ink or pencils) to print or that keep their records and books of account outside the United type all entries. States and Puerto Rico and qualify for an automatic two-month extension of time to file their federal returns. For more Do not write in dollar signs, commas, or decimal points when information, see When to file on page 3. making entries. All necessary punctuation has been printed on the form and amounts are rounded to dollars only. |
Instructions for Form IT-204 IT-204-I (2020) Page 5 of 30 Section 1 – Partnership information A partnership that is registered, or required to be registered, for sales tax purposes, must pay its sales and use taxes on Additional forms that must be filed the partnership sales tax return for purchases made by the Every partnership must file additional forms depending on the business. type of partner as shown below: A partnership operating in New York State that is not registered or required to be registered for sales tax purposes must report Partner type Form Form Form its sales and use tax liability by filing Form ST-130, Business IT-204-IP IT-204-CP IT-204.1 Purchaser’s Report of Sales and Use Tax. The tax is due within Individual X 20 days of the date of the first taxable use in New York State of the tangible personal property or taxable service. Estate or trust X The following are examples of when a business located in NYS Partnership X X that is not registered or required to be registered for sales and LLC treated as a X X use tax purposes must pay tax directly to the Tax Department. partnership These examples apply when the seller did not collect the NYS Article 9-A X X tax due from the business. corporation • The business buys office supplies in New Jersey and brings them back to New York State for use in the business. LLC treated as X X a corporation • The business orders office equipment through a catalog from a vendor located in Michigan. The equipment is shipped by common carrier to the business in NYS. A partnership with partners that are: • The business sends a fax machine to New Jersey to be • partnerships or repaired. The repaired fax machine is returned by common • LLCs treated as partnerships, carrier to the business in NYS. must provide each partner with both Forms IT-204-IP and • The business takes its computer to Pennsylvania to be IT-204-CP, but it only files Form IT-204-IP with its Form IT-204. repaired. The business then picks it up and returns it to its office in New York State. The business owes tax on the cost Item A –Mark an inXthe Portfolio investment partnership box if of the repairs when it brings the computer back to New York you meet the definition below. State for use in the business. Portfolio investment partnership is defined as a limited • The business purchases and pays sales tax on office partnership which meets the gross income requirement of IRC equipment and supplies in a locality in New York State with a section 851(b)(2). Income and gains from commodities (not lower tax rate than the rate in the locality in New York State described in IRC section 1221[1]) or from futures, forwards, and in which the business is located. When the business brings options with respect to such commodities shall be included in the equipment and supplies to its office, it will owe tax for the income which qualifies to meet the gross income requirement. difference between the rate in the locality where the office The commodities must be of a kind customarily dealt in on an is located and the rate in the locality where the business organized commodity exchange and the transaction must be purchased the equipment and supplies. of a kind customarily consummated at such place, as required by IRC section 864(b)(2)(B)(iii). To the extent that such a For additional information on when a business must pay sales partnership has income and gains from futures, forwards, and compensating use tax directly to the Tax Department, see and options with respect to the commodities, the income and TB-ST-913, Use Tax for Individuals (including Estates and gains must be derived by a partnership which is not a dealer Trusts). in commodities and is trading for its own account as described Item Q – If you marked Yes on federal Form 1065, Schedule B, in IRC section 864(b)(2)(B)(ii). The term portfolio investment then mark an Xin the Yes box. partnership shall not include a dealer (within the meaning of IRC section 1236) in stocks or securities. Item R – Federal Public Law (P.L. 110-343) added section 457A to the IRC to address the taxation of certain nonqualified Item F – Enter the number of partners as applicable on items deferred compensation. F1, F2, and F3 and enter the total number of partners on item F4. Include all partners during the tax year, even if they were If the partnership was required to report any nonqualified no longer partners on the last day of the tax year. If you have deferred compensation on its 2020 federal tax return, as partners who are partnerships or LLCs that are treated as required under IRC § 457A, or if any such amounts flowed partnerships for federal purposes, include them on item F1 in the through to the partnership from another pass-through entity, count for Article 22 partners only. Do not include them on item mark an Xin the Yes box; otherwise mark an in theX No box. F2 in the count for Article 9-A partners. This information must also be reported by the partnership to its partners; see Form IT-204-IP, item P and Form IT-204-CP, Note: Although you must provide the Form IT-204-CP to these item L. partners, only include the Form IT-204-IP for these partners when filing Form IT-204. Third-party designee Item G – If you have any other New York tax accounts, mark If you want to authorize another individual (third-party an Xin the appropriate boxes on lines 1 and 2 and enter the designee) to discuss this tax return with the New York State identification number(s). Tax Department, mark an in the X Yes box in the third-party designee area of your return. Also print the designee’s name, Item P – Mark an inXthe Yes box if the partnership owes NYS phone number, email address, and any five-digit number the sales and compensating use tax. designee chooses as his or her personal identification number (PIN). If you want to authorize the paid preparer who signed your return to discuss the return with the Tax Department, print the preparer’s name in the space for the designee’s name and enter |
Page 6 of 30 IT-204-I (2020) Instructions for Form IT-204 the preparer’s phone number in the space for the designee’s Paid preparer information phone number. You do not have to provide the other information For information relating to the Tax Preparer Registration requested. If you do not want to authorize another person, mark Program, the signing of returns by a paid preparer (anyone you an Xin the No box. pay to prepare your return), e-file mandate for paid preparers, If you mark the Yes box, you are authorizing the Tax Department and other requirements relating to paid preparers, see to discuss with the designee any questions related to this return. Publication 58, Information for Income Tax Return Preparers, You are also authorizing the designee to give and receive and our website. confidential taxpayer information relating to: • this return, including missing information, Section 2 – Federal ordinary business • any notices or bills arising from this filing that you share with income (loss) the designee (they will not be sent to the designee), Transfer the amounts reported on federal Form 1065, page 1, to • any payments and collection activity arising from this filing, the corresponding lines on Form IT-204, Section 2. and Line 26a – If you did not claim any adjustments on Form IT-558, • the status of your return or refund. enter the line 26 amount on line 26a. This authorization will not expire but will only cover matters If you claimed any adjustments on Form IT-558, complete the relating to this return. If you decide to revoke this designee’s worksheet below. authority at any time, call us (see Need help?). Do not leave line 26a blank. You are not authorizing the designee to receive your refund, bind you to anything (including any additional tax liability), or Line 26a worksheet otherwise represent you before the Tax Department. If you want 1 Ordinary business income (loss) reported someone to represent you or perform services for you beyond (from Form IT-204, line 26) ................................. 1 the scope of the third-party designee, you must designate the person using a power of attorney (for example, Form POA-1, 2 Net addition adjustment (from Form IT-204, Power of Attorney). Section 12, line 1) ............................................. 2 3 Add lines 1 and 2 ........................................... 3 Signatures A general partner must sign Form IT-204. 4 Net subtraction adjustment (from Form IT-204, Section 12, line 2) .......................... 4 Enter your daytime telephone number including the area code. This entry will enable the Tax Department to correct minor errors 5 Subtract line 4 from line 3 (Enter here and on or omissions by calling you rather than writing or sending back Form IT-204, line 26a) ....................................... 5 your return. Paid preparer’s signature Section 3 – Cost of goods sold If you pay someone to prepare your return, the paid preparer Transfer the amounts reported on federal Form 1125-A to the must also sign it and fill in the other blanks in the paid preparer’s corresponding lines on Form IT-204, Section 3. area of your return. A person who prepares your return and does not charge you should not fill in the paid preparer’s area. Section 4 – Balance sheets per books Paid preparer’s responsibilities – Under the law, all paid Transfer the amounts reported on federal Form 1065, preparers must sign and complete the paid preparer section of Schedule L, to the corresponding lines on Form IT-204, the return. Paid preparers may be subject to civil and/or criminal Section 4. sanctions if they fail to complete this section in full. When completing this section, enter your New York tax preparer Section 5 – Reconciliation of income (loss) registration identification number (NYTPRIN) if you are required per books with income (loss) per return to have one. If you are not required to have a NYTPRIN, enter Transfer the amounts reported on federal Form 1065, in the NYTPRIN excl. code box one of the specified 2-digit Schedule M-1, to the corresponding lines on Form IT-204, codes listed below that indicates why you are exempt from the Section 5. Be sure to write in the Identify boxes, where provided, registration requirement. You must enter a NYTPRIN or an the type(s) and amount(s) of what is included on that specific exclusion code. Also, you must enter your federal preparer tax line. identification number (PTIN) if you have one; if not, you must enter your Social Security number. If the partnership filed federal Schedule M-3 with federal Form 1065, mark an in theXbox and include a copy of Code Exemption type Code Exemption type the federal Schedule M-3 and any related documents to Form IT-204. Do not complete Section 5. 01 Attorney 02 Employee of attorney 03 CPA 04 Employee of CPA Section 6 – Analysis of partners’ capital 05 PA (Public Accountant) 06 Employee of PA accounts 07 Enrolled agent 08 Employee of enrolled agent Transfer the amounts reported on federal Form 1065, Schedule M-2, to the corresponding lines on Form IT-204, in this 09 Volunteer tax preparer 10 Employee of business Section 6. Be sure to write in the Identify boxes, where provided, preparing that business’ the type(s) and amount(s) of what is included on that specific return line. |
Instructions for Form IT-204 IT-204-I (2020) Page 7 of 30 Section 7 – Partners’ share of income, deductions, etc. Transfer the amounts reported on federal Form 1065, Schedule K to the corresponding lines on Form IT-204, Section 7. Be sure to write in the Identify boxes, where provided, the type(s) and amount(s) of what is included on that specific line. Line 97 – Enter the amount from federal Form 1065, Schedule K, line 11. Line 99 – Enter the total amount from federal Form 1065, Schedule K, lines 13a through 13d. Line 102 – Enter the total amount from federal Form 1065, Schedule K, lines 18a through 18c. Line 105 – Enter the total amount from federal Form 1065, Schedule K, lines 20a through 20c. Section 8 – New York modifications Lines 108 and 110 – Complete Form IT-225 to determine the amounts to enter on these lines. Lines 111 and 113 Use only for modifications that apply to itemized deductions on the individual returns of partners. Exclude any amounts properly reportable on lines 108 and 110. Be sure to enter the corresponding letter and total amount of the addition to or subtraction from itemized deductions. Line 111 – Additions to itemized deductions A Interest expense on money borrowed to purchase or carry bonds or securities whose interest is subject to New York State income tax but exempt from federal income tax, if this interest expense was not deducted on the federal return or subtracted on line 110. B Ordinary and necessary expenses paid or incurred during the tax year in connection with income, or property held to produce income, that is subject to New York State income tax but exempt from federal income tax, if these expenses were not deducted on the federal return or subtracted on line 110. C Amortization of bond premium attributable to the tax year on any bond whose interest income is subject to New York State income tax but exempt from federal income tax, if this amortization was not deducted on the federal return or subtracted on line 110. Line 113 – Subtractions from itemized deductions D State, local, and foreign income taxes (including unincorporated business taxes). E Interest expense on money borrowed to purchase or carry bonds or securities whose interest is exempt from New York State income tax. F Ordinary and necessary expenses paid or incurred in connection with income, or property held to produce income, that is exempt from New York State income tax, but only to the extent deducted in computing your federal taxable income. G Amortization of bond premium attributable to the tax year on any bond whose interest income is exempt from New York State income tax, but only to the extent deducted in computing your federal taxable income. (continued) |
Page 8 of 30 IT-204-I (2020) Instructions for Form IT-204 Section 9 – Other information Enter in column B the portion of column A (if any) that is derived Line 116a – Do not complete this line if the only reason you from or connected to New York State sources. are filing Form IT-204 is because you have a resident partner. Tiered partnerships: Do not include on lines 1 through 13 of Use the worksheet below to compute your modified federal the worksheet income from any partnership in which you are a and New York source gross income for tax year 2020 for use partner. Enter on line 14 the amount that should be shown on in filing Form IT-204-LL fortax year 2021. Enter in column A of line 29a of Form IT-204-IP, New York Partner’s Schedule K-1. the worksheet the amounts for lines 1 through 13 as instructed. Keep this worksheet for your records. You will need it when completing your Form IT-204-LL for 2021. New York source gross income worksheet A – Modified B – New York source Enter 2020 amounts federal gross income gross income 1 Enter the amount from federal Form 1065, line 1c ....................................... 1 2 Enter the amount from federal Form 1065, Schedule K, line 5 ..................... 2 3 Enter the amount from federal Form 1065, Schedule K, line 6a ................... 3 4 Enter the amount from federal Form 1065, Schedule K, line 7 ..................... 4 5 Enter any income (not losses) included on federal Form 1065, Schedule K, line 11 ........................................................................................ 5 6 Add the gain (not loss) amounts from federal Form 8949, column (h), and the gains (not losses) from federal Form 1065, Schedule D, lines 1a, column (h), 4, 5, 8a, column (h), 11, 12, and 14 ............................ 6 7 Add the gain (not loss) amounts on federal Form 4797, column (g), lines 2 through 6, 10, and 13 through 16 ....................................................... 7 8 Enter the amount from federal Form 8825, line 18a ...................................... 8 9 Enter the income (not loss) from federal Schedule F (Form 1040), line 9 ..... 9 10 Enter amount from federal Schedule F (Form 1040), line 1b ........................ 10 11 Enter any income (not losses) included on federal Form 1065, Schedule K, line 3a, not included above ....................................................... 11 12 Enter any income (not losses) included on federal Form 1065, line 4, from estates and trusts not included above ....................................... 12 13 Enter any income (not losses) included on federal Form 1065, line 7, not included above ........................................................................................ 13 14 Enter the New York source gross income as reported by your lower tiered partnership from Form IT-204-IP, line 29a. .................................................... 14 15 Total (add column B, lines 1 through 14); enter the amount here and on Form IT-204, line 116a ................................................................................... 15 Line 116b – MCTD allocation percentage • If the partnership carries on business both in and out of the • If the partnership is doing business only in the MCTD, enter MCTD but does not maintain books and records from which 100%. the MCTD income can be determined, use the worksheet below to compute the percentage to enter on line 116b. • If the partnership maintains separate books and records and they reflect the self-employment income in the MCTD, Transfer the amounts in Section 10, Part 2, column A, of enter on line 116b the percentage of net earnings from Form IT-204, to column A below; and then enter in column B the self-employment allocated to the MCTD. amounts in the MCTD. Refer to the instructions for Section 10, Part 2, and substitute MCTD in place of New York State. Items used as factors A – Totals B – MCTD C – Percent column B in and out of NYS amounts is of column A 1 Real property owned ................................ 1 2 Real property rented from others ............. 2 3 Tangible personal property owned ........... 3 3a Tangible personal property rented from others..................................................... 3a 4 Property percentage (add lines 1 through 3a; see instructions on page 9) ........................ 4 % 5 Payroll percentage (see instr. on page 9) .... 5 % 6 Gross income percentage (see instr. on page 9) 6 % 7 Total of percentages (add lines 4, 5, and 6, column C) ................................................................................. 7 % 8 MCTD allocation percentage (divide total percentages on line 7 by three or by actual number of percentages if less than three; enter here and on line 116b) .......................................................................... 8 % |
Instructions for Form IT-204 IT-204-I (2020) Page 9 of 30 Line 116c – Total receipts from the sale of goods by Line 119 – Real property owned manufacturing Enter in column A the average value of all real property Enter the total receipts from the sale of goods produced by connected with the partnership. Enter in column B the average manufacturing, processing, assembling, refining, mining, value of all real property connected with the partnership located extracting, farming, agriculture, horticulture, floriculture, in New York State. viticulture, or commercial fishing. The average value of the property is determined by (1) adding Note: Receipts from the generation and distribution of electricity, its adjusted basis at the beginning of the tax year to its adjusted the distribution of natural gas, and the production of steam basis at the end of the tax year, and (2) dividing by two. associated with the generation of electricity are not reported on this line. Line 120 – Real property rented from others The value of real property rented to the business, and to be Line 116d – New York adjusted basis of qualified included in line 120, is eight times the gross rent payable during manufacturing property the tax year for which the return is filed. For the definition of Enter the New York adjusted basis of qualified gross rents, see above. manufacturing property at the close of the tax year (see TSB-M-19(5)C, New York State Adjusted Basis for Qualified Line 121 – Tangible personal property owned New York Manufacturers). The term qualified manufacturing Enter in column A the average value (determined in accordance property means property that: with the instruction for line 119) of all tangible personal property • has a situs in New York State; and (including any inventory) owned by the business. Enter in • is principally used by the partnership in the production of column B the average value (determined in accordance with the goods by manufacturing, processing, assembling, refining, instructions for line 119) of tangible personal property located in mining, extracting, farming, agriculture, horticulture, New York State. floriculture, viticulture, or commercial fishing. Line 121a – Tangible personal property rented from others Line 117c – If you checked the Yes box, the name(s) and EINs Enter the value of tangible personal property rented to the of the entity(ies) must be listed in the table below line 117c business. The value of rented tangible personal property is eight regardless of the percentage of ownership interest. times the gross rents payable for tangible personal property during the tax year for which the return is filed. For the definition Section 10 – New York allocation schedule of gross rents, see page 8. Complete Part 1 if the partnership carries on business both in and out of New York State. Enter the exact location of each Line 122 – Property percentage place where the partnership carries on business. Describe each Add lines 119 through 121a in columns A and B and enter each place (for example, branch office, agency, factory), and state total on line 122. Divide the column B total by the column A total whether it is rented or owned by the partnership. and round the result to the fourth decimal place. For example, if the total in column A is $15,000 and the total in column B Complete Part 2 if the partnership carries on business both in is $10,000, divide $10,000 by $15,000 and enter the result and out of New York State but does not maintain books and (0.6667) as a percentage (66.67%) in column C. records from which the New York business income can be determined. Line 123 – Payroll percentage You must still complete Part 2, even though it may not fairly The amounts to be entered on line 123 include wages, and equitably reflect the income from New York and you use salaries, and other personal service compensation, paid only an authorized alternate allocation method. You must include a to employees of the partnership. Do not include payments to detailed explanation of the authorized alternate method used independent contractors, independent sales agents, or the like. to determine the New York income, together with full details of Enter on line 123 in column A the total of such pay to employees any changes increasing or decreasing the amount of New York during the tax year for partnership operations carried on both income computed by the authorized alternate method. in and out of New York State. Enter on line 123 in column B the amount of that pay for operations carried on in New York State. Gross rents, for purposes of computing lines 120 and 121a, Operations are considered to be carried on in New York State if includes: the employee works in or travels out of an office or other place of • any amount payable for the use or possession of real and business located in New York State. If in Section 8, line 110, you tangible personal property, or any part thereof, whether subtracted an amount based on wages not allowed because of designated as a fixed sum of money or as a percentage of a federal credit under IRC section 280C, this change should be sales, profits, or otherwise; reflected here in wages and salaries paid during the year. Divide • any amount payable as additional rent, or in lieu of rent, column B by column A. Round the result to the fourth decimal such as interest, taxes, insurance, repairs, or any other place and enter it as a percentage in column C. amount required to be paid by the terms of a lease or other arrangement; and Line 124 – Gross income percentage • a proportionate part of the cost of any improvement to real The amounts to be entered on line 124 in column A is total or tangible personal property made by or on behalf of the gross sales made, or charges for services performed, by the business that reverts to the owner or lessor upon termination employees, agents, agencies, or independent contractors of of a lease or other arrangement. However, if a building is the partnership in and out of New York State. The amount to be erected on leased land by or on behalf of the business, the entered on line 124 in column B is the part of total gross sales value of the building is determined in the same manner as or charges that represents sales made or services performed if it were owned by the business. The proportionate part of by or through an agency in New York State. This includes sales the cost of an improvement (other than a building on leased made or services performed by employees, agents, agencies, land) is generally equal to the amount of amortization allowed or independent contractors situated at, connected with, or sent in computing New York adjusted gross income, whether the out from offices of the partnership (or its agencies) located in lease does or does not include an option for renewal. New York State. For example, if a salesman working out of |
Page 10 of 30 IT-204-I (2020) Instructions for Form IT-204 the New York office of the business covers the states of New corporate partners, in addition to entering the credit component York, New Jersey, and Pennsylvania, all sales made by him are on line 128, enter code 108 and the cost from Form IT-611, to be allocated to New York State and included on line 124 in line 10; Form IT-611.1, line 18; or Form IT-611.2, line 7 on column B. Divide column B by column A. Round the result to the lines 144a through 144f. fourth decimal place and enter it as a percentage in column C. Line 129 – Enter the total on-site groundwater remediation credit component as shown on Form IT-611, line 24; Form IT-611.1, Section 11 – Partners’ credit information line 16; or Form IT-611.2, line 6. If the partnership has Article 9-A If the partnership (or a partnership of which it was a partner) corporate partners, in addition to entering the credit component is convicted of an offense defined in New York State Penal on line 129, enter code 109 and the cost from Form IT-611, Law Article 200 (Bribery Involving Public Servants and line 18; Form IT-611.1, line 10; or Form IT-611.2, line 4 on Related Offenses) or 496 (Corrupting the Government), or lines 144a through 144f. section 195.20 (Defrauding the Government), you must mark an Xin the Yes box. If the Yes box is marked, the partnership Line 133 – Enter the QEZE employment increase factor is not eligible for any tax credit allowed under Tax Law Article 9, computed on Form IT-604, line 13, or line 46. 9-A, or 33, or any business tax credit allowed under Tax Law Line 134 – Enter the QEZE zone allocation factor computed on Article 22. A business tax credit allowed under Article 22 is a tax Form IT-604, line 19, or line 52. credit allowed to taxpayers under Article 22 which is substantially similar to a tax credit allowed to taxpayers under Article 9-A. Line 135 – Enter the QEZE benefit period factor from Form IT-604, page 3, Benefit period factor table, or line 58. Accumulation distribution credit Note: If the partnership is filing multiple Forms IT-604, Claim for A beneficiary whose New York source income includes an QEZE Tax Reduction Credit, enter the code and credit factors on accumulation distribution from a trust is allowed a tax credit on lines 144g through 144l. The additional codes are as follows: his or her New York State individual income tax return for their share of: Code CF1 – Employment increase factor • New York State income taxes paid by the trust,* and Code CF2 – Zone allocation factor Code CF3 – Benefit period factor • any income tax imposed on the trust by another state, political subdivision within that state, or the District of Columbia on Line 140 – See instructions for item A in Form IT-217-I, income sourced to the other jurisdiction.* However, this credit Instructions for Form IT-217, Claim for Farmers’ School Tax cannot be more than the percentage of tax due determined Credit, to determine the acres of qualified agricultural property to by dividing the portion of the income taxable to the trust in the enter on this line. other jurisdiction and taxable to the beneficiary in New York by the beneficiary’s total New York income. Line 141 – Qualified conservation property is acreage that, during the tax year, is enrolled in or participating in a federal * Note: These amounts should be provided to the beneficiary by environmental conservation acreage reserve program under the trust. Title III of the Federal Agricultural Improvement and Reform Act If the partnership received an accumulation distribution from of 1996. a trust, provide each partner with their share of the taxes paid Line 142 – See instructions for item B in Form IT-217-I to by the trust. There is no code or credit form to complete. The determine the amount of eligible school district property taxes individual partners will use their share of the taxes paid by paid to enter on this line. the trust to compute the accumulation distribution credit on Form IT-201-ATT, line 1, or Form IT-203-ATT, line 2. Line 143 – See instructions for item F in Form IT-217-I to determine the acres of qualified agricultural property converted Other credits to nonqualified use to enter on this line. Enter the brownfield redevelopment tax credit components; Lines 144a through 144f QEZE tax reduction credit factors; the excelsior jobs program tax credit components; and the farmers’ school tax credit information, Enter the amount and code 127 if the partnership made computed at the partnership level, on the appropriate lines. Also contributions to one or more of the following New York enter the START-UP NY tax elimination credit information for Charitable Gifts Trust Fund accounts: the partnership. For all other credits, addbacks of credits, and • Health Charitable Account recaptures, you must enter the 3-digit code number and the • Elementary and Secondary Education Account amount on lines 147 or 148 identifying the credit or addback. A chart with the other credits, addbacks of credits, and recaptures, Enter the amount and code 128 if contributions were made to in addition to the 3-digit codes to enter on lines 147 and 148, is one of the following organizations: found on pages 10 and 11. • Health Research Inc. Note: Submit all credit forms with your Form IT-204. • State University of New York Impact Foundation • Research Foundation of the City University of New York Part 1 – Flow-through credit bases and information If the partnership was a shareholder in a C corporation that has Line 127 – Enter the total site preparation credit component a special gross income from farming election, enter the following as shown on Form IT-611, line 8; Form IT-611.1, line 8; or information, which should have been provided to you by the Form IT-611.2, line 3. If the partnership has Article 9-A corporate C corporation, and codes on lines 144a through 144f: partners, in addition to entering the credit component on • Enter the entire net income amount as reported to you by the line 127, enter code 107 and the cost from Form IT-611, line 2; corporation and code 148. Form IT-611.1, line 2; or Form IT-611.2, line 1 on lines 144a through 144f. • Enter the principal payment amount paid on farm indebtedness as reported to you by the corporation and Line 128 – Enter the total tangible property credit component code 146. as shown on Form IT-611, line 16; Form IT-611.1, line 24; or Form IT-611.2, line 12. If the partnership has Article 9-A |
Instructions for Form IT-204 IT-204-I (2020) Page 11 of 30 • Enter the gross income as reported to you by the corporation Line 150 – Enter the tax year of the START-UP NY business tax and code 149. benefit period (1 through 10) from Form IT-638, START-UP NY • Enter the gross income from farming as reported to you by the Tax Elimination Credit, line D. corporation and code 147. Line 151 – Enter the area allocation factor from Form IT-638, line 6. Part 2 – Flow-through credits, addbacks, and Note: If the partnership is filing multiple Forms IT-638, enter recaptures the code and credit information on lines 144g through 144l. The Line 146a – If the partnership has Article 9-A corporate partners, additional codes are as follows: in addition to entering the amount of credit on line 146a, enter code 212 and the amount of investment credit base (cost or Code SN1 – Certificate number other basis of qualified property purchased excluding R & D Code SN2 – Year of business tax benefit period property) on lines 144a through 144f. Code SN3 – Area allocation factor Line 146b – If the partnership has Article 9-A corporate partners, in addition to entering the amount of credit on line 146b, enter Section 12 – New York adjustments due to code 218 and the amount of R & D investment credit base (cost decoupling from the IRC or other basis of qualified property purchased) on lines 144a If you adjusted your return as a result of decoupling from through 144f. changes made to the IRC after March 1, 2020, enter the net addition adjustment from Form IT-558, line 9, on line 1. Enter the Part 3 – START-UP NY tax elimination credit net subtraction adjustment from Form IT-558, line 18, on line 2. information Line 149 – Enter the certificate number from Form DTF-74, Certificate of Eligibility, issued to the approved START-UP NY business. Lines 147 and 148 – Other flow-through credits, addbacks and recaptures To claim these credits or report these See these forms and Report on Enter code: addbacks and recaptures: their instructions: Form IT-204 line: Alcoholic beverage production credit Beer produced IT-636 Lines 147a-147h 636 Cider produced IT-636 Lines 147a-147h B36 Wine produced IT-636 Lines 147a-147h C36 Liquor produced IT-636 Lines 147a-147h D36 Alternative fuels credit addback on early dispositions IT-253 Lines 148a-148f 253 Alternative fuels and electric vehicle recharging property credit IT-637 Lines 147a-147h 637 Addback IT-637 Lines 148a-148f 637 Brownfield redevelopment tax credit addback IT-611 Lines 148a-148f 171 Brownfield redevelopment tax credit addback IT-611.1 Lines 148a-148f 170 Brownfield redevelopment tax credit addback IT-611.2 Lines 148a-148f 169 Brownfield credit for real property taxes IT-612 Lines 147a-147h 172 Addback for real property taxes IT-612 Lines 148a-148f 172 Brownfield credit for environmental remediation insurance IT-613 Lines 147a-147h 173 Addback for environmental remediation insurance IT-613 Lines 148a-148f 173 Clean heating fuel credit IT-241 Lines 147a-147h 301 Conservation easement credit IT-242 Lines 147a-147h 302 Defibrillator credit IT-250 Lines 147a-147h 250 Economic transformation and facility redevelopment program jobs tax credit Jobs tax credit component IT-633 Lines 147a-147h 633 Investment tax credit component IT-633 Lines 147a-147h B33 Training tax credit component IT-633 Lines 147a-147h C33 Real property tax credit component IT-633 Lines 147a-147h D33 Addback IT-633 Lines 148a-148f 633 Empire State apprenticeship tax credit IT-650 Lines 147a-147h 650 Empire State commercial production credit IT-246 Lines 147a-147h 355 Empire State film post-production credit (current tax year credit) IT-261 (line 7) Lines 147a-147h 356 Empire State film post-production credit (second year credit) IT-261 (line 20) Lines 147a-147h B56 Empire State film post-production credit (third year credit) IT-261 (line 21) Lines 147a-147h C56 Empire State film production credit (current tax year credit) IT-248 (line 7) Lines 147a-147h 248 Empire State film production credit (second year credit) IT-248 (line 9) Lines 147a-147h B48 Empire State film production credit (third year credit) IT-248 (line 10) Lines 147a-147h C48 |
Page 12 of 30 IT-204-I (2020) Instructions for Form IT-204 Empire State jobs retention program credit IT-634 Lines 147a-147h 634 Addback IT-634 Lines 148a-148f 634 Empire State musical and theatrical production credit IT-642 Lines 147a-147h 642 Employee training incentive program IT-646 Lines 147a-147h 646 Employer-provided childcare credit IT-652 Lines 147a-147h 652 Excelsior jobs program tax credit addback IT-607 Lines 148a-148f 607 EZ investment tax credit (and employment incentive credit) Addback on early dispositions IT-603 Lines 148a-148f 163 Employment of persons with disabilities credit IT-251 Lines 147a-147h 251 Farm donations to food pantries credit IT-649 Lines 147a-147h 649 Farm workforce retention credit IT-647 Lines 147a-147h 647 FSI EZ investment tax credit (and employment incentive credit) Addback on early dispositions IT-605 Lines 148a-148f 165 FSI investment tax credit (and employment incentive credit) Addback on early dispositions IT-252 Lines 148a-148f 252 Hire a veteran credit IT-643 Lines 147a-147h 643 Investment credit addback on early dispositions IT-212 Lines 148a-148f 212 Life sciences research and development tax credit IT-648 Lines 147a-147h 648 Low-income housing credit DTF-624 Lines 147a-147h 624 Addback DTF-626 Lines 148a-148f 626 Manufacturer’s real property tax credit IT-641 Lines 147a-147h 641 Addback IT-641 Lines 148a-148f 641 New York youth jobs program tax credit IT-635 Lines 147a-147h 635 QETC capital tax credit DTF-622 Lines 147a-147h 622 Addback on early dispositions DTF-622 Lines 148a-148f 622 QETC employment credit DTF-621 Lines 147a-147h 621 QEZE credit for real property taxes IT-606 Lines 147a-147h 166 Addback IT-606 Lines 148a-148f 166 Recapture of START-UP NY tax benefits IT-645 Lines 148a-148f 645 Recovery tax credit IT-651 Lines 147a-147h 651 Rehabilitation of historic properties credit IT-238 Lines 147a-147h 238 Addback IT-238 Lines 148a-148f 238 Security officer training credit IT-631 Lines 147a-147h 631 Special additional mortgage recording tax credit IT-256 Lines 147a-147h 256 START-UP NY telecommunication services excise tax credit IT-640 Lines 147a-147h 640 Taxicabs and livery service vehicles accessible to persons with disabilities credit (For costs incurred on or after January 1, 2011) IT-236 Lines 147a-147h 236 Workers with disabilities credit IT-644 Lines 147a-147h 644 |
Partnership’s instructions for Form IT-204-IP IT-204-I (2020) Page 13 of 30 Partnership’s instructions for Form IT-204-IP New York Partner’s Schedule K-1 Item H General information Enter the partner’s percentages as reported on federal Partnerships with New York source income must provide Schedule K-1, item J. Form IT-204-IP to each Article 22 partner on or before the day on which the partnership return is required to be filed. Item I Partnerships with no New York source income who are filing Enter the partner’s share of liabilities as reported on federal a return specifically because they have resident partners Schedule K-1, item K. must file and provide Form IT-204-IP only for the resident partners (Form IT-204-IP does not have to be submitted for Item J non-resident partners). However, if a partnership has any partners that are partnerships or LLCs, it must complete and Enter the partner’s capital account analysis as reported on provide both Forms IT-204-IP and IT-204-CP to such partners. federal Schedule K-1, item L. However, enter on lines 2 and The partnership only submits the Form IT-204-IP (and not the 3 of item J, the amount of cash and property contributed by Form IT-204-CP) for such partners with its Form IT-204. that partner to the partnership as included on New York State Form IT-204, Section 6, lines 76 and 77. Enter on line 5 of Partners should obtain a copy of Form IT-204-IP-I, Partner’s item J, the amount of withdrawals and distributions of cash to Instructions for Form IT-204-IP, to help them report on that partner from Form IT-204, Section 6, line 81. Enter on line 6 their personal income tax return the items shown on their of item J, the amount of withdrawals and distributions of property Form IT-204-IP. made to that partner from Form IT-204, Section 6, line 82. Note: The partnership must provide to each partner a statement Item K indicating the partner’s distributive share of contributions to one or more of the following New York Charitable Gifts Trust Fund This item does not apply to partners that are partnerships. If accounts: completing Form IT-204-IP for a partner that is a partnership, leave item K blank. – Health Charitable Account; or – Elementary and Secondary Education Account. Item L If the partner was included on Form IT-203-GR, Group Return Farm donations to food pantries credit for Nonresident Partners, enter the partnership’s special NYS If the partnership claimed a credit on Form IT-649, Farm income tax identification number assigned to the group. Donations to Food Pantries Credit, the partnership must provide to each partner a statement indicating the partner’s distributive Item M share of the amount of qualified donations to a food pantry If this partner is a nonresident individual who submitted a included in the partnership’s charitable contributions amount. Form IT-2658-E, Certificate of Exemption from Partnership or New York S Corporation Estimated Tax Paid on Behalf of Nonresident Individual Partners and Shareholders, that is valid Specific instructions for 2020, mark an inXthe Yes box. If the partner is a resident individual partner, another partnership, or an estate or trust, Partnership’s information leave this item blank. If you marked an in the X Yes box, do not On each Form IT-204-IP, enter the name and EIN of the complete item N or item O. partnership. Item N Item C Enter the amount of estimated tax paid on behalf of Enter the business allocation percentage (BAP) of the the partner from Form(s) IT-2658-NYS, Attachment to partnership from Form IT-204, line 126. Form IT-2658 – Report of Estimated Personal Income Tax for Nonresident Individuals, on lines N1 through N4, and the total If line 126 is blank because your BAP is 100% New York State, amount paid on line N. enter 100%. If line 126 does not fairly and equitably reflect the income from Item O New York and you have included an authorized alternative Enter the amount of estimated MCTMT paid on behalf method of allocation, enter the alternative allocation percentage. of the partner from Form(s) IT-2658-MTA, Attachment to Form IT-2658 – Report of Estimated Metropolitan Commuter If line 126 is blank because the partnership’s books and records Transportation Mobility Tax (MCTMT) for New York Nonresident accurately reflect income earned in New York, leave item C Individual Partners, on lines O1 through O4, and the total blank. amount paid on line O. Partner’s information Item P For the partner for which you are completing this Form IT-204-IP, If you marked an inXthe Yes box on Form IT-204 in item R, enter the partner’s name, address, and identifying number mark an Xin the Yes box here; if you marked an in theX No box (Social Security number or EIN). on Form IT-204 in item R, mark an inXthe No box here. Item F Partner’s share of income, deductions, etc. If the partner is a disregarded entity or grantor trust, enter the partner’s information as reported on federal Schedule K-1, Column B item E; otherwise leave this line blank. Transfer the amounts from the individual partner’s federal Form 1065, Schedule K-1. However, for line 19 of federal |
Page 14 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204-IP Form 1065, Schedule K-1, determine the portion of line 19 that the part of the year in which that person was a member of the represents distributions of cash and marketable securities, partnership. and distributions of other property, and enter this amount(s) on line 17 and line 18 of Form IT-204-IP respectively. Be sure Partner’s share of New York modifications to write in the Identify boxes, where provided, the type(s) and Any of the modifications from Form IT-225 are to be added to or amount(s) of what is included on each specific line. subtracted from each partner’s federal adjusted gross income on the partner’s New York State income tax return, in arriving Column C at the partner’s total New York income. Any of the modifications Enter in column C the amounts from column B that are derived listed under Lines 111 and 113 instructions are to be added to from or connected with New York State sources. (See Income or subtracted from each partner’s itemized deductions on the from New York State sources includes on page 2 ) . partner’s New York State income tax return, in arriving at the partner’s New York State itemized deduction. The partners need If you are doing business entirely within New York State, enter this information to complete their individual tax returns. the amounts from column B in column C. If you are doing business both inside and outside New York Line 20 – New York State additions State, allocate to New York State the federal items of income, Enter in column A on lines 20a through 20f the partner’s gain, loss, and deduction as shown on federal Form 1065, distributive share of the total amount for each addition Schedule K. Use the BAP (item C), the separate book method modification reported on Form IT-225, line 1, column A, and (see Books and records below), or an authorized alternative line 5, column A. Be sure to enter the corresponding number allocation method. However, do not allocate any items of real of the addition next to the letters EA. If you are reporting more property (see Note below). than six addition modifications for the partner, include a separate schedule. Enter in column B, New York State allocated amount, Note: Amounts attributable to real property located in New York the amount of the partner’s modification that relates to income, State are 100% allocable to New York. Amounts attributable to gain, loss, or deduction derived from or connected with New real property located outside New York State are not allocable to York State sources (from Form IT-225, line 1, column B, and New York. line 5, column B). Books and records Line 21 – Enter the column A total of lines 20a through 20f A partnership carrying on business inside and outside of and from any additional schedule(s) (if more than six addition New York State, that maintains books and records from which modifications) on line 21. the New York income of the business can be determined, enters in column C the amount of each item derived from New York Line 22 – New York State subtractions State sources, as determined from the books of account. Enter in column A on lines 22a through 22f the partner’s distributive share of the total amount for each subtraction Authorized alternative allocation method modification reported on Form IT-225, line 10, column A, and If a detailed explanation of an authorized alternative allocation line 14, column A. Be sure to enter the corresponding number method is submitted with Form IT-204, use that method to of the subtraction next to the letters ES. If you are reporting compute the amounts to be entered in column C. more than six subtraction modifications for the partner, include a separate schedule. Enter in column B, New York State allocated amount, the amount of the partner’s modification that relates to Calculation of the partner’s share of income, gain, loss, or deduction derived from or connected with New York modifications and credits New York State sources (from Form IT-225, line 10, column B, You must allocate the partner’s share of a modification or credit and line 14, column B). in accordance with the partner’s distributive share, for federal income tax purposes, of the item to which the modification Line 23 – Enter the column A total of lines 22a through 22f and relates. Where a partner’s distributive share of any such item from any additional schedule(s) (if more than six subtraction is not required to be taken into account separately for federal modifications) on line 23. income tax purposes, the partner’s share of such item must generally be determined in accordance with their share, for Line 24 – Additions to itemized deductions federal income tax purposes, of partnership taxable income and Enter in the Amount column on lines 24a through 24f the loss. partner’s distributive share of the total amount for each addition to itemized deductions reported on Form IT-204, lines 111a Where a partner’s distributive share of an item of partnership through 111f. Be sure to enter the corresponding letter for each income, gain, loss, or deduction is determined for federal income addition in the Letter box. tax purposes by special provision in the partnership agreement with respect to such item, and where the principal purpose of Line 26 – Subtractions from itemized deductions such provision is the avoidance or evasion of tax under this Enter in the Amount column on lines 26a through 26f the article, the partner’s distributive share of such item, and any partner’s distributive share of the total amount for each modification or credit required with respect thereto, must be subtraction from itemized deductions reported on Form IT-204, determined as if the partnership agreement made no special lines 113a through 113f. Be sure to enter the corresponding provision with respect to such item. letter for each subtraction in the Letter box. If the partnership agreement does not provide for the partner’s distributive share of income, gain, loss, deduction, or credit, Partner’s other information determine the partner’s share according to the partner’s interest in the partnership. Line 29a – Partner’s share of New York source gross income You must report to each partner their share of your New York If a partner’s interest changed during the year, determine the source gross income. Enter the partner’s distributive share of distributive share of each partner at the federal level. How the New York source gross income from Form IT-204, line 116a. partnership allocates income (or loss) is also determined at the federal level. Allocate income (or loss) to the partner only for |
Partnership’s instructions for Form IT-204-IP IT-204-I (2020) Page 15 of 30 Line 29b – MCTD allocation percentage of the amount on lines 47a through 47f as reported on Enter the MCTD allocation percentage of the partnership from Form IT-204, lines 144a through 144f. Form IT-204, line 116b. Enter the partner’s distributive share and code 127 if you made contributions to one or more of the New York Charitable Gifts Line 29c – Partner’s share of receipts from the sale of Trust Fund accounts: goods by manufacturing • Health Charitable Account Enter the partner’s share of the total receipts from Form IT-204, line 116c. In addition, you must provide your partner with a • Elementary and Secondary Education Account separate statement that reports any receipts from the generation Enter the partner’s distributive share and code 128 if you made and distribution of electricity that is not included on this line. charitable contributions to: Line 29d – New York adjusted basis of qualified • Health Research Inc. manufacturing property • State University of New York Impact Foundation Enter the partner’s proportionate part of qualified manufacturing • Research Foundation of the City University of New York property from Form IT-204, line 116d. If you are filing multiple Forms IT-604, Claim for QEZE Tax Reduction Credit, and/or Form(s) IT-638 enter the code and the Partner’s credit information partner’s credit information on lines 47g through 47l as reported Part 1 – Flow through credit bases and information on Form IT-204, lines 144g through 144l. Brownfield redevelopment tax credit Part 2 – Flow through credits, addbacks, and Lines 30, 31, and 32 recaptures Enter the partner’s distributive share of any amounts from Lines 48, 49, and 50 Form IT-611 in column A. Enter the partner’s distributive share Enter the partner’s distributive share of the: of any amounts from Form IT-611.1 in column B. Enter the partner’s distributive share of any amounts from Form IT-611.2 • long-term care insurance credit from Form IT-204, line 145 in column C. • investment credit (including the employment incentive credit and historic barn rehabilitation credit) from Form IT-204, Line 30 – Enter the partner’s distributive share of the site line 146a preparation credit component from Form IT-204, line 127. • research and development credit – investment credit from Line 31 – Enter the partner’s distributive share of the tangible Form IT-204, line 146b property credit component from Form IT-204, line 128. Line 51 – For all other credits, you must enter the 3-digit code Line 32 – Enter the partner’s distributive share of the on-site number identifying each credit and the partner’s distributive groundwater remediation credit component from Form IT-204, share of that credit from Form IT-204, lines 147a through 147h. line 129. If you reported a rehabilitation of historic properties credit on Form IT-204, Section 11, Part 2, you must provide to your QEZE tax reduction credit partners a separate statement indicating the project number(s). Lines 36, 37, and 38 The project number is the National Park Services (NPS) number Enter the QEZE employment increase factor, QEZE zone that identifies the rehabilitation project. Project number(s) allocation factor, and QEZE benefit period factor from must be provided for tax credit amounts passed through to Form IT-204, lines 133, 134, and 135. the partnership and for tax credit amounts generated by the partnership. Excelsior jobs program tax credit Line 52 – For all other addbacks of credits and recaptures, you Lines 39 through 42 must enter the 3-digit code number identifying each addback or recapture and the partner’s distributive share of that addback or Enter the partner’s distributive share of the excelsior jobs recapture from Form IT-204, lines 148a through 148f. program tax credit from Form IT-204, lines 136 through 139. Part 3 – START-UP NY tax elimination credit Farmers’ school tax credit information Line 43 – Enter the partner’s distributive share of acres of qualified agricultural property from Form IT-204, line 140. Lines 53, 54, and 55 Enter on these lines the information from Form IT-204, lines 149, Line 44 – Enter the partner’s distributive share of acres of 150, and 151. qualified conservation property from Form IT-204, line 141. You Line 45 – Enter the partner’s distributive share of eligible school must also provide to your partner a separate statement indicating the name of the sponsoring campus, university, or district property taxes paid by the partnership from Form IT-204, college; if you are certified by more than one sponsor, list all line 142. sponsors on such statement. Line 46 – Enter the partner’s distributive share of acres of qualified agricultural property converted to nonqualified use from Partner’s share of New York adjustments due to Form IT-204, line 143. decoupling from the IRC Line 1 – If you adjusted your return as a result of decoupling Other flow-through credit bases and information from changes made to the IRC after March 1, 2020, enter Lines 47a through 47l – If you were a shareholder in a C the partner’s distributive share of the total net addition corporation that has a special gross income from farming adjustment from Form IT-204, Section 12, line 1, in column A. election, enter the code and the partner’s distributive share Using the partnership’s BAP reported in item C, compute the |
Page 16 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204-IP New York State allocated amount of the partner’s distributive share and enter the amount in column B. Line 2 – If you adjusted your return as a result of decoupling from changes made to the IRC after March 1, 2020, enter the partner’s distributive share of the net subtraction adjustment from Form IT-204, Section 12, line 2, in column A. Using the partnership’s BAP reported in item C, compute the New York State allocated amount of the partner’s distributive share and enter the amount in column B. If you adjusted your excess business interest expense or your excess taxable income as a result of decoupling from IRC § 163(j), you must also provide to your partners a separate statement indicating their distributive share of each adjustment. |
Partnership’s instructions for Form IT-204.1 IT-204-I (2020) Page 17 of 30 Partnership’s instructions for Form IT-204.1 New York Corporate Partners’ Schedule K EA-110 Qualified emerging technology investments General information (QETI) – See A-110 addition modification instruction in Form IT-204.1 must be completed and filed by a partnership Form IT-225-I. that has corporate partners filing Form CT-3 or CT-3-S, or included in a combined group filing Form CT-3-A, and by a EA-203 Safe harbor leases – See A-203 addition partnership that has a partner that is a partnership or an LLC. modification instruction in Form IT-225-I. The form reports the aggregate amount, for the partnership as EA-204 Safe harbor leases – See A-204 addition a whole (including amounts from any lower tier partnerships), modification instruction in Form IT-225-I. of certain partnership items. These amounts are then reported by distributive share or proportionate part to the partnership’s EA-207 Taxes related to the farmers’ school tax credit corporate partners (or partners that are partnerships or LLCs) on Enter the total amount of real property taxes paid on qualified Form IT-204-CP, New York Corporate Partner’s Schedule K-1. agricultural property that was deducted by the partnership Submit Form IT-204.1 with your Form IT-204, Partnership in computing its income that flowed through to its corporate Return. partners to the extent the partnership also flowed through the tax credit. A partnership must separately provide to its corporate partners (or partners that are partnerships or LLCs) the partnership’s EA-208 Sport utility vehicle expense deduction – See total amount of New York State and total amount of Metropolitan A-208 addition modification instruction in Form IT-225-I. Commuter Transportation District (MCTD) receipts (including EA-211 Royalty payments made to a related member total amounts from any lower tier partnerships) so that a or members – See A-211 addition modification instruction in corporate partner (at any level in the tier or chain) can include Form IT-225-I. such amounts when making the determination if it is subject to the Article 9-A franchise tax and MCTD surcharge. EA-212 Environmental remediation insurance premiums – See A-212 addition modification instruction in Note: The only items reported on Form IT-204.1 that relate Form IT-225-I. to a corporate partner that is a New York S corporation are lines 34 through 36; Apportionment Part 1, line 1; Apportionment EA-216 Manufacturer’s real property tax – See A-216 Part 2, lines 1 through 53a; and Apportionment Part 2, lines 56 addition modification instruction in Form IT-225-I. through 77. EA-217 START-UP New York excise tax on telecommunication services – See A-217 addition Specific instructions modification instruction in Form IT-225-I. Note: If you have a partner that is a partnership or an LLC, EA-218 Farm donations to food pantries – Enter the you must complete all parts of Form IT-204.1 to ensure that all amount of any deduction for charitable contributions allowed corporate partners in the tier or chain receive the necessary under IRC section 170 to the extent such contributions are information. used as the basis of the calculation of the farm donations to food pantries credit under Tax Law § 210-B(52). Note: Do not include any IRC § 965 amounts on Form IT-204.1. EA-504 Interest on federal, state, municipal, and other obligations not included in FTI (only if your corporate Entire net income (ENI) information when partner is not an alien corporation: see EA-508 if your the corporate partner’s New York tax filing corporate partner is an alien corporation) Enter– all interest status is a C corporation received or accrued from federal, state, municipal, and other The amounts reported on lines 1 and 2 represent additions to, obligations that was exempt from federal income tax. You or subtractions from, federal taxable income (FTI) that New York may deduct from this amount any expenses attributable to C corporations are required to make under Article 9-A. that interest but denied deductibility under IRC section 265. Include a list of items and amounts included on this line. Line 1 – ENI addition modifications EA-505 Certain taxes deducted – Include all taxes Enter in column A any applicable EA number listed below deducted for federal purposes imposed under Article 9 that represents an addition modification to federal taxable (sections 183, 183-a, 184, 184-a), 9-A, 23, and former income (FTI) that a New York C corporation partner is required Article 32. This includes the MTA surcharge. However, do not to make under Article 9-A when computing the partner’s ENI include New York City taxes. Include the amount deducted on the partner’s Form CT-3 or CT-3-A. List the amount of each for taxes paid or accrued to the United States, or any of its addition in column B, and provide the total amount of additions possessions, territories, or commonwealths, other U.S. states on line 1. or their political subdivisions, and the District of Columbia, if the tax or taxes are on or are measured by profits or income, EA-105 Special additional mortgage recording tax or include profits or income as a measure of tax, including Enter the amount of the special additional mortgage recording taxes expressly in lieu of the foregoing. tax deducted by the partnership in computing its income that flowed through to its corporate partners to the extent EA-506 Federal treaty obligations (only if your corporate the special additional mortgage recording tax credit flowed partner is an alien corporation) If– under any provision of through the partnership to such corporate partners. the IRC, your corporate partner is not treated as a domestic corporation as defined in IRC section 7701 enter any of your EA-106 Special additional mortgage recording tax basis income that was exempt for federal purposes under any adjustment –See A-106 addition modification instruction in treaty obligation of the United States, but only if such income Form IT-225-I. would be treated as effectively connected, in absence of |
Page 18 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204.1 such exemption, provided that such treaty obligation does not ES-508 Amounts treated as IRC section 78 dividends preclude the taxation of such income by a state. ES-509 Expenses related to federal treaty obligations EA-507 Federal depreciation – Enter any federal (only if your corporate partner is an alien corporation) If– depreciation amounts (including any disposition adjustments), under any provision of the IRC, your corporate partner is if applicable, from Forms IT-399, New York State Depreciation not treated as a domestic corporation as defined in IRC Schedule, and IT-398, New York State Depreciation Schedule section 7701, enter any of your expenses attributable to for IRC Section 168(k) Property. Submit the form(s) with income that was exempt for federal purposes due to a federal Form IT-204. tax treaty. EA-508 Dividend or interest income received, or accrued, by alien corporations (only if your corporate Assets and liabilities partner is an alien corporation) If–under any provision of Lines 3 through 7 the IRC, your corporate partner is not treated as a domestic corporation as defined in IRC section 7701, enter any part of For a corporate partner, average value is generally computed any of your income from dividends or interest on any kind of quarterly. However, they may use a more frequent basis such stock, securities, or indebtedness, but only if such income is as monthly, weekly, or daily. If their usual accounting practice treated as effectively connected with the conduct of a trade or does not permit a quarterly or more frequent computation of the business in the United States under IRC section 864. average value of assets, they may use a semiannual or annual computation if no distortion of average value results. While you need only report the actual computed average values on lines 3 Line 2 – ENI subtraction modifications through 6, you must supply to your corporate partners on a Enter in column A any applicable ES number listed below that separate statement the information they need to compute the represents a subtraction modification from its FTI that a New average value under the frequency basis they are utilizing for York C corporation partner is required to make under Article 9-A such lines. when computing the partner’s ENI on such partner’s Form CT-3 or Form CT-3-A. List the amount of each subtraction in Line 3 – Total assets column B, and provide the total amount of subtractions on line 2. Enter the value shown on your books in accordance with ES-111 Distributions made to a victim of Nazi generally accepted accounting principles (GAAP). persecution – See S-111 subtraction modification instruction in Form IT-225-I. Line 5 – Real property and marketable securities at fair market value (FMV) ES-115 Qualified emerging technologies investments Enter the FMV of real property and marketable securities (QETI) – See S-115 subtraction modification instruction in Form IT-225-I. included on line 4. The FMV of an asset is the price (without deduction of an encumbrance whether or not the partnership is ES-205 Wage and salary expenses allowed as federal personally liable) at which a willing seller will sell and a willing credits but not as federal expenses – See S-205 purchaser will buy. You can generally find the FMV of marketable subtraction modification instruction in Form IT-225-I. securities from price quotes in financial newspapers. For determination of FMV of real property, see TSB-M-85(18.1)C, ES-208 Safe harbor leases – See S-208 subtraction Valuation of Real Property. modification instruction in Form IT-225-I. Line 6 – Enter the result of adding line 5 to the result of ES-209 Safe harbor leases – See S-209 subtraction subtracting line 4 from line 3. modification instruction in Form IT-225-I. Line 7 – Use the same method of averaging used to determine ES-212 Sport utility vehicle expense deduction average value of assets on line 3. recapture – See S-212 subtraction modification instruction in Form IT-225-I. Lines 8 and 9 ES-215 Refund of certain business tax credits – See The amounts to report are attributable to assets reported on S-215 subtraction modification instruction in Form IT-225-I. line 3, both long and short term. Use the same method of averaging used to determine average value of assets on line 3. ES-216 New York State innovation hot spot program See S-216 subtraction modification instruction in For lines 8 and 9, liabilities directly attributable to an asset are Form IT-225-I. those that were incurred in connection with the acquisition or holding of that asset. ES-501 Refund or credit of certain taxes – Enter the amount of any refund or credit for overpayment of taxes Line 8 – Business capital means all assets other than reported in a prior year on federal Form 1065, line 3, 4, or 7, investment capital and stock issued by the partner, less liabilities that is now properly included in federal ordinary income for not deducted from investment capital. which no exclusion or deduction was allowed in determining federal ordinary income for any prior year. Line 9 – Enter the amount from line 13, column G. ES-504 Receipts from the operation of school buses Items related to investment capital under Enter all receipts from the transportation of pupils, teachers, Article 9-A and others acting in a supervisory capacity to and from school or school activities, minus any deductions allowed These items are needed for the partner to file Form CT-3.1, in computing federal income that are directly or indirectly Investment and Other Exempt Income and Investment Capital. attributable to those receipts. For additional information, see that form and its instructions. ES-507 Allowable New York depreciation – Enter any Lines 10 through 15 allowable New York depreciation amounts (including any Per Tax Law section 208.5(a), the term investment capital means disposition adjustments), if applicable, from Forms IT-399 and investments in stocks that satisfy the definition of a capital asset IT-398. Submit the form(s) with Form IT-204. under IRC section 1221 at all times the partnership owned |
Partnership’s instructions for Form IT-204.1 IT-204-I (2020) Page 19 of 30 such stock during the tax year, are held by the partnership for Column G – Enter for each item of investment capital listed in investment for more than one year, the dispositions of which are, column A the sum of the liabilities directly attributable to it. Use or would be, treated by the partnership as generating long-term the same method of averaging used to determine the average capital gains or losses under the IRC. Stocks acquired on or value of assets in column F. Liabilities directly attributable to after January 1, 2015, at any time after the close of the day on an asset are those that were incurred in connection with the which they are acquired, must have never been held for sale acquisition or holding of that asset. to customers in the regular course of business. Such stocks must be clearly identified in the partnership’s records as stock Parts 3 and 5 held for investment in the same manner as required under IRC Per Tax Law section 208.5(d), if the partnership acquires stock section 1236(a)(1), for the stock of a dealer in securities to be that is a capital asset under IRC section 1221 during the tax eligible for capital gain treatment (whether or not the partnership year and owns that stock on the last day of the tax year, it will is a dealer of securities subject to section 1236). Generally, the be presumed, solely for purposes of determining whether identification must occur before the close of the day on which that stock should be classified as investment capital after it is the stock was acquired, although floor specialists have seven acquired, that the partnership held that stock for more than business days to make the identification. However, for stock one year. However, if the partnership does not in fact own that acquired prior to October 1, 2015, that was not subject to IRC stock at the time it actually files its original return for the tax section 1236(a), such identification must occur before October 1, year in which it acquired the stock, then the presumption in the 2015 (see TSB-M-15(4)C, Investment Capital Identification preceding sentence shall not apply and the actual period of time Requirements for Article 9-A Taxpayers. For stock acquired during which the partnership owned the stock shall be used to by non-dealers after October 1, 2015, see TSB-M-15(4.1)C, determine whether the stock should be classified as investment Additional Investment Capital Identification Periods for Certain capital after it is acquired. Non-dealers for Specified Circumstances that Occur on or After October 1, 2015), to see if additional investment capital If the partnership relies on the presumption in the first sentence identification periods apply. Stock in a corporation that is of the previous paragraph but does not own the stock for conducting a unitary business with the partnership is not more than one year, the partnership must, in the immediately investment capital, and should not be included on lines 10 succeeding tax year, report to its corporate partners the through 15. information in Parts 5 and 6 below. When income or gain from a debt obligation or other security Part 5 cannot be taxed by New York as a result of U.S. Constitutional List all prior year presumed stocks (reported on prior year principles found in decisions of the U.S. Supreme Court, the IT-204.1, Part 3) that did not meet the holding period debt obligation or other security will be included in investment requirement. In column A, provide the name, CUSIP or CINS capital (Tax Law section 208.5(e)). number, and lot number and provide the requested additional Note: This investment capital that generates income claimed not information in all other columns. If more space is needed, submit taxable by New York under the U.S. Constitution may be claimed additional schedules, providing the information. only by entities domiciled outside New York State. Part 6 Parts 1, 2, and 3 The prior year presumed investment income that your Article 9-A If more space is needed, submit additional sheets providing the partners must addback is calculated at the partner level based information in the same format as in each part. on the specific stocks identified in Part 5. Complete Part 1 first, listing all assets owned that generated Line 15 – Enter the requested information for the stocks income being claimed as not taxable by New York under the identified in Part 5, as previously reported on your prior tax year U.S. Constitution. Part 1 applies only to partnerships domiciled Form IT-204.1 on line 22. outside of New York State. Any asset listed in Part 1 cannot also be listed in Part 2 or Part 3. Items related to investment and other exempt In Part 2, list all stocks actually held more than one year that income under Article 9-A meet the qualifications for investment capital at the partnership These items are needed for the partner to file Form CT-3.1. For level; in Part 3, list all stocks presumed held more than one additional information, see that form and its instructions. year, that meet the qualifications for investment capital at the partnership level (see the instructions for Parts 3 and 5). Line 16 – Gross exempt cross-article dividends Enter the gross exempt dividend income received from a Column A – For Part 1, provide identifying information, such corporation, conducting a unitary business with the partnership, as stock name, committee on uniform security identification that is subject to New York State franchise tax under either procedures (CUSIP) or CUSIP international numbering system Article 9 or Article 33, or that would have been taxable under (CINS) number, and lot number; or issuer and maturity date those articles if subject to tax. of bond. For Parts 2 and 3, provide the name, CUSIP or CINS number, and lot number. Line 17 – Gross exempt controlled foreign corporation Column F – Enter the total average fair market value (FMV) (CFC) income of each item listed in column A. On any date, the FMV of Exempt CFC income means the income required to be included stocks, bonds, and other regularly traded securities is the mean in the partnership’s federal total income per IRC section 951(a) between the highest and lowest selling prices. The average received from a corporation that is conducting a unitary business value is generally computed quarterly if your usual accounting with the partnership. practice permits, but you may use a monthly, weekly, or daily average. If your usual accounting practice does not permit a Note: Do not include any IRC section 965 amounts. quarterly or more frequent computation of average FMV, you may use a semiannual or annual computation if no distortion of average FMV results. If the security is not marketable, value it using generally accepted accounting principles (GAAP). |
Page 20 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204.1 Line 18 – Gross exempt unitary corporation dividends developments dedicated to public use or property used on a Enter those dividends not otherwise reported on line 16 from nonprofit basis for residents, and mobile homes not used on a a corporation that is conducting a unitary business with the transient basis; partnership. (v) property acquired through the liquidation of defaulted loans described in item (iv) above; Line 19 – Gross investment income from investments (vi) any regular or residual interest in a real estate mortgage generating income not taxable by New York State under the investment conduit (REMIC), as such term is defined in IRC U.S. Constitution section 860D, but only in the proportion which the assets Enter the income and net gain or loss from a debt obligation of such REMIC consist of property described in any of the or other security that cannot be taxed by New York State as a preceding items, except that if 95% or more of the assets of result of the U.S. Constitutional principles found in decisions of such REMIC are assets described in items (i) through (v), the the U.S. Supreme Court. If the result of summing the applicable entire interest in the REMIC shall qualify; amounts is a net loss, enter the negative amount using a (vii) any mortgage-backed security which represents minus (-) sign. Amounts entered on this line should relate to ownership of a fractional undivided interest in a trust, the assets listed in Part 1. This line applies only if the partnership is assets of which consist primarily of mortgage loans, provided domiciled outside of New York State. that the real property which serves as security for the loans Lines 20 through 22 – To determine the amounts to enter, see is (or from the proceeds of the loan, will become) the type of Items related to investment capital under Article 9-A on page 16. property described in item (iv) and any collateralized mortgage obligation, the security for which consists primarily of Enter on line 20 dividends from investments reported in Part 2. mortgage loans that maintain as security the type of property Enter on line 21 net capital gains or losses from investments described in item (iv); reported in Part 2. If the result of summing the applicable (viii) certificates of deposit in, or obligations of, a corporation amounts is a net loss, enter the negative amount using a organized under a state law which specifically authorizes minus (-) sign. such corporation to insure the deposits or share accounts of member associations; Enter on line 22 dividends from investments reported in Part 3. (ix) loans secured by an interest in educational, health, or welfare institutions or facilities, including structures designed Items related to interest deductions directly or used primarily for residential purposes for students, attributable to investment and other exempt residents, and persons under care, employees, or members of income under Article 9-A the staff of such institutions or facilities; Lines 24 through 31 – For information on how to directly (x) loans made for the payment of expenses of college or attribute interest deductions to the income reported on lines 16 university education or vocational training; through 22, and to business capital, see TSB-M-15(8)C, Direct (xi) property used by your partnership in support of business and Indirect Attribution of Interest Deductions for Article 9-A which consists principally of acquiring the savings of the public Taxpayers. Interest deductions must be attributed, regardless of and investing in loans; whether or not income is earned in a given year. (xii) loans for which your partnership is the creditor and which are wholly secured by loans described in item (iv); and Items related to subtraction modifications for qualified banks (xiii) the value of accrued interest receivable and any loss-sharing commitment or other loan guaranty by a These items are needed for the partner to file Form CT-3.2, governmental agency will be considered part of the basis Subtraction Modification for Qualified Banks. For additional in the loans to which the accrued interest or loss protection information, see that form and its instructions. applies. Line 32 – Qualified residential loan portfolio assets Your partner needs the asset information above for the These assets consist of the assets described in items (i) through purpose of performing a 60% asset test. (xii) below, with the application of the rule in item (xiii). At the election of your partner, the 60% can be applied on the Assets are: basis of the average assets outstanding during the tax year, in lieu of the close of the tax year. Your partner can elect to (i) cash, which includes cash and cash equivalents including compute an average using the assets measured on the first cash items in the process of collection, deposit with other day of the tax year and on the last day of each subsequent financial institutions, including corporate credit unions, quarter, or month, or day during the tax year. This election balances with federal reserve banks and federal home loan may be made annually. You must supply to your partner the banks, federal funds sold, and cash and cash equivalents information the partner needs to perform the test based on the on hand. Cash does not include any balances serving as frequency basis your partner has elected. collateral for securities lending transactions; For purposes of item (iv), if a multi-family structure securing a (ii) obligations of the U.S. or of a state or political subdivision loan is used in part for nonresidential use purposes, the entire thereof, and stock or obligations of a corporation which is an loan is deemed a residential real property loan if the planned instrumentality or a government sponsored enterprise of the residential use exceeds 80% of the property’s planned use U.S. or of a state or political subdivision thereof; (measured, at your partner’s election, by using square footage (iii) loans secured by a deposit or share of a member; or gross rental revenue, and determined as of the time the (iv) loans secured by an interest in real property which is (or loan is made). from the proceeds of the loan, will become) residential real For purposes of item (iv), loans made to finance the property or real property used primarily for church purposes, acquisition or development of land shall be deemed to be and loans made for the improvement of residential real loans secured by an interest in residential real property if property or real property used primarily for church purposes. there is a reasonable assurance that the property will become For purposes of this item, residential real property includes residential real property within a period of three years from single or multi-family dwellings, facilities in residential the date of acquisition of such land; but this does not apply |
Partnership’s instructions for Form IT-204.1 IT-204-I (2020) Page 21 of 30 to any tax year unless, within such three-year period, such are not subject to the MTA surcharge and, as a result, do not land becomes residential real property. For purposes of need you to supply to them MCTD amounts. determining whether any interest in a REMIC qualifies under item (vi), any regular interest in another REMIC held by such The instructions below for Apportionment Part 2 should be read REMIC shall be treated as a loan described in a preceding in conjunction with Form CT-3-I, Instructions for Form CT-3, item under principles similar to the principle of such item (vi), Part 6. except that if such REMICs are part of a tiered structure, they shall be treated as one REMIC for purposes of such item (vi). Apportionment Part 1, lines 3 through 7 Enter the MCTD amounts in column A and the New York State Line 33 – Gross interest income from qualifying loans amounts in column B. Everywhere amounts are not needed for For purposes of these instructions, a qualifying loan is a loan these lines. that meets the following conditions: Average value of real and tangible personal property means the (i) the loan is originated by the qualified community bank or adjusted basis of such property for federal income tax purposes. small thrift institution or purchased by the qualified community However, the partner may make an election to use FMV as the bank or small thrift institution immediately after its origination, value of its real and tangible personal property. in connection with a commitment to purchase made by the bank or thrift institution prior to the loan’s origination; FMV of real and tangible personal property owned means the price (without deduction of an encumbrance whether or not the (ii) the loan is a small business loan or a residential mortgage partnership is personally liable) at which a willing seller will sell loan, the principal amount of which is $5 million or less, and and a willing purchaser will buy. either the borrower is located in this state as determined under Tax Law section 210-A and the loan is not secured by Apportionment Part 1, line 3 – Enter the average value real property, or the loan is secured by real property located in based on the method being used by your partner (adjusted New York. basis or FMV) of real property you owned. Do not include real property and related equipment (except inventoriable goods) A loan that meets the definition of a qualifying loan in a prior that are under construction and are not occupied or used by the tax year (including years beginning prior to January 1, 2015) partnership during construction. Include property or equipment remains a qualifying loan in tax years during and after which under construction that is partially used in the regular course of such loan is acquired by another corporation in the partner’s business of the partnership only to the extent used. combined reporting group under Tax Law section 210-C. Apportionment Part 1, line 4 – Enter the average value Items related to manufacturing of rented real property. The value of rented real property is generally eight times the gross rent payable during the Line 34 – Total receipts from the sale of goods by year covered by this return. Gross rent includes any amount manufacturing payable as rent or in lieu of rent (such as taxes or repairs), and Enter the total receipts from the sale of goods produced by amortization of leasehold improvements that revert to the lessor manufacturing, processing, assembling, refining, mining, at the end of the lease. extracting, farming, agriculture, horticulture, floriculture, viticulture, or commercial fishing. Receipts from such sales Apportionment Part 1, line 6 – Enter the average value based made to your corporate partners must be eliminated. on the method being used by your partner (adjusted basis or FMV) of tangible personal property you owned, such as Note: Receipts from the generation and distribution of electricity, machinery, tools, and implements. Do not include cash, shares the distribution of natural gas, and the production of steam of stock, bonds, notes, credits, evidences of an interest in associated with the generation of electricity are not reported on property, or evidences of credit. this line. Apportionment Part 1, line 7 – Enter the average value of Line 35 – New York adjusted basis of qualified tangible personal property you rented. The value of rented manufacturing property tangible personal property is generally eight times the gross rent payable during the year covered by this return. Enter the New York adjusted basis of qualified manufacturing property at the close of the tax year (see TSB-M-19(5)C). The Apportionment Part 2, lines 1 through 53a – These lines term qualified manufacturing property means property which: represent the types of receipts for which your partner must • has a situs in New York State; and report MCTD, New York State, and Everywhere amounts for apportionment purposes. As a result, you must provide MCTD, • is principally used by you in the production of goods by New York State, and Everywhere amounts for certain of these manufacturing, processing, assembling, refining, mining, lines. See the specific line instructions below for information extracting, farming, agriculture, horticulture, floriculture, regarding when negative amounts should be entered on certain viticulture, or commercial fishing. lines. Apportionment and Metropolitan Commuter For those lines for which your partner’s share of your MCTD, Transportation District (MCTD) information New York State, and Everywhere amounts may simply be reported to such partners, also see Form CT-3-I, Part 6, for If you earned any New York State receipts, column B for specific instructions on how to source the receipts on those Apportionment, Part 2, lines 1 through 53a must be completed lines. In completing column A, read Form CT-3-I, Part 6 following the instructions below. If you earned any MCTD instructions by substituting MCTD for New York State. receipts, column A for such lines must be completed following the instructions below. For those lines for which MCTD, New York State, and Everywhere amounts cannot simply be passed on to your The MCTD includes the counties of New York, Bronx, Kings, partners without special instructions, such instructions Queens, Richmond, Dutchess, Nassau, Orange, Putnam, are provided below, or in the partnership’s instructions for Rockland, Suffolk, and Westchester. Federal S corporations that Form IT-204-CP (beginning on page 23 of these instructions). have made the election to be a New York State S corporation However, you may still need to refer to Form CT-3-I, Part 6 instructions for certain information when completing these lines, |
Page 22 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204.1 such as information concerning marked to market financial Line 21 – In column C (Everywhere), enter the amount instruments, types of financial instruments, sourcing rules, or of summing your gains and losses from sales of other hierarchy methods. asset-backed securities not reported on line 20. If the amount is a loss, enter the negative amount using a minus (-) sign. Also Note: For all lines, all receipts sourced at the partnership level see line 58. are sourced using the general apportionment rules as detailed in the Form CT-3-I, Part 6 instructions; the option to source Lines 22 through 24 – Mark an inXthe box next to receipts from qualified financial instruments (QFIs) under the 8% Section 210-A.5(a)(2)(D) if you marked to market under IRC fixed percentage method election is available at the corporate sections 475 or 1256 any of the financial instruments described partner level only (or at the combined filing level if the corporate on any of lines 22 through 24. partner is included in a combined group filing Form CT-3-A). Line 23 – In column C (Everywhere), enter the amount of Line 3 – If the result of summing the gains and losses for a summing your gains and losses from sales of corporate bonds particular column (column A, B, or C) is a net loss, enter the sold through a registered securities broker or dealer, or through negative amount using a minus (-) sign. a licensed exchange. If the amount is a loss, enter the negative amount using a minus (-) sign. Lines 7 and 7a – For those receipts that you are able to source using either of hierarchy methods 1 or 2, include the MCTD, Line 24 – In column C (Everywhere), enter the amount of New York State, and Everywhere amounts for those receipts summing your gains and losses from sales of corporate bonds on line 7. For those receipts that you are able to source using not sold through a registered securities broker or dealer, or either method 3 or 4, include the MCTD, New York State, through a licensed exchange. If the amount is a loss, enter the and Everywhere amounts of such receipts on line 7a. See negative amount using a minus (-) sign. Also see line 59. Form CT-3-I, Part 6, line 7 for the hierarchy methods. Line 25 – See lines 72 through 77 for the information to report. Line 10 – In column C (Everywhere), enter the amount of summing your gains and losses from sales of loans secured by Line 26 – In column C (Everywhere), enter the result of real property. If the amount is a loss, enter the negative amount summing your interest income and interest expense from federal using a minus (-) sign. Also see line 56. funds. If the amount is a loss, enter the negative amount using a minus (-) sign. Line 11 – Mark an inXthe box if you marked to market under IRC sections 475 or 1256 any loans not secured by real Lines 27 and 28 – Mark an inXthe box next to the Tax Law property. If you mark the box, then you must also mark the box section citation above the line when a financial instrument of the on line 12. type reportable on that line has been marked to market under IRC sections 475 or 1256. Line 12 – Mark an inXthe box if you marked to market under IRC sections 475 or 1256 any loans not secured by real Line 27 – Subtract from your income from sales of physical property. If you mark the box, then you must also mark the box commodities the cost to acquire or produce such commodities. on line 11. Enter the result in column C. If the amount is a loss, enter the negative using a minus (-) sign. Also see line 60. In column C (Everywhere), enter the amount of summing your gains and losses from sales of loans not secured by real Line 28 – Marked to market (MTM) net gains are sourced at the property. If the amount is a loss, enter the negative amount corporate partner level. See the instructions for lines 61 through using a minus (-) sign. Also see line 57. 71, and use lines 61 through 71 to report MTM net gains and losses by type of financial instruments. Lines 13 through 18 – Mark an inXthe box next to Section 210-A.5(a)(2)(B) if you marked to market under IRC Lines 29 through 30f – Mark an inXthe box next to sections 475 or 1256 any of the financial instruments described on Section 210-A.5(a)(2)(H) if you marked to market under IRC any of lines 13 through 18. sections 475 or 1256 any “other” financial instruments that fall under the sourcing rules of Section 210-A.5(a)(2)(H). Mark an Line 16 – If the result of summing the gains and losses for X in the box next to Section 210-A.5(a)(2)(G) if you marked column C is a net loss, enter the negative amount using a to market under IRC sections 475 or 1256 any stock that is minus (-) sign in such column. business capital or any partnership interest in a widely held or publicly traded partnership. Line 17 – In column C (Everywhere), enter 100% of your receipts constituting interest from debt instruments issued by Lines 29 through 30c – Business receipts from “other” financial other states and their political subdivisions. instruments must be reported on a type-by-type basis; such receipts are sourced and netted only with receipts from “other” Line 18 – In column C (Everywhere), enter 100% of the result of financial instruments of the same type. If you have interest, summing your gains and losses from sales of debt instruments gains/(losses) from sales of, or other income/(losses) from, issued by other states and their political subdivisions. If the any “other” financial instruments, you must submit a statement amount is a net loss, enter the negative amount using a providing a breakdown of all such interest, net gains/(losses), minus (-) sign. and net other income/(losses) by line number (lines 29 through Lines 19 through 21 – Mark an inXthe box next to 30c) and by type of other financial instruments. If you have Section 210-A.5(a)(2)(C) if you marked to market under IRC receipts reportable on any of lines 29 through 30c from more sections 475 or 1256 any of the financial instruments described than one type of “other” financial instruments, use an additional on any of lines 19 through 21. such line for each separate type of “other” financial instruments for which you are reporting receipts. Clearly identify each type Line 20 – In column C (Everywhere), enter the amount of of “other” financial instruments for which receipts are being summing your gains and losses from sales of 1) asset-backed reported. Use the specific line instructions below to complete securities, or other securities, issued by government agencies, the statement you must submit. It is an instrument by instrument and 2) sales of asset-backed securities through a registered determination as to when “other” financial instruments are of the securities broker or dealer or through a licensed exchange. If the same type. For lines 29, 30, and 30b you must provide amounts amount is a loss, enter the negative amount using a minus (-) for all columns. For lines 30a and 30c, provide amounts for sign. column C (Everywhere) only. |
Partnership’s instructions for Form IT-204.1 IT-204-I (2020) Page 23 of 30 Line 30 – Use this line to report sales of other financial Line 50 – Enter in column C 100% of the receipts received from instruments of the same type where the purchaser or payor is sales of advertising on television or the radio. not a registered securities broker or dealer, or the transaction is not made through a licensed exchange. In column C Line 51 – Enter in column C 100% of the receipts from the sales (Everywhere), enter the amount of summing your gains and of advertising not reported on either line 49 or line 50 that is losses from all such sales. In column B (New York State), enter furnished, provided, or delivered to, or accessed by the viewer the amount of summing your gains and losses from these sales or listener through the use of wire, cable, fiber-optic, laser, where the purchaser or payor is located in New York State. If the microwave, radio wave, satellite or similar successor media, or result of summing the gains and losses in a particular column any combination of these. (column A, B, or C) is a net loss, enter the negative amount in Line 52 – Enter in column C 100% of the receipts received from the column using a minus (-) sign. the transportation or transmission of gas through pipes. Line 30a – Use this line to report sales of other financial Lines 53 and 53a – For those receipts that you are able to instruments of the same type where the purchaser or payor is source using either of hierarchy methods 1 or 2, include the a registered securities broker or dealer, or the transaction is MCTD, New York State, and Everywhere amounts for those made through a licensed exchange. In column C (Everywhere), receipts on line 53. For those receipts that you are able to enter the amount of summing your gains and losses from all source using either method 3 or 4, include the MCTD, New York such sales. If the result of summing the gains and losses in State, and Everywhere amounts of such receipts on line 53a. column C is a loss, enter the negative amount in column C using See Form CT-3-I, Part 6, line 53 for the hierarchy methods. a minus (-) sign. Line 30b – Use this line to report other income from other Payroll financial instruments of the same type where the payor is not a Line 54 – Everywhere amounts are not needed for this line. In registered securities broker or dealer, or the transaction is not column A, enter the wages, salaries, and other compensation made through a licensed exchange. In column C (Everywhere), of employees (excluding employees having partnership-wide enter the amount of all such other income. In column B (New authority or having responsibility for an entire division of the York State), enter the amount of this income where the payor is partnership) located within the MCTD. Employees within the located in New York State. If the result of summing the income MCTD include all employees regularly connected with or working and losses in a particular column (column A, B, or C) is a loss, out of an office or other place of business you maintained within enter the negative amount in the column using a minus (-) sign. the MCTD, no matter where the services of the employees were performed. Line 30c – Use this line to report other income from other financial instruments of the same type where the payor is a In column B, enter the wages, salaries, and other compensation registered securities broker or dealer, or the transaction is made of employees (excluding employees having partnership-wide through a licensed exchange. In column C (Everywhere), enter authority or having responsibility for an entire division of the the amount of all such other income. If the result of summing partnership) located within New York State. Employees within the income and losses in column C is a loss enter the negative New York State include all employees regularly connected amount in column C using a minus (-) sign. with or working out of an office or other place of business you maintained within New York State, no matter where the services Lines 30d through 30f – Use these lines to report dividends of the employees were performed. from stock that is business capital, net gains/(losses) from sales of stock that is business capital, and net gains/(losses) from Line 55 – See Form CT-3-I, Part 1, Section A, line 6 instructions sales of partnership interests in widely held or publicly traded for how to calculate. partnerships, respectively. Gross proceeds or receipts from certain sales (for Line 30d – In column C (Everywhere), enter the amount of all apportionment purposes) such dividend income. Line 56 – Enter in column B (New York State) the amount of Note: Do not include any IRC section 965 amounts. gross proceeds from sales of loans secured by real property located within the state. Enter in column C (Everywhere) the Lines 30e and 30f – If the result of summing the applicable amount of gross proceeds from sales of loans secured by real gains and losses in column C is a loss, enter the negative property located within and without the state. Gross proceeds amount in the column using a minus (-) sign. are determined after the deduction of any cost incurred to Line 42 – If you are a credit card processor, enter in acquire the loans. If, for either column, the gross proceeds column C 100% of the amount of all other receipts not reported amount is a negative amount, enter the negative amount using a on lines 1 through 41 or 43 through 52. minus (-) sign. Line 43 – If you provide services to investment companies, enter Line 57 – Enter in column B (New York State) the amount of in column C 100% of the receipts received from investment gross proceeds from sales of loans not secured by real property companies arising from the sale of management, administration, to purchasers located within the state. Enter in column C or distribution services to the investment company. (Everywhere) the amount of gross proceeds from sales of loans not secured by real property to purchasers located within and Line 45 – Enter in column C 100% of the receipts received from without the state. Gross proceeds are determined after the the conduct of a railroad business or a trucking business. deduction of any cost incurred to acquire the loans. If, for either Line 46 – Enter in column C 100% of the receipts received from column, the gross proceeds amount is a negative amount, enter the operation of vessels. the negative amount using a minus (-) sign. Line 48 – Enter in column C 100% of the receipts received from Line 58 – Enter in column B (New York State) the amount of aviation services other than services the receipts from which are gross proceeds from sales of other asset-backed securities reported on line 47. to purchasers located within the state. Enter in column C (Everywhere) the amount of gross proceeds from sales of other Line 49 – Enter in column C 100% of the receipts received from asset-backed securities to purchasers located within and without sales of advertising in newspapers or periodicals. the state. Gross proceeds are determined after the deduction of |
Page 24 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204.1 any cost incurred to acquire the securities. If, for either column, Marked to market gain or loss from Enter net gain the gross proceeds amount is a negative amount, enter the deemed sales of: or loss on line negative amount using a minus (-) sign. Loans secured by real property 61 Line 59 – Enter in column B (New York State) the amount of gross proceeds from sales of corporate bonds not sold through Loans not secured by real property 62 a registered securities broker or dealer, or through a licensed Federal debt instruments 63 exchange, that were sold to purchasers located within the state. Enter in column C (Everywhere) the amount of gross proceeds New York State and its political subdivisions 64 from sales of corporate bonds not sold through a registered debt instruments securities broker or dealer, or through a licensed exchange, that Other states and their political subdivisions 65 were sold to purchasers located within the state and without the debt instruments state. Gross proceeds are determined after the deduction of any cost incurred to acquire the bonds. If, for either column, the 1) Asset-backed securities, or other 66 gross proceeds amount is a negative amount, enter the negative securities, issued by government agencies, amount using a minus (-) sign. or 2) asset-backed securities through an exchange Line 60 – Include in column B the amount of your receipts from All other asset-backed securities 67 sales of physical commodities actually delivered to points in New York State. If there was no actual delivery of the commodity, Corporate bonds through licensed exchange 68 also include in column B your receipts from sales of physical or broker/dealer commodities sold to purchasers within New York State. Include Other corporate bonds 69 in column C the amount of your receipts from sales of physical commodities actually delivered to points both within and Physical commodities 70 without New York State. If there was no actual delivery of the Other financial instruments of one type 71 commodity, also include in column C your receipts from sales of physical commodities sold to purchasers both within and without New York State. New York adjustments due to decoupling from the IRC Marked to market net gain or loss from deemed sales Line 1 – Enter the amount reported on Form IT-204, Section 12, (for apportionment purposes) line 1. Lines 61 through 71 Line 2 – Enter the amount reported on Form IT-204, Section 12, Use the table below to enter on the appropriate line the marked line 2. to market net gain or loss for each type of financial instrument If you adjusted your excess business interest expense or shown in the table. If the amount is a loss, enter the negative your excess taxable income as a result of decoupling from amount using a minus (-) sign. IRC § 163(j), you must also provide to your partners a separate If you have receipts reportable on line 71 from only one type of statement indicating their distributive share of each adjustment. “other” financial instruments, enter the MTM net gain/(loss) from that type of “other“ financial instruments on line 71 and submit a statement identifying such type of “other” financial instruments. If you have receipts reportable on line 71 from more than one type of “other” financial instruments you must leave line 71 blank and submit a statement providing a breakdown of all such MTM gains/(losses) by type of “other” financial instruments. It is an instrument by instrument determination as to when “other” financial instruments are of the same type. You cannot net MTM gains/(losses) across different types of “other” financial instruments. |
Partnership’s instructions for Form IT-204-CP IT-204-I (2020) Page 25 of 30 Partnership’s instructions for Form IT-204-CP New York Corporate Partner’s Schedule K-1 General information Corporate Partners, that isvalid for 2020, mark an inXthe Yes box. If the Yes box is marked, do not complete item K. Form IT-204-CP should be provided to each corporate partner filing Form CT-3, CT-3-S, or included in a combined group filing Item K – Enter the amount of estimated tax paid on behalf Form CT-3-A, under Article 9-A on or before the day on which of the partner from Form(s) CT-2658 on lines K1 through K4, the partnership return is required to be filed. Form IT-204-CP and the total amount paid on line K. If you need more space to should also be provided to each partner that is a partnership report payments, include a separate sheet showing all relevant or an LLC. All partners being provided with a Form IT-204-CP prepayment information. Transfer the total shown on the should also be provided a copy of Form IT-204-CP-I, Partner’s additional sheet to item K. Instructions for Form IT-204-CP, to help them report on their Item L –If you marked an inXthe Yes box on Form IT-204 in franchise tax return the items shown on their Form IT-204-CP. item R, mark an inXthe Yes box here; if you marked an in theX Note: The partnership must provide to each partner a statement No box on Form IT-204 in item R, mark an in theX No box here. indicating the partner’s distributive share of contributions to one or more of the following New York Charitable Gifts Trust Fund Partner’s distributive share and accounts: proportionate part – Health Charitable Account; or A partner’s distributive share of any item of income, gain, – Elementary and Secondary Education Account. loss, deduction, or credit shall generally be determined by the partnership agreement (see IRC section 704(a)). However, IRC Farm donations to food pantries credit section 704(b) provides that if (1) the partnership agreement If the partnership claimed a credit on Form IT-649, Farm does not specify the partner’s distributive share of such item, or Donations to Food Pantries Credit, the partnership must provide (2) the allocation of such items to a partner under the partnership to each corporate partner filing Form CT-3-S a statement agreement does not have substantial economic effect, then a indicating the partner’s distributive share of the amount of partner’s distributive share of income, gain, loss, deduction, or qualified donations to a food pantry included in the partnership’s credit (or item thereof) must be determined in accordance with charitable contributions amount. the partner’s interest in the partnership, determined by taking into account all of the facts and circumstances. A partner’s proportionate part of the partnership’s assets, Specific instructions liabilities, and activities is generally determined in accordance with the partner’s capital interest in the partnership. Partnership’s information On each Form IT-204-CP, enter the tax year of the partnership Partners that are partnerships or LLCs the partnership is reporting for, the name, and the EIN of the If you are completing Form IT-204-CP for a partner that is a partnership. partnership or an LLC (see Item D above), you must complete all parts of Form IT-204-CP, including all parts labeled for New Partner’s information York C corporate partners only and all parts labeled for New For the corporate partner (or the partner that is a partnership or York S corporate partners only. an LLC) for which you are completing this Form IT-204-CP, enter the partner’s name, address, and EIN. Partner’s share of entire net income (ENI) Item D – If you have a partner that is a partnership or an LLC, information when the corporate partner’s New you must provide that partner with both Forms IT-204-CP and York tax filing status is a C corporation IT-204-IP, because such partners will need the information The partner’s distributive share of the ENI modifications listed from both forms to provide the necessary information to their on pages 15 and 16 of these instructions must be added to or own partners; this will ensure that all Article 22 and Article 9-A subtracted from each partner’s federal taxable income in arriving partners further up in the partnership tier or chain receive the at the partner’s ENI. necessary information. Line 1 ENI addition modifications – For the partner, enter Item G – Enter the partner’s share percentages as reported on its distributive share of the addition modifications listed on federal Schedule K-1, item J. Form IT-204.1, page 1, line 1. Enter in column A any applicable Item H – Enter the partner’s share of liabilities as reported on additions by EA number, and list the amount of the distributive federal Schedule K-1, item K. share of each addition in column B. Provide the total amount of additions on line 1. Item I – Enter the partner’s capital account analysis as reported on federal Schedule K-1, item L. However, enter on lines 2 Line 2 ENI subtraction modifications – For the partner, and 3 of item I, the amount of cash and property contributed enter its distributive share of the subtraction modifications by that partner to the partnership as shown on New York State listed on Form IT-204.1, page 1, line 2. Enter in column A any Form IT-204, Section 6, lines 76 and 77. Enter on line 5 of item I, applicable subtractions by ES number, and list the amount of the the amount of withdrawals and distributions of cash to that distributive share of each subtraction in column B. Provide the partner, from Form IT-204, Section 6, line 81. Enter on line 6 of total amount of subtractions on line 2. item I, the amount of withdrawals and distributions of property made to that partner from Form IT-204, Section 6, line 82. Item J – If this partner submitted a Form CT-2658-E, Certificate of Exemption from Partnership Estimated Tax Paid on Behalf of |
Page 26 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204-CP Partner’s proportionate part of assets and receipts from the generation and distribution of electricity that is liabilities (for New York C corporate partners only) not included in this line. Lines 3 through 9 Line 35 – Enter the partner’s proportionate part of the amount from Form IT-204.1, page 4, line 35. Enter the partner’s proportionate part of your assets and liabilities that you reported on the corresponding lines of Line 35a – Enter the partner’s share of the amount from Form IT-204.1. Form IT-204.1, page 4, line 36. Partner’s proportionate part of items related to Partner’s share of New York modifications (for investment capital under Article 9-A (for New York New York S corporate partners only) C corporate partners only) You must report to each S corporation partner any of the For Parts 1, 2, 3, and 5, in rows A through F, and in the row applicable modifications from Form IT-225 and Form IT-204, Total from additional sheet(s), enter in columns A through G lines 111 and 113. These modifications must be added to the information for the partnership as a whole, exactly as or subtracted from the S corporation shareholder’s federal it is reported on the corresponding parts and rows of your adjusted gross income or itemized deductions on their New York Form IT-204.1. Submit the copies of the same additional State personal income tax return, in arriving at total New York sheet(s) that you submitted with your Form IT-204.1, if any. income and New York itemized deduction, respectively. The S corporation must report this information on Form CT-225 and Lines 10 through 15 – For lines 10 through 14 in columns F Form CT-34-SH. and G, enter the partner’s proportionate part of the totals that you reported on the corresponding lines and columns of Line 36 New York State additions – Enter in column A on Form IT-204.1. For line 15, enter the partner’s distributive share lines 36a through 36f the partner’s distributive share of the total of the amount from the corresponding line of Form IT-204.1. amount for each applicable addition modification reported by you on Form IT-225. Each addition modification is designated Partner’s share of items related to investment by the letters EA. Be sure to enter the corresponding number of the addition next to the letters EA. If you are reporting more and other exempt income under Article 9-A (for than six addition modifications for the partner, include a separate New York C corporate partners only) schedule. Lines 16 through 22 – Enter the partner’s distributive share of the amounts from the corresponding lines of Form IT-204.1. If Line 37 – Enter the column A total of lines 36a through 36f the amount reported on the corresponding line of Form IT-204.1 and any additional schedule(s) (if more than six addition is a negative amount, report the partner’s share of such negative modifications) on this line. amount using a minus (-) sign. You must also provide to your Line 38 New York State subtractions – Enter in column A on partner a statement listing, for each of these lines, the amounts lines 38a through 38f the partner’s distributive share of the total by asset/investment. On such statement, for all lines, identify amount for each applicable subtraction modification reported each asset/investment by Name/CUSIP/CINS and lot number; on Form IT-225. Each subtraction modification is designated by or, for line 19, provide other applicable identifying information. the letters ES. Be sure to enter the corresponding number of the On such statement, for line 19 amounts, you must list income subtraction next to the letters ES. If you are reporting more than amounts separately from net gain or loss amounts. Note: six subtraction modifications for the partner, include a separate For line 19 amounts, when netting at the corporate partner or schedule. combined group level on Form CT-3.1, losses can only be netted against gains; losses cannot be netted against any other income Line 39 – Enter the column A total of lines 38a through 38f amounts, such as interest income. and any additional schedule(s) (if more than six subtraction modifications) on this line. Partner’s share of items related to interest Line 40 Additions to itemized deductions – deductions directly attributable to investment Enter in the Amount column on lines 40a through 40f the and other exempt income under Article 9-A (for partner’s distributive share of the total amount of each addition New York C corporate partners only) modification reported on Form IT-204, lines 111a through 111f. Be sure to enter the corresponding letter for each addition in the For lines 23 through 31, enter the partner’s distributive share Letter box. of the deduction amounts from the corresponding lines of Form IT-204.1. Line 42 Subtractions from itemized deductions – Enter in the Amount column on lines 42a through 42f the partner’s Partner’s share and proportionate part of items distributive share of the total amount of each subtraction related to subtraction modification for qualified modification reported on Form IT-204, lines 113a through 113f. Be sure to enter the corresponding letter for each subtraction in banks the Letter box. Line 32 – Enter the partner’s proportionate part of the amount from Form IT-204.1, page 4, line 32. Partner’s share of income, deductions, etc. Lines 33 through 33b – Enter the partner’s distributive share of the amount from Form IT-204.1, page 4, lines 33 through 33b. Lines 44 through 60 Transfer the amounts from the corporate partner’s federal Form 1065, Schedule K-1. However, for line 19 of federal Partner’s share and proportionate part of items Form 1065, Schedule K-1, determine the portion of line 19 that related to manufacturing represents distributions of cash and marketable securities, and Line 34 – Enter the partner’s distributive share of the amount distributions of other property, and enter those amount(s) on from Form IT-204.1, page 4, line 34. In addition, you must Form IT-204-CP, lines 58 and 59, respectively. Be sure to write provide your partner with a separate statement that reports any in the Identify boxes, where provided, the type(s) and amount(s) of what is included on each specific line. |
Partnership’s instructions for Form IT-204-CP IT-204-I (2020) Page 27 of 30 Partner’s credit information Part 2 – Flow through credits, addbacks, and recaptures Part 1 – Flow through credit bases and If you reported a long-term care insurance credit Line 78 – information on line 145 of Form IT-204, enter code 249 and the partner’s Brownfield redevelopment tax credit distributive share of that amount. Lines 61, 62, and 63 For all other credits, you must enter the 3-digit code number Enter the partner’s distributive share of any amounts from identifying each credit and the partner’s distributive share of that Form IT-611 in column A, from Form IT-611.1 in column B, from credit from Form IT-204, lines 147a through 147h. Form IT-611.2 in column C. If you reported a rehabilitation of historic properties credit on Line 61 – Enter the partner’s distributive share of the site Form IT-204, Section 11, Part 2, you must provide to your preparation cost from Form IT-204, lines 144a through 144f, partners a separate statement indicating the project number(s). code 107. The project number is the Nation Park Services (NPS) number that identifies the rehabilitation project. Project number(s) Line 62 – Enter the partner’s distributive share of the tangible must be provided for tax credit amounts passed through to property cost from Form IT-204, lines 144a through 144f, the partnership and for tax credit amounts generated by the code 108. partnership. Line 63 – Enter the partner’s distributive share of the on-site Line 79 – For all other addbacks of credits and recaptures, you groundwater remediation cost from Form IT-204, lines 144a must enter the 3-digit code number identifying each addback or through 144f, code 109. recapture and the partner’s distributive share of that addback or recapture from Form IT-204, lines 148a through 148f. QEZE tax reduction credit Part 3 – START-UP NY tax elimination credit Lines 66, 67, and 68 Enter the QEZE employment increase factor, QEZE zone information allocation factor, and QEZE benefit period factor from Lines 80, 81, and 82 Form IT-204, lines 133, 134, and 135. Enter on these lines the information from Form IT-204, lines 149, 150, and 151. Excelsior jobs program tax credit You must also provide to your partner a separate statement Lines 69 through 72 indicating the name of the sponsoring campus, university, or Enter the partner’s distributive share of the excelsior jobs college; if you are certified by more than one sponsor, list all program tax credit from Form IT-204, lines 136 through 139. sponsors on such statement. Farmers’ school tax credit Partner’s share of apportionment and Line 73 – Enter the partner’s distributive share of acres of Metropolitan Commuter Transportation qualified agricultural property from Form IT-204, line 140. District (MCTD) information Line 74 – Enter the partner’s distributive share of acres of New York S corporations are not subject to the MCTD tax qualified conservation property from Form IT-204, line 141. surcharge. As a result, they do not need MCTD amounts. Line 75 – Enter the partner’s distributive share of eligible school The MCTD includes the counties of New York, Bronx, Kings, district property taxes paid by the partnership from Form IT-204, Queens, Richmond, Dutchess, Nassau, Orange, Putnam, line 142. Rockland, Suffolk, and Westchester. Line 76 – Enter the partner’s distributive share of acres of When computing property and receipts, eliminate inter-entity qualified agricultural property converted to nonqualified use from rental expenses paid to your corporate partner and receipts from Form IT-204, line 143. sales to your corporate partner, respectively. Other flow-through credit bases and information Apportionment, Part 1, lines 3 through 7 – Enter the MCTD amounts in column A and the New York State amounts in Lines 77a through 77f column B. Everywhere amounts are not needed for these lines. Investment tax credit – If you entered code 212 on Average value of real and tangible personal property means the Form IT-204, lines 144a through 144f, enter code 212 and the adjusted basis of such property for federal income tax purposes. partner’s proportionate part of the investment tax credit base However, the partner may make an election to use FMV as the (excluding R&D property) of such amount, and enter code 218 value of such property. and the partner’s proportionate part of the R&D investment tax credit base. FMV of real and tangible personal property owned means the price (without deduction of an encumbrance whether or not the Note: If you were a shareholder in a C corporation that has a partnership is personally liable) at which a willing seller will sell special gross income from farming election, enter the code and and willing purchaser will buy. the partner’s distributive share of the amount as reported on Form IT-204, lines 144a through 144f. Apportionment, Part 1, line 3 – Enter, for the method being used by your partner (FMV or adjusted basis), the partner’s Lines 77g through 77l share of the average value of real property you owned. Do If you are filing multiple Forms IT-604, Claim for QEZE Tax not include real property and related equipment (except Reduction Credit, and/or Form IT-638, enter the code and inventoriable goods) that are under construction and are not the partner’s credit information as reported on Form IT-204, occupied or used by the partnership during construction. Include lines 144g through 144l. property or equipment under construction that is partially used |
Page 28 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204-CP in the regular course of business of the partnership only to the partner (on Form IT-204-CP, Apportionment Part 2) by hierarchy extent used. method (3 or 4) and digital product, for each column. See Form CT-3-I, Part 6, line 7, for the hierarchy methods. Apportionment, Part 1, line 4 – Enter the partner’s share of the average value of rented real property. The value of rented real Line 10 – Enter in column C (Everywhere), the partner’s property is generally eight times the gross rent payable during share of the amount entered in Form IT-204.1, Apportionment the year covered by this return. Gross rent includes any amount Part 2, line 10, column C (Everywhere). If the amount reported payable as rent or in lieu of rent (such as taxes or repairs), and in column C (Everywhere) for line 10 of Form IT-204.1, amortization of lease-hold improvements that revert to the lessor Apportionment Part 2 is a negative amount, report the partner’s as the end of the lease. share of such negative amount in column C (Everywhere) as a negative amount using a minus (-) sign. MCTD and New York Apportionment, Part 1, line 6 – Enter, for the method being State amounts are not reported to your partner for line 10. Also, used by your partner (FMV or adjusted basis), the partner’s see line 56. share of the average value of the tangible personal property you owned, such as machinery, tools, and implements. Do not Line 11 –Mark an inXthe box if you marked an in the box onX include cash, shares of stock, bonds, notes, credits, evidences the corresponding line on Form IT-204.1, Apportionment Part 2. of an interest in property, or evidences of credit. If you mark the box, then you must also mark the box on line 12. Apportionment, Part 1, line 7 –Enter the partner’s share of Line 12 – Mark an inXthe box if you marked an in the box X the average value of tangible personal property you rented. The on the corresponding line on Form IT-204.1, Apportionment value of rented tangible personal property is generally eight Part 2. If you mark the box, then you must also mark the box times the gross rent payable during the year covered by this on line 11. Enter in column C (Everywhere), the partner’s return. share of the amount entered in Form IT-204.1, Apportionment Part 2, line 12, column C (Everywhere). If the amount reported Apportionment, Part 2, lines 1 through 77 in column C (Everywhere) for line 12 of Form IT-204.1, Lines 1 through 77 align with Form IT-204.1, Apportionment, Apportionment Part 2 is a negative amount, report the partner’s Part 2, lines 1 through 77. You must provide, when appropriate, share of such negative amount in column C (Everywhere) as a on lines 1 through 77, your partner’s distributive share or negative amount using a minus (-) sign. MCTD and New York proportionate part of the amount(s) reported on a corresponding State amounts are not reported to your partner for line 12. Also, line of Form IT-204.1. Such shares must also be reported see line 57. in the corresponding columns (MCTD, New York State, or Lines 13 through 18 –Mark an inXthe box next to Everywhere), as appropriate. Section 210-A.5(a)(2)(B) if you marked an inXsuch box above For receipts sourced by a fraction, such fractions must be the corresponding lines on Form IT-204.1, Apportionment Part 2. computed at the partner level by the partner; the partner must MCTD and New York State amounts are not reported to your include both the partner’s own amounts and the partner’s partner for these lines. distributive share or proportionate part of any partnership Line 13 – Enter in column C (Everywhere), the partner’s share amounts when computing such fractions. The partner’s own of the amount you entered on Form IT-204.1, Apportionment receipts are aggregated with its distributive share of the Part 2, line 13, column C (Everywhere). partnership’s receipts, and sourced using such aggregate fraction computed at the partner level. Netting and sourcing Line 15 – Enter in column C (Everywhere), the partner’s share rules under Section 210-A necessitate certain information to be of the amount you entered on Form IT-204.1, Apportionment reported to your partner by type of “other” financial instruments Part 2, line 15, column C (Everywhere). or by type of receipt. Thus, for certain receipts, as instructed in the specific line instructions below, you must supply a separate Line 16 – Enter in column C (Everywhere), the partner’s share statement to your partner providing the information the partner of the amount you entered on Form IT-204.1, Apportionment needs to properly source and net receipts or to compute, at the Part 2, line 16, column C (Everywhere). If the amount reported partner’s level , the fraction that will be used to source receipts in column C (Everywhere) for line 16 of Form IT-204.1, to New York State. For certain receipts you use lines 56 through Apportionment Part 2 is a negative amount, report the partner’s 77, as instructed below, to provide information to your partners share of such negative amount in column C (Everywhere) as a that is necessary for sourcing. negative amount using a minus (-) sign. For those lines that do not have special instructions below, Line 17 – Enter in column C (Everywhere), the partner’s share enter the partner’s distributive share or proportionate part of of the amount you entered on Form IT-204.1, Apportionment the MCTD, New York State, and Everywhere amounts that Part 2, line 17, column C (Everywhere). you entered for the corresponding lines on Form IT-204.1, Line 18 – Enter in column C (Everywhere), the partner’s share Apportionment Part 2. of the amount you entered on Form IT-204.1, Apportionment For the remaining lines in Apportionment Part 2 follow the Part 2, line 18, column C (Everywhere). If the amount reported specific line instructions below. in column C (Everywhere) for line 18 of Form IT-204.1, Apportionment Part 2 is a negative amount, report the partner’s Line 3 – In its corresponding column, enter the partner’s share of such negative amount in column C (Everywhere) as a share of the amount entered in each column of Form IT-204.1, negative amount using a minus (-) sign. Apportionment Part 2, line 3. If the amount reported in a particular column for line 3 of Form IT-204.1, Apportionment Lines 19 through 21 –Mark an inXthe box next to Part 2 is a negative amount, report the partner’s share of such Section 210-A.5(a)(2)(C) if you marked an inXsuch box above negative amount in the corresponding column of this line as a the corresponding lines on Form IT-204.1, Apportionment Part 2. negative amount using a minus (-) sign. MCTD and New York State amounts are not reported to your partner for these lines. Line 7a – In its corresponding column, enter the partner’s share of the amount you entered in each column of Form IT-204.1, Line 19 – Enter in column C (Everywhere), the partner’s share Apportionment Part 2, line 7a. You must supply to your partner of the amount you entered on Form IT-204.1, Apportionment a breakdown of the line 7a receipts you are reporting to your Part 2, line 19, column C (Everywhere). |
Partnership’s instructions for Form IT-204-CP IT-204-I (2020) Page 29 of 30 Line 20 – Enter in column C (Everywhere), the partner’s share marked an inXsuch box above the corresponding lines on of the amount you entered on Form IT-204.1, Apportionment Form IT-204.1 Apportionment, Part 2. Part 2, line 20, column C (Everywhere). If the amount reported in column C (Everywhere) for line 20 of Form IT-204.1, Lines 29 through 30c – Business receipts from “other” financial Apportionment Part 2 is a negative amount, report the partner’s instruments must be reported on a type- by-type basis; such share of such negative amount in column C (Everywhere) as a receipts are sourced and netted only with receipts from “other” negative amount using a minus (-) sign. financial instruments of the same type. If you have interest, gains/(losses) from sales of, or other income/(losses) from, Line 21 – Enter in column C (Everywhere), the partner’s share any “other” financial instruments, you must submit a statement of the amount you entered on Form IT-204.1, Apportionment to provide to your partner a breakdown of the partner’s Part 2, line 21, column C (Everywhere). If the amount reported proportionate share of all such interest, net gains/(losses), and in column C (Everywhere) for line 21 of Form IT-204.1, net other income/(losses) by line number (lines 29 through 30c) Apportionment Part 2 is a negative amount, report the partner’s and by type of other financial instruments. If you have receipts share of such negative amount in column C (Everywhere) as a reportable on any of lines 29 through 30c from more than one negative amount using a minus (-) sign. Also, see line 58. type of “other” financial instruments, use an additional such line for each separate type of “other” financial instruments for which Lines 22 through 24 –Mark an inXthe box next to you are reporting receipts. Clearly identify each type of “other” Section 210-A.5(a)(2)(D) if you marked an inXsuch box above financial instruments for which receipts are being reported; if the corresponding lines on Form IT-204.1, Apportionment Part 2. you marked an inXthe box next to Section 210-A.5(a)(2)(H) Line 22 – In its corresponding column, enter the partner’s you must indicate, for each such type, whether or not you share of the amount entered in each column of Form IT-204.1, marked to market under IRC sections 475 or 1256 any “other” Apportionment Part 2, line 22. financial instruments of that type. Enter on such statement the partner’s share of the amounts you entered on the statement Line 23 – Enter in column C (Everywhere), the partner’s share you submitted with Form IT-204.1, Apportionment Part 2, for of the amount you entered on Form IT-204.1, Apportionment lines 29 through 30c. If any amount reported on the statement Part 2, line 23, column C (Everywhere). If the amount reported you submitted with Form IT-204.1, Apportionment Part 2, for in column C (Everywhere) for line 23 of Form IT-204.1, lines 29 through 30c, is a negative amount, report the partner’s Apportionment Part 2 is a negative amount, report the partner’s share of such negative amount as a negative amount using a share of such negative amount in column C (Everywhere) as a minus (-) sign. negative amount using a minus (-) sign. MCTD and New York State amounts are not reported to your partner for line 23. Line 30d – Enter in column C (Everywhere), the partner’s share of the amount you entered on Form IT-204.1, Apportionment Line 24 – Enter in column C (Everywhere), the partner’s share Part 2, line 30d, column C (Everywhere). If you marked an X of the amount you entered on Form IT-204.1, Apportionment in the box next to Section 210-A.5(a)(2)(G) you must submit Part 2, line 24, column C (Everywhere). If the amount reported a statement indicating if you marked to market under IRC in column C (Everywhere) for line 24 of Form IT-204.1, sections 475 or 1256 any stock that is business capital. Apportionment Part 2 is a negative amount, report the partner’s share of such negative amount in column C (Everywhere) as a Line 30e – Enter in column C (Everywhere), the partner’s share negative amount using a minus (-) sign. MCTD and New York of the amount you entered in Form IT-204.1, Apportionment State amounts are not reported to your partner for line 24. Also, Part 2, line 30e, column C (Everywhere). If the amount reported see line 59. in column C (Everywhere) for line 30e of Form IT-204.1, Apportionment Part 2 is a negative amount, report the partner’s Line 25 – See lines 72 through 77 for the information your share of such negative amount in column C (Everywhere) as partner needs reported to it. a negative amount using a minus (-) sign. If you marked an X Line 26 – Enter in column C (Everywhere), the partner’s share in the box next to Section 210-A.5(a)(2)(G) you must submit of the amount you entered on Form IT-204.1, Apportionment a statement indicating if you marked to market under IRC Part 2, line 26, column C (Everywhere). If the amount reported sections 475 or 1256 any stock that is business capital. in column C (Everywhere) for line 26 of Form IT-204.1, Line 30f – Enter in column C (Everywhere), the partner’s share Apportionment Part 2 is a negative amount, report the partner’s of the amount you entered in Form IT-204.1, Apportionment share of such negative amount in column C (Everywhere) as a Part 2, line 30f, column C (Everywhere). If the amount reported negative amount using a minus (-) sign. in column C (Everywhere) for line 30f of Form IT-204.1, Lines 27 and 28 – Mark an inXthe box next to the Tax Law Apportionment Part 2 is a negative amount, report the partner’s section citation above the line if you marked an in suchX box share of such negative amount in column C (Everywhere) as above the corresponding line on Form IT-204.1, Apportionment a negative amount using a minus (-) sign. If you marked an X Part 2. in the box next to Section 210-A.5(a)(2)(G) you must submit a statement indicating if you marked to market under IRC Line 27 – Enter in column C (Everywhere), the partner’s share sections 475 or 1256 any partnership interest in a widely held or of the amount you entered on Form IT-204.1, Apportionment publicly traded partnership. Part 2, line 27, column C (Everywhere). Also, see line 60. If the amount reported in column C (Everywhere) for line 27 of Line 42 – If you are a credit card processor, enter in column C Form IT-204.1, Apportionment Part 2, is a negative amount, (Everywhere) your partner’s share of the amount entered report the partner’s share of such negative amount in column C in Form IT-204.1, Apportionment Part 2, line 42, column C (Everywhere) as a negative amount using a minus (-) sign. (Everywhere). You must also supply to your partner the partner’s proportionate part of the number of New York access points and Line 28 – See lines 61 through 71 for the information your the partner’s proportionate part of the number of U.S. access partner needs reported to it. points, as described in Form CT-3-I, Part 6, line 42. Lines 29 through 30f – Mark an inXthe box next to Line 43 – If you provide services to investment companies, Section 210-A.5(a)(2)(H) if you marked an inXsuch box above enter in column C (Everywhere) your partner’s share of the the corresponding lines on form IT-204.1 Apportionment, Part 2 amount entered in Form IT-204.1, Apportionment Part 2, line 43, Mark an inXthe box next to Section 210-A.5(a)(2)(G) if you column C (Everywhere). You must also supply to your partner |
Page 30 of 30 IT-204-I (2020) Partnership’s instructions for Form IT-204-CP the partner’s proportionate part of the number of shares in the the corresponding columns of line 54 of Form IT-204.1, investment company owned by shareholders located in New Apportionment Part 2. Everywhere amounts are not needed for York and the number of shares outstanding, that the partner this line. needs to compute the fraction, as such fraction is described in Form CT-3-I, Part 6, line 43. Line 55 – Enter your partner’s proportionate part of the amount entered in Form IT-204.1, Apportionment Part 2, line 55. Line 45 – Enter in column C (Everywhere) your partner’s share of the amount entered in Form IT-204.1, Apportionment Part 2, Lines 61 through 77 – Enter your partner’s share of the line 45, column C (Everywhere). You must also supply to your amounts entered in the corresponding lines of Form IT-204.1, partner the partner’s proportionate part of the number of miles Apportionment Part 2. in such business within New York State and both within and Note: For lines 61 through 71, if the amount on the outside the state, that the partner needs to compute the fraction, corresponding line of Form IT-204.1 Apportionment Part 2 is a as such fraction is described in Form CT-3-I, Part 6, line 45. loss, show the partner’s share of such loss using a minus (-) Line 46 – Enter in column C (Everywhere) your partner’s sign. share of the amount entered in Form IT-204.1, Apportionment Line 71 – If you have receipts reportable on this line: Part 2, line 46, column C (Everywhere). You must also supply • only one type of “other” financial instruments, from to your partner the partner’s proportionate part of the aggregate enter the partner’s share of the amount you entered on number of working days of the vessels, that the partner needs Form IT-204.1, Apportionment Part 2, line 71, from that type to compute the fraction, as such fraction is described in of “other“ financial instruments. You must supply to your Form CT-3-I, Part 6, line 46. partner a statement identifying such type of “other” financial Line 48 – Enter in column C (Everywhere) your partner’s share instruments. of the amount entered in Form IT-204.1, Apportionment Part 2, • from more than one type of “other” financial instruments, leave line 48, column C (everywhere). You must also supply to your this line blank and supply to your partner a breakdown of partner the partner’s proportionate part of the amounts that the the partner’s share of all MTM gains/(losses) as reported on partner needs to complete Worksheet for Part 6, line 48 as such the statement submitted with Form IT-204.1, Apportionment worksheet appears in Form CT-3-I, Part 6. Part 2, line 71, by type of “other” financial instruments. MTM Line 49 – Enter in column C (Everywhere) your partner’s gains/(losses) cannot be netted across different types of share of the amount entered in Form IT-204.1, Apportionment “other” financial instruments. Part 2, line 49, column C (Everywhere). You must also supply to your partner the partner’s proportionate part of the number Partner’s share of New York adjustments due of newspapers and periodicals delivered to points within New to decoupling from the IRC York State and both within and outside the state, that the partner Line 1 – If you adjusted your return as a result of decoupling needs to compute the fraction, as such fraction is described in from changes made to the IRC after March 1, 2020, enter the Form CT-3-I, Part 6, line 49. partner’s distributive share of the net addition adjustment from Line 50 – Enter in column C (Everywhere) your partner’s share Form IT-204.1, New York adjustments due to decoupling from of the amount entered in Form IT-204.1, Apportionment Part 2, the IRC, line 1. line 50, column C (Everywhere). You must also supply to your Line 2 – If you adjusted your return as a result of decoupling partner the partner’s proportionate part of the number of viewers from changes made to the IRC after March 1, 2020, enter the or listeners within New York State and both within and outside partner’s distributive share of the net subtraction adjustment the state, that the partner needs to compute the fraction, as such from Form IT-204.1, New York adjustments due to decoupling fraction is described in Form CT-3-I, Part 6, line 50. from the IRC, line 2. Line 51 – Enter in column C (Everywhere) your partner’s share of the amount entered in Form IT-204.1, Apportionment Part 2, Privacy notification line 51, column C (Everywhere). You must also supply to your New York State Law requires all government agencies that partner the partner’s proportionate part of the number of viewers maintain a system of records to provide notification of the legal or listeners within New York State and both within and outside authority for any request for personal information, the principal the state, that the partner needs to compute the fraction, as such purpose(s) for which the information is to be collected, and fraction is described in Form CT-3-I, Part 6, line 51. where it will be maintained. To view this information, visit our website, or, if you do not have Internet access, call and request Line 52 – Enter in column C (Everywhere) your partner’s Publication 54, Privacy Notification. See Need help? for the Web share of the amount entered in Form IT-204.1, Apportionment address and telephone number. Part 2, line 52, column C (Everywhere). You must also supply to your partner the partner’s proportionate part of the number of transportation units within New York state and both within and Need help? outside the state, that the partner needs to compute the fraction, as such fraction is described in Form CT-3-I, Part 6, line 52. Visit our website at www.tax.ny.gov Line 53a – In its corresponding column, enter the partner’s • get information and manage your taxes online share of the amount you entered in each column of • check for new online services and features Form IT-204.1, Apportionment Part 2, line 53a. You must supply to your partner a breakdown of the line 53a receipts you are Telephone assistance reporting to your partner (on Form IT-204-CP, Apportionment Automated income tax refund status: 518-457-5149 Part 2) by hierarchy method (3 or 4) and type of receipt, for Personal Income Tax Information Center: 518-457-5181 each column. See Form CT-3-I, Part 6, line 53, for the hierarchy methods. To order forms and publications: 518-457-5431 Line 54 – Enter in columns A (MCTD) and B (New York Text Telephone (TTY) or TDD Dial 7-1-1 for the State), your partner’s share of the amounts entered in equipment users New York Relay Service |