Department of Taxation and Finance IT-205-I Instructions for Form IT-205 Fiduciary Income Tax Return New York State • New York City • Yonkers Form IT-205 highlights for tax year 2020 General changes for 2020 Changes to existing credits Decoupling from certain federal provisions Rehabilitation of historic properties credit For tax years beginning before January 1, 2022, the 2020-2021 New For tax years beginning on or after January 1, 2020, the credit York State budget (Part WWW of Chapter 58 of the Laws of 2020) has been expanded to include a qualified rehabilitation project decoupled personal income tax from any amendments made to the undertaken within a state park, state historic site, or other land Internal Revenue Code (IRC) after March 1, 2020. This includes owned by the state, that is under the jurisdiction of the Office of changes made by the federal CARES Act and any other federal Parks, Recreation and Historic Preservation. See Form IT-238, changes to the IRC. Therefore, any amendments made to the Claim for Rehabilitation of Historic Properties Credit, and its IRC after March 1, 2020, will not apply to New York State or New instructions. York City personal income tax. See Form IT-558, New York State Adjustments Due to Decoupling from the IRC, and its instructions. Hire a veteran credit This credit has been extended through December 31, 2021. See START-UP NY program applications Form IT-643, Hire a Veteran Credit, and its instructions. The application deadline for businesses that want to participate in the START-UP NY program has been extended to December 31, 2025. For more information on this program, visit the Empire State Long-term care insurance credit Development website at www.esd.ny.gov and see TSB-M-13(7)C, For tax years beginning on or after January 1, 2020, the credit (6)I, (11)M, (1)MCTMT, (7)S, SUNY Tax-Free Areas to Revitalize has been amended to allow a taxpayer (including nonresident and Transform Upstate New York Program. 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 amount cannot exceed New York call center jobs act $1,500. See Form IT-249, Claim for Long-Term Care Insurance As of June 30, 2020, an employer intending to relocate a call center Credit, and its instructions. or 30% or more of their call center employees from New York to a foreign country must notify the New York State Department of Labor (DOL) at least 90 days prior to the move. The Commissioner of Empire State film production and Empire State DOL will annually compile a list of call center employers that have film post-production tax credits relocated and post the list on DOL’s public website and provide a Several amendments were made to these credits. See Form IT-248, copy of the list to the Commissioner of Taxation and Finance. Empire State Film Production Credit, Form IT-261, Empire State Film Post-Production Credit, and their instructions. 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 Excelsior jobs program tax credit succeeding the tax year the call center employer appears on the This credit has been extended through tax year 2039. In addition, annual list, provided the agreement for the tax credit was entered enhancements have been made to the program to add tax credits into after June 30, 2020. for green projects aimed at reducing greenhouse gas emissions and supporting the use of clean energy. For more information on this credit, visit the Empire State Development website at www.esd. New York City resident tax rates ny.gov. The New York City resident tax rates and the 14% additional tax have been extended and now apply to tax years beginning before 2024. New credits Employer-provided childcare credit Warrantless state tax debt collection methods Beginning with tax year 2020, there is a credit available to The warrantless state tax debt collection methods under Tax Law taxpayers who are allowed the federal employer-provided childcare §§ 174-c and 1701 have been extended through March 31, 2025. credit under Internal Revenue Code § 45F. See Form IT-652, Tax Law § 174-c allows the Commissioner of Taxation and Finance Employer-Provided Childcare Credit, and its instructions. (Commissioner) to serve income executions (wage garnishments) on individual tax debtors and, if necessary, on employers of tax Recovery tax credit debtors, for collection of fixed and final tax debts without filing a Beginning with tax year 2020, there is a credit available to public warrant. businesses hiring eligible individuals in recovery from a substance Tax Law § 1701 allows the Commissioner to use the financial use disorder for part-time and full-time positions in New York State. institution data match system for collection of fixed and final tax See Form IT-651, Recovery Tax Credit, and its instructions. debt, regardless of whether a warrant has been filed. |
Page 2 of 19 IT-205-I (2020) The amount of the gain to be included in New York source General instructions income is determined in a manner consistent with the applicable Who must file methods and rules for allocation under Article 22 in the year that The fiduciary of a New York State resident estate or trust must file the assets were sold or transferred (for additional information, a return on Form IT-205 if the estate or trust: see TSB-M-18(2)I, Nonresident Partner’s Treatment of Gain or Loss on Certain Sales or Transfers of a Partnership or – is required to file a federal income tax return for the tax year; Membership Interest). – had any New York taxable income for the tax year; or It does not include: – is subject to a separate tax on lump-sum distributions. – annuities, interest, dividends, or gains from the sale or exchange If the fiduciary of a New York City resident estate or trust is of intangible personal property, unless they are part of the required to file a New York State fiduciary return, the New York income from a business, trade, profession, or occupation carried City income tax liability is based on the same taxable income as on in New York State; or for New York State tax purposes and must be reported on the state – compensation received in respect of a nonresident decedent for return as explained in the New York City instructions beginning on active service in the military forces of the United States. page 16. Form IT-205-A, Fiduciary Allocation, must be completed and If the fiduciary of a Yonkers resident estate or trust is required submitted with a Form IT-205 that is filed for (1) a nonresident to file a New York State return, the Yonkers tax liability is based estate or trust having income derived from New York State sources, upon the New York State tax liability and must be reported on the (2) a part-year resident trust, or (3) a resident estate or trust with state return as explained in the Yonkers instructions beginning on a New York State nonresident beneficiary (except as noted under page 16. New York State forms to be filed on page 3). See Need help? for The fiduciary of a New York nonresident estate or trust or part-year information on how to get forms. resident trust must file a return on Form IT-205 if the estate or trust: If a Yonkers nonresident estate or trust has income from wages – had income derived from New York State sources and had earned or net earnings from self-employment in Yonkers, the New York adjusted gross income (NYAGI); fiduciary of the estate or trust must complete Form Y-206, Yonkers – is subject to a separate tax on lump-sum distributions; or Nonresident Fiduciary Earnings Tax Return, and submit the form with the New York State fiduciary return, Form IT-205. – incurred a net operating loss for New York State income tax purposes for the tax year without incurring a net operating loss for federal income tax purposes. New York State resident and nonresident estate and trust and part-year resident trust defined Income from New York State sources includes: For purposes of the New York State income tax, an estate is either – income attributable to the ownership of any interest in real (a) a resident estate or (b) a nonresident estate. A trust is either property located in New York State (including all or a portion of a resident trust, nonresident trust, or part-year resident trust. If a the gain or loss from the sale or exchange of an interest in an decedent was domiciled in New York State at the time of his or her entity if the entity owns real property in New York State, or owns death, his or her estate is a resident estate and any trust created shares of stock in a cooperative housing corporation where by his or her will is a resident trust. If an irrevocable trust consists the cooperative units relating to the shares are located in New of property of a person domiciled in New York State when such York, provided that the sum of the fair market values of such property was transferred to the trust, it is a resident trust. real property, cooperative shares, and related cooperative units equals or exceeds 50% of the fair market value of the assets However, no New York State personal income tax may be imposed the entity has owned for at least two years as of the date of the on a resident trust if all of the following conditions are met (New York sale or exchange; for additional information, see TSB-M-18(1)I, State Tax Law, Article 22, section 605(b)(3)(D)). Definition of New York Source Income of a Nonresident Individual 1. All the trustees are domiciled in a state other than New York; Expanded); or tangible personal property located in New York 2. The entire corpus of the trust, including real and tangible State; personal property, is located outside of New York State (it is the – income attributable to the ownership of any interest in intangible Tax Department’s position that intangibles located in the state but personal property to the extent that it is used in a business, trade, that are not employed in a business carried on in the state are profession, or occupation carried on in New York State; not deemed to be located in the state for purposes of this rule); – income attributable to a business, trade, profession, or and occupation carried on in New York State; 3. All income and gains of the trust are derived from, or connected – income from services performed in New York State; with, sources outside of New York State, determined as if the trust were a nonresident trust. Note: If the estate or trust sold or – lottery winnings over $5,000 won in the New York State lottery on exchanged its interest in an entity that owns real property in New or after October 1, 2000; York State, the estate or trust may have income from New York – gambling winnings in excess of $5,000 from wagering State sources. For additional information, see TSB-M-18(1)I. transactions within New York State; The term resident trust also includes (1) any revocable trust – any gain from the sale, transfer, or other disposition of shares consisting of property of a person domiciled in New York State of stock in a cooperative housing corporation in connection at the time such property was transferred to the trust if it has not with the grant or transfer of a proprietary leasehold, when the later become irrevocable and (2) any revocable trust that has later real property comprising the units of such cooperative housing become irrevocable if the trust consists of property of a person corporation is located in New York State, whether or not domiciled in New York State when it became irrevocable. For this connected with a business; and purpose, a trust is revocable if it is subject to a power, exercisable – any gain recognized by the estate or trust for federal income immediately or at any future time, to revest title in the person whose tax purposes from the sale or transfer of a partnership interest, property constitutes the trust. A trust becomes irrevocable when the where the sale or transfer: possibility that such power may be exercised has ended. • is subject to the provisions of Internal Revenue Code (IRC) A nonresident estate or trust means an estate or trust that is not a section 1060, and resident for any part of the year. • occurred on or after April 10, 2017. A part-year resident trust is a trust that meets the definition of resident or nonresident for only part of the year. |
IT-205-I (2020) Page 3 of 19 The residence of the fiduciary does not affect the status of an estate For every year that the resident trust meets the conditions of Tax or trust as resident or nonresident. Law, Article 22, section 605(b)(3)(D), complete and file Form IT-205 as follows: Change of New York State residence of trust • Mark an Xin the box, Trust meets the conditions of If the person whose property constitutes a revocable trust has section 605(b)(3)(D). changed his or her domicile from or to New York State, between the • Complete Schedules A, B, and C of Form IT-205. time of transfer of the property to the trust and the time it becomes • Complete Additional estate or trust information, items A through I, irrevocable, the residence of the trust will be deemed to have been on page 3 of Form IT-205, as applicable. changed at the date it ceases to be revocable. In that case the fiduciary must, for the tax year in which the change of status of the • Complete and submit Form IT-205-C, New York State Resident trust occurs, file Form IT-205-A. Trust Nontaxable Certification, with Form IT-205. The New York source income of a part-year resident trust is the sum See Instructions for Form IT-205-C on page 16. of the following with adjustments for special accruals: – the fiduciary’s share of federal adjusted gross income for the Form IT-225, New York State Modifications – Complete Form IT-225 to report period of residence, computed as if the tax year for federal other New York fiduciary adjustments to be claimed on Form IT-205, lines 65 and 68, as applicable. For more income tax purposes were limited to the period of residence, and information, see the instructions for Form IT-225. – the fiduciary’s share of New York source income for the period of nonresidence determined as if the tax year for federal income tax Form IT-558, New York State Adjustments due to Decoupling purposes were limited to the period of nonresidence. from the IRC – Complete Form IT-558 to report New York fiduciary adjustments to federal amounts due to decoupling from the IRC on Form IT-205, lines 70a and 70b, as applicable. For more New York State forms to be filed information, see the instructions for Form IT-558. Complete Forms IT-205 and IT-205-A for New York State resident and nonresident estates and trusts and part-year resident trusts, as Form IT-230, Separate Tax on Lump-Sum Distributions – If follows: the estate or trust is a recipient of a lump-sum distribution from a • Resident estate or trust with resident beneficiaries only qualified retirement plan, compute this separate tax on the ordinary income portion using the New York forward averaging method on Complete all of Form IT-205 and submit a copy of federal Form IT-230. Schedule K-1 for each beneficiary. • Resident estate or trust with any nonresident beneficiaries Form IT-2, Summary of W-2 Statements – Form IT-2 is used to report wages and New York State, New York City, or Yonkers tax – Complete all of Form IT-205 and submit a copy of federal withheld. For more information, see the instructions on Form IT-2. Schedule K-1 for each beneficiary. – Report in Schedule C of Form IT-205 the names and Form IT-1099-R, Summary of Federal Form 1099-R addresses of all beneficiaries, both resident and nonresident, Statements – Form IT-1099-R is used to report New York State, to whom income is distributable, whether or not the income is New York City, or Yonkers tax withheld from annuities, pensions, taxable to the nonresident beneficiaries. retirement pay, or IRA payments. For more information, see the – Complete Schedules 2, 3, and 4 of Form IT-205-A and any instructions on Form IT-1099-R. of Schedules 5, 6, 7, and 8 of Form IT-205-A that apply, New York State tax returns for individuals – Every fiduciary in unless none of the income distributable to the nonresident charge of an individual’s entire income (for example, a guardian or beneficiaries is derived from New York State sources. In committee for an incompetent person) must file a return (1) for a this case, Form IT-205-A does not need to be completed resident individual - on Form IT-201, Resident Income Tax Return, even though other income is distributable to nonresident if a federal income tax return is required to be filed for the tax year beneficiaries. or if the individual has federal adjusted gross income for the tax If Form IT-205-A is not required because of the above, include year, increased by the modifications under section 612(b), in excess a statement indicating this with Form IT-205. of $4,000 or in excess of his or her New York standard deduction, • Nonresident estate or trust and part-year resident trust with if lower; or (2) for a nonresident individual - on Form IT-203, resident or nonresident beneficiaries Nonresident and Part-Year Resident Income Tax Return, if the – Complete items A, B, and C on page 1, line 1 and lines 9 individual has income from New York sources and the nonresident through 42a and Schedules B and C of Form IT-205. individual’s NYAGI (Federal amount column) is more than his or her New York standard deduction. In these cases, the fiduciary must – Complete Additional estate or trust information, items A pay the tax due. Returns are also required if the individual is subject through I, on page 3, and lines 71 through 72, on page 4 of to a separate tax on the ordinary income portion of a lump-sum Form IT-205, as applicable. distribution. – Complete Schedules 1, 2, 3, and 4 of Form IT-205-A. – Complete any of Schedules 5, 6, 7, and 8 of Form IT-205-A Tax returns for decedents – A return must be filed by the executor, administrator, or other representative of a taxpayer who died during that apply. the tax year. Use the form that would have been appropriate had – Complete and submit Form IT-182, Passive Activity Loss the taxpayer lived. (See New York State tax returns for individuals Limitations, if the estate or trust had passive activity losses. above for requirements for filing.) Special rule if entire income is taxable to fiduciary – If all of the For estate tax filing information, visit our website at www.tax.ny.gov. income of the estate or trust is taxable to the fiduciary for the 2020 tax year, no entries are required in Schedule C of Form IT-205. Exempt trusts Form IT-205-C, New York State Resident Trust Nontaxable A trust that is taxable as a corporation for federal income tax Certification, must be completed and submitted every year with a purposes is exempt from New York State personal income tax under Form IT-205 that is filed for a resident trust that meets the conditions Article 22. A trust that, by reason of its purposes or activities, is in section 605(b)(3)(D). See Need help? for information on how to exempt from federal income tax is exempt from tax under Article 22 get forms. (regardless of whether it is subject to federal and state income tax on unrelated business taxable income). |
Page 4 of 19 IT-205-I (2020) When to file Form IT-205 and it expects the withholding, estimated income tax paid with For calendar-year filers, the filing deadline is April 15, 2021. For Forms IT-2663 and IT-2664, and credits to be less than: returns filed for a period other than the calendar year, the due date 1. 90% of the tax shown on the 2021 tax return, or is the 15th day of the fourth month following the close of the tax 2. 100% of the tax shown on the 2020 tax return (110% of that year. amount if the estate’s or trust’s NYAGI on that return is more than The New York State filing deadline for a nonresident alien’s estate or $150,000, and less than ⅔ of the total federal gross income for trust is the same as for federal purposes. 2020 or 2021 is from farming or fishing). Note: The 2020 Form IT-205 may also be used for a tax year However, if the estate or trust did not file a 2020 tax return or that beginning in 2021 if: return did not cover all 12 months, item 2 above does not apply. 1. The estate or trust has a tax year of less than 12 months that Estates (and any trusts that were treated as owned by the decedent begins and ends in 2021; and and that received the residue of a decedent’s estate under the 2. The 2021 Form IT-205 is not available by the time the estate or will, or if no will is admitted to probate, were primarily responsible trust files its tax return. However, the estate or trust must show for paying debts, taxes, and other expenses of administration) are its 2021 tax year on the 2020 Form IT-205, and incorporate any exempt from paying estimated income tax payments for the tax year Tax Law changes that are effective for tax years beginning after of the decedent’s death and the following tax year. December 31, 2020. Exceptions – Generally, the estate or trust will not have to pay The current year tax forms are generally available by December 15th estimated tax if its 2021 income tax return will show (1) a tax refund, of that calendar year. Check the Tax Department website (at or (2) a tax balance due of less than $300 for New York State, www.tax.ny.gov) for the current year’s tax forms. New York City, or Yonkers. Use Form IT-2106, Estimated Income Tax Payment Voucher for Extension of time to file Fiduciaries, and instructions, Form IT-2106-I, to determine and pay If the estate or trust cannot meet the filing deadline, ask for an any amount of estimated tax required. extension of time by filing Form IT-370-PF, Application for Automatic Payments of estimated tax treated as paid by the beneficiary Extension of Time to File for Partnerships and Fiduciaries. The time (Tax Law section 685(c)(6)(D) or (F) election, as applicable) – to file will be automatically extended for five and one-half months if Fiduciaries of both estates and trusts that pay estimated tax may the estate or trust files Form IT-370-PF on time and, if required, pays elect to have any portion of estimated tax payments allocated to the tax the estate or trust owes with Form IT-370-PF. any of the beneficiaries. Fiduciaries making this election must Internet application – Extension requests may also be filed via the file Form IT-205-T, Allocation of Estimated Tax Payments to Internet; access the Tax Department website for information or to Beneficiaries, to show the allocation of any estimated tax payment submit an extension request. among the beneficiaries. Note: The fiduciary of an estate may make a section 685(c)(6)(F) election only for the last tax year of the estate. Amounts applied to each beneficiary should be reported on E-file your return Form IT-205-T. Be sure to copy the name, address, and employer identification number (EIN) of the estate or trust exactly as reported Using software? on Form IT-205. Amounts applied to each beneficiary are treated as You must e-file if your software allows you to e-file paid or credited to the beneficiary on the last day of the fiduciary’s your return, or if you are a tax preparer who is tax year and treated as a payment of estimated tax made by the subject to the e-file mandate. E-file is easy, safe beneficiary that would otherwise be due January 15, 2021. The and allows you to get your refund faster. fiduciary may make the election only if the Form IT-205-T is filed on or before the 65th day after the close of the fiduciary’s tax year. Pay a balance due by authorizing the Tax Department to An extension of time to file Form IT-205 does not extend the filing withdraw the payment from your bank account. You may also deadline for Form IT-205-T. submit a check or money order with Form IT-205-V, Payment Voucher for Fiduciary Income Tax Returns. Visit our website at Signature area www.tax.ny.gov for more information. Sign and date Form IT-205 at the bottom. The return cannot be processed if it is not signed. Where to file Enter the daytime telephone number including the area code. If enclosing a payment (check or money order), mail your return and This entry will enable the Tax Department to correct minor errors or Form IT-205-V, Payment Voucher for Fiduciary Income Tax Returns, omissions by calling rather than writing or sending back the return. to: Keep a copy of the return for future reference. If someone prepares STATE PROCESSING CENTER the return for the estate or trust, be sure to get a copy for the estate PO BOX 15555 or trust records. ALBANY NY 12212-5555 If not enclosing a payment, mail your return to: Third-party designee STATE PROCESSING CENTER If you want to authorize another individual (third-party designee) PO BOX 61000 to discuss this tax return with the New York State Tax Department, ALBANY NY 12261-0001 mark an Xin the Yes box in the third-party designee area of your Private delivery service – See Publication 55, Designated Private return. Also print the designee’s name, phone number, email Delivery Services. address, and any five-digit number the 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 Estimated income tax payments the Tax Department, print the preparer’s name in the space for the Generally, a trust or estate must pay estimated income tax if it designee’s name and enter the preparer’s phone number in the expects to owe, after subtracting any withholding, estimated income space for the designee’s phone number. You do not have to provide tax paid with Forms IT-2663 and IT-2664, and credits, at least $300 the other information requested. If you do not want to authorize of New York State, New York City, or Yonkers income tax for 2021 another person, mark an Xin the No box. |
IT-205-I (2020) Page 5 of 19 If you mark the Yes box, you are authorizing the Tax Department to more than the percentage of tax due determined by dividing the discuss with the designee any questions related to this return. You portion of the income taxable to the trust in the other jurisdiction are also authorizing the designee to give and receive confidential and taxable to the beneficiary in New York by the beneficiary’s taxpayer information relating to: total New York income. • this return, including missing information, The credit may not reduce the beneficiary’s tax due to an amount • any notices or bills arising from this filing that you share with the less than would have been due if the accumulation distribution was designee (they will not be sent to the designee), excluded from their NYAGI. The beneficiary must submit a copy of • any payments and collection activity arising from this filing, and the computation of their New York State accumulation distribution credit with their individual return. • the status of your return or refund. * These amounts should be provided to the beneficiary by the trust. This authorization will not expire but will only cover matters relating to this return. If you decide to revoke this designee’s authority at any If an accumulation distribution has been made, submit a copy of time, call us (see Need help?). federal Schedule J (Form 1041) or New York Form IT-205-J, New York State Accumulation Distribution for Exempt Resident Trusts, You are not authorizing the designee to receive your refund, bind with the return of the trust and a statement showing the computation you to anything (including any additional tax liability), or otherwise of the credit claimed with respect to each beneficiary involved. represent you before the Tax Department. If you want someone to represent you or perform services for you beyond the scope of the third-party designee, you must designate the person using a power Contributions to New York Charitable Gifts of attorney (for example, Form POA-1, Power of Attorney). Trust Fund The estate or trust must provide to each beneficiary a statement Paid preparer’s signature indicating the beneficiary’s distributive share of contributions to If you pay someone to prepare your return, the paid preparer must one or more of the following New York Charitable Gifts Trust Fund also sign it and fill in the other blanks in the paid preparer’s area of accounts: your return. A person who prepares your return and does not charge • Health Charitable Account; or you should not fill in the paid preparer’s area. • Elementary and Secondary Education Account. Paid preparer’s responsibilities – Under the law, all paid preparers must sign and complete the paid preparer section of the return. Paid Use of federal figures preparers may be subject to civil and/or criminal sanctions if they fail Income and deductions are to be entered as reportable for federal to complete this section in full. income tax purposes. When completing this section, enter your New York tax preparer However, all items reported on Form IT-205 or on statements registration identification number (NYTPRIN) if you are required or schedules submitted are subject to audit and revision by the to have one. If you are not required to have a NYTPRIN, enter in Department of Taxation and Finance. the NYTPRIN excl. code box one of the specified 2-digit codes listed below that indicates why you are exempt from the registration requirement. You must enter a NYTPRIN or an exclusion code. Penalties Also, you must enter your federal preparer tax identification number The law imposes penalties for failing to file a return or pay any tax (PTIN) if you have one; if not, you must enter your Social Security when due, for making a false or fraudulent return, or for making a number. false certification. A penalty may be charged for not paying enough estimated tax or for not making the payments on time. Code Exemption type Code Exemption type 01 Attorney 02 Employee of attorney Accounting periods and methods The accounting period for which Form IT-205 is filed and the 03 CPA 04 Employee of CPA method of accounting used are the same as for federal income tax 05 PA (Public Accountant) 06 Employee of PA purposes. If the tax year or method of accounting is changed for federal income tax purposes, the change applies similarly to the 07 Enrolled agent 08 Employee of enrolled agent New York State fiduciary return. 09 Volunteer tax preparer 10 Employee of business preparing that business’ Short tax year return If a return for a period of less than 12 months is filed for federal income tax purposes, you must also file a short period return for See our website for more information about the tax preparer New York State income tax purposes. registration requirements. Specific instructions Special depreciation – Tax Law section 612(g) All information on Form IT-205 should be for the calendar year The estate or trust may elect to deduct depreciation not in excess of January 1 through December 31, 2020, or for the fiscal year of the twice that allowed for federal purposes on certain property acquired estate. If filing for a fiscal year or short year (less than 12 months), before 1969 (see Form IT-211-I, Instructions for Form IT-211, Special enter the month, day, and year the tax year began, and the month, Depreciation Schedule). day, and year that it ended at the top of page 1. Accumulation distribution credit Type of entity A beneficiary whose New York source income includes an In the upper left corner of Form IT-205, mark an Xin the box(es) for accumulation distribution from a trust is allowed a tax credit on his or the type of entity as shown on your federal Form 1041. her New York State individual income tax return for their share of: • New York State income taxes paid by the trust,* and Electing small business trust (ESBT) • Any income tax imposed on the trust by another state, political Special federal rules apply when figuring the tax on the S portion subdivision within that state, or the District of Columbia on income of an electing small business trust. The S portion of an ESBT sourced to the other jurisdiction.* However, this credit cannot be is the portion of the trust that consists of stock in one or more |
Page 6 of 19 IT-205-I (2020) S corporations and is not treated as a grantor type trust. Compute Name and address box the New York State tax on the S portion as determined for federal Enter in the spaces at the top of the return the name of the estate or purposes, including addition and subtraction modifications that trust exactly as it appears on federal Form SS-4, the name and title relate to this income. Use the Tax computation instructions on of the fiduciary, and the address of the fiduciary. This is the mailing page 10. Enter this amount on line 12. Compute the New York City address for subsequent mailings from the Tax Department (such tax on the S portion as determined for federal purposes using the as refunds, notices, etc.). Also enter the EIN of the estate or trust New York City tax rate schedule on page 18. Enter this amount on exactly as it appears on federal Form SS-4, and the Social Security line 20. Submit with Form IT-205 the federal tax computation for number of the decedent in the spaces provided to the right of the the S portion of the ESBT. When figuring the tax on the remaining address box. (non-S) portion of the trust, disregard the S corporation items. If the ESBT consists entirely of stock in one or more S corporations, do not make any entries in Schedule A of Form IT-205. Initial return Mark an Xin this box if this is the initial return for the estate or trust. Instead: • enter the NYS tax (less any credits) on the S portion on line 12, Final return • enter the NYC tax (less any credits) on the S portion on line 20, Mark an X in this box if this is a final return because the estate or • submit with Form IT-205 the federal tax computation for the trust has terminated. S portion of the ESBT, and • complete the rest of Form IT-205. Amended returns or federal changes Generally, an amended return claiming credit for, or a refund of, an Grantor type trusts overpayment must be filed within three years from the date that the A grantor type trust is a legal trust under applicable state law original return was filed, or within two years of the date the tax was that is not recognized as a separate taxable entity for income tax paid, whichever is later. purposes because the grantor or other substantial owners have not Exception: The fiduciary must file Form IT-205 (marking an X in relinquished complete dominion and control over the trust. This can the Amended return box on page 1) within 90 days of the date the also apply to only a portion of a trust. federal return is amended if the fiduciary files an amended federal In general, a grantor trust is ignored for income tax purposes, and all return showing a change in any of the following: of the income, deductions, etc., are treated as belonging directly to – taxable income, the grantor. This also applies to any portion of a trust that is treated – total taxable amount of capital gain or ordinary income portion of as a grantor trust. a lump-sum distribution, Use the same filing method used for federal purposes. – shares of income distributable to the beneficiaries, – amount of any claim of right adjustment, or Grantor type trusts not using an optional filing method for federal purposes – amount of the estate’s or trust’s foreign tax credit affecting the computation of the resident credit for taxes paid to a province of The following instructions apply only to grantor type trusts that are Canada. not using an optional federal filing method. If the entire trust is a grantor trust, complete the entity information at To amend the fiduciary’s original Form IT-205: the top of Form IT-205 and Item G on page 3 of Form IT-205. – mark the Amended return box; If only part of the trust is treated as a grantor trust, report on – complete the entire return; Form IT-205 only the part of the income, deductions, etc., that – correct the appropriate lines with the new information; and is taxable to the trust. Submit with Form IT-205 a copy of the – refigure the estate’s or trust’s tax liability. attachment to federal Form 1041 that shows the amounts that are taxable directly to the grantor. If the total tax on line 29 is greater on the amended return than on the original return, you generally should pay the difference with the The income taxable to the grantor or another person, and the amended return. However, you should adjust this amount if there is deductions and credits that apply to that income, must be reported any increase or decrease in the total payments on line 37. by that person on his or her own income tax return. Submit a sheet that explains the reasons for the amendments and File Form IT-205 for the grantor trust and the grantor’s own income identifies the lines and amounts being changed on the return. tax return separately. Do not submit a copy of Form IT-205 with the grantor’s income tax return. The fiduciary must also file an amended return to correct any error on the original state return and to report changes made by Grantor type trusts using optional filing methods 1, 2, or 3 for the Internal Revenue Service (IRS). Submit a signed statement federal purposes indicating that you concede the federal audit changes. If you do If the trust did not have to file federal Form 1041 because it chose not concede the federal audit changes, submit a signed statement an optional filing method, do not file Form IT-205. Follow the optional explaining why. filing method instructions for federal purposes. Note: If the federal changes affect the distributable net income of the estate or trust, each beneficiary’s share of any New York Estimated tax payments on behalf of the grantor fiduciary adjustment that applies to the federal changes must be Use Form IT-2105, Estimated Tax Payment Voucher for Individuals, reported on Form IT-201-X, Amended Resident Income Tax Return, and its instructions, Form IT-2105-I, to determine and pay any or Form IT-203-X, Amended Nonresident and Part-Year Resident amount of estimated tax on behalf of the grantor. Do not use Income Tax Return, as applicable. Form IT-2106. Qualified Subchapter S Trust (QSST) Income distribution deduction For federal purposes, a QSST uses the same filing method as a Enter the total distribution of the estate or trust, from line 58 of grantor type trust not using an optional federal filing method. Use the Form IT-205. This should also equal the amount entered on federal same filing method for NYS tax purposes. Form 1041, Schedule B, line 15, income distribution deduction. Use whole dollars only. |
IT-205-I (2020) Page 7 of 19 Number of beneficiaries with missing entries are considered incomplete and cannot be Enter the number of beneficiaries of the estate or trust. processed, and may subject taxpayers to penalty and interest. Special conditions for filing your 2020 Filling in your tax return Follow these guidelines: fiduciary tax return If the estate or trust qualifies for one or more of the special conditions • Use black ink only (no red or other color ink or pencils) to print or below, enter the specified 2-character code(s) on the return. type all entries. • Do not write in dollar signs, commas, or decimal points when Code A6 Build America Bond (BAB) interest – Enter this code making entries. if the estate or trust included BAB interest in federal taxable income. For additional information, see TSB-M-10(4)I, Treatment of Interest • When entering amounts on your return, enter whole dollar Income from Build America Bonds, and Form IT-225 available on amounts only (zeros have been preprinted). Use the following our website. rounding rules when entering your amounts; drop amounts below 50 cents and increase amounts from 50 to 99 cents to the next Code E4 Nonresident aliens – Enter this code if the estate or dollar. For example, $1.39 becomes $1 and $2.50 becomes $3. trust is a U.S. nonresident alien for federal income tax purposes and • Mark an X to fill in boxes as appropriate. Do not use a check the estate or trust qualifies to file a federal income tax return on or mark. Keep your Xs and numerals inside the boxes. before June 15, 2021 (the filing deadline for your New York State return is also June 15, 2021). • If you show a loss, place a minus sign in the box immediately to the left of the loss amount. Do not use [ ] brackets or Code P2 Protective claim – If you are filing an amended parentheses. Form IT-205 to file a protective claim, mark an X in the Amended return box and enter code P2 in the Qualifying special conditions box. Line instructions A protective claim is a refund claim that is based on an unresolved Items A, B, and C on page 1 issue(s) that involves the Tax Department or another taxing Complete lines 1 through 42a, if applicable, before completing jurisdiction that may affect your New York tax(es). The purpose of items A, B, and C. filing a protective claim is to protect any potential overpayment for a Item A Resident estates and trusts – Enter the total income tax year for which the statute of limitations is due to expire. from Form IT-205, Schedule A, line 51. Nonresident estates and Code N3 Net operating loss (NOL) – If you are filing an amended trusts and part-year resident trusts – Enter the total income from Form IT-205 to report an NOL carryback, write NOL and the year of Form IT-205-A, Schedule 4, line 22, column a. the loss at the top of your amended Form IT-205. Mark an Xin the Item B Resident estates and trusts – Enter your NYAGI from Amended return box and enter code N3 in the Qualifying special page 10, NYAGI worksheet, line 5. Nonresident estates and conditions box. trusts and part-year resident trusts – Enter your NYAGI from Submit all of the following with amended Form IT-205: Form IT-205-A-I, Instructions for Form IT-205-A, page 2, NYAGI • A copy of your federal Form 1041 for the loss year. In addition, worksheet, line 5. provide any schedules or statements that are related to your loss. Item C Nonresident estates and trusts and part-year resident If your NOL will have an effect on more than one tax year, this trusts only – Enter the amount from Form IT-205-A, Schedule 1, federal information must only be submitted with the amended line 10, column a. return for the first carryback year. • A copy of your federal NOL computation, including federal Line 1 Federal taxable income of fiduciary resident estates Form 1045 and all related schedules. You do not have to include and trusts – Enter the amount of the taxable income of fiduciary as reported on Form IT-205, Schedule A, line 62. the alternative minimum tax NOL computation. Nonresident estates and trusts and part-year resident trusts – Enter the amount • A copy of your original federal Form 1041 for the carryback year. of the taxable income of fiduciary as reported on Form IT-205-A, No additional schedules/statements are required. Schedule 1, line 6, column a. • A copy of any federal documentation (if available) showing the Line 2 New York modifications relating to amounts allocated IRS has accepted your NOL carryback claim. to principal – The following amounts are to be added or subtracted Note: You must file amended Form IT-205 to claim an NOL on this line to the extent they are attributable to amounts that are not carryback within three years from the date the loss year return was includable in federal distributable net income of the estate or trust due (including any extensions). (submit a statement giving full details): A Sales or dispositions of assets acquired before 1960 with Limitation on tax credit eligibility greater state than federal bases – When federally taxable gains If the estate or trust (or an S corporation of which it was a are realized from the sale of certain assets that have higher adjusted shareholder, or partnership of which it was a partner) is convicted of bases for state tax purposes, subtraction adjustments must be made an offense defined in New York State Penal Law Article 200 (Bribery to reduce the gain for state tax purposes. State income tax laws Involving Public Servants and Related Offenses) or 496 (Corrupting prior to 1960 and currently existing state income tax laws about the Government), or section 195.20 (Defrauding the Government), depletion can cause these differences in adjusted bases. the estate or trust is not eligible for any tax credit allowed under Tax Law Article 9, 9-A, or 33, or any business tax credit allowed under If federal taxable income included gain that was from either: Tax Law Article 22. A business tax credit allowed under Article 22 is • property that had a higher adjusted basis for New York a tax credit allowed to taxpayers under Article 22 that is substantially State income tax purposes than for federal tax purposes on similar to a tax credit allowed to taxpayers under Article 9-A. December 31, 1959 (or on the last day of a fiscal year ending during 1960); or Important reminder to file a complete return • property that was held in connection with mines, oil or gas wells, You must complete all required schedules and forms that make up and other natural deposits and that had a higher adjusted basis your return, and include all pages of those forms and schedules for New York State income tax purposes than for federal tax when you file. Submit only those forms and schedules that apply purposes when sold; to your return, and be sure that you have made all required entries. Returns that are missing required pages or that have pages |
Page 8 of 19 IT-205-I (2020) then include as a subtraction on line 2, the lesser of: H Sales or dispositions of assets acquired from decedents – • the gain itself or In certain cases involving assets of decedents, the assets can acquire different basis for state and federal tax purposes. In those • the difference in the adjusted bases. cases, adjustments in the gains or losses on the sales or disposition B Income earned before 1960 and previously reported to of those assets must eventually be made. New York State – Due to a different set of state income tax laws If, during the tax year, there was a sale or other disposition of for any tax year ending before 1960 (and any fiscal tax year ending any stocks, bonds, property, or other assets that had been either during 1960), income that is reportable for federal purposes for inherited or sold or disposed of directly by the estate of a decedent, 2020 that was reported for New York State tax purposes then, is not and if the estate of the decedent who left behind those assets was subject to New York State tax again. not large enough to require the filing of a federal estate tax return, If any income (including annuity income) or gain was included in the and if the executor or administrator of that estate had valued 2020 federal taxable income that was properly reported as income those assets for New York State purposes at less than their value to New York State prior to 1960 (or during a fiscal year ending in for federal purposes, then include as an addition on line 2 the 1960) by either: difference between (a) the gain or loss on that sale or disposition that you figured into the federal taxable income of the estate or trust • the estate or trust; or for the tax year, and (b) the gain or loss that would have resulted • the decedent or estate or trust from whom the fiduciary acquired if the executor or administrator had valued the assets for federal that income or gain; purposes at the same value that he or she valued them for New York then include that income or gain as a subtraction on line 2. State purposes. This adjustment is not required for property acquired for decedents C Wage and salary expenses allowed as federal credits but not whose date of death was on or after February 1, 2000. as federal expenses – The federal government allows certain wage and salary payments to others to be taken as credits against taxes Loss from the sale or disposition of property that would have instead of as expenses against income. New York State does not been realized if a federal estate tax return had been required – have comparable credits, but does allow the expenses. If the estate or trust acquired property from a decedent and the If the estate or trust took a credit for which a deduction for wages property was valued by the executor of the estate in such manner and salary expenses is not allowed under Internal Revenue Code where the estate was insufficient to require the filing of a federal (IRC) section 280C, then include the wage payments not deductible estate tax return, and a loss on the sale would have been realized for federal purposes as a subtraction on line 2. if a federal estate tax return had been required, then include as a subtraction on line 2 the amount of the loss that would have been D Gain to be subtracted from the sale of a new business realized. investment reported on your federal income tax return – If the This adjustment is not required for property acquired from decedents estate or trust reported a capital gain on its federal income tax return whose date of death was on or after February 1, 2000. from the sale of a new business investment that was issued before 1988 and was held at least six years, include 100% of that federal I Special depreciation – If the estate or trust made an election for gain as a subtraction on line 2. tax years beginning before 1987 for special depreciation for: E Percentage depletion – If the estate or trust claimed a • research and development expenditures, deduction on its federal return for percentage depletion on mines, • waste treatment facility expenditures, oil and gas wells, and other natural deposits, then include as an • air pollution control equipment expenditures, or addition on line 2 the amount deducted in figuring the federal taxable income of the estate or trust. • acid deposition control equipment, then include as an addition on line 2 any amount that was added to Cost depletion – New York State does not allow percentage federal taxable income. depletion of natural resource holdings but does allow cost depletion. Special depreciation expenditures – The excess expenditures If the estate or trust is making a New York addition for any incurred in tax years beginning before 1987 in connection with percentage depletion deducted for property in determining its federal depreciable, tangible business property located in New York taxable income, then: State may be carried over to the following tax year or years and • compute the cost depletion that would be allowed on that property subtracted from federal taxable income for that year(s) if those by IRC section 611 without any reference to either section 613 or expenses exceeded the New York taxable income of the estate or 613-a of that code; and trust before the allowance of those expenditures. • include that amount as a subtraction on line 2. If the estate or trust incurred such expenditures, then complete F Special additional mortgage recording tax deduction – If the Form IT-211, Special Depreciation Schedule, to figure the amount to estate or trust deducted special additional mortgage recording tax include as a subtraction on line 2. in computing its federal taxable income, and the special additional J New business investment; deferral recognition – If in any tax tax was paid before January 1, 1988, and in a prior year the estate year beginning on or after January 1, 1982, and before 1988, the or trust was allowed a New York State personal income tax credit for estate or trust chose to subtract all or a portion of a long term capital that tax, then include the amount deducted as an addition on line 2. gain from federal taxable income because that amount had been Do not make the addition for the tax paid to record a mortgage on or reinvested in a new New York business, and if that reinvestment after January 1, 2004, even if the estate or trust claimed a credit for was sold in 2020, then include as an addition on line 2 the amount that tax. that had previously been subtracted. G Special additional mortgage recording tax basis adjustment K Deductions attributable to safe harbor leases (such a lease – If property on which the estate or trust paid a special additional is a financial arrangement between either a corporation, partnership, mortgage recording tax was sold or disposed of, and a special or certain grantor trusts and a person, firm, estate, or trust to additional tax was paid before January 1, 1988, and in a prior year acquire and use an asset; the arrangement is allowed for federal the estate or trust claimed a New York State personal income tax tax purposes, but is not allowed for state tax purposes unless it credit for that tax, then include as an addition on line 2 the amount, involves mass transit vehicles) – If, in figuring the federal taxable if any, of the federal basis of the property that was not adjusted to income of the estate or trust, they took deductions attributable to reflect the amount of credit allowed. a safe harbor lease (except for mass transit vehicles) made under an election provided for by IRC section 168(f)(8) as it was in effect |
IT-205-I (2020) Page 9 of 19 for agreements entered into prior to January 1, 1984, then include – property placed in service outside New York State during tax those deductions as an addition on line 2 and see L below. years 1985-1993 (other than IRC section 280F property), and it elects to continue using IRC section 167 depreciation, Amount that was included in federal income because the IRC 168(f)(8) election was made – Ifan amount was included in federal then include on line 2 as an addition the amount that was deducted taxable income (except for mass transit vehicles) solely because the in figuring the federal taxable income. safe harbor election was made on the federal return of the estate or trust for agreements entered into before January 1, 1984, then N Accelerated cost recovery property; year of disposition include that amount as a subtraction on line 2. adjustment – If the estate or trust disposed of property during 2020 that it depreciated for federal purposes using ACRS, then L Safe harbor leases; election for qualified leased property the estate or trust must complete Part 2 of Form IT-399, New York (see K above for a definition of safe harbor leases) – If the estate’s State Depreciation Schedule, to figure the amount to include as or trust’s financial matters in 2020 involved a safe harbor lease (except an addition, or subtraction on line 2, depending on the total federal for mass transit vehicles) made under an election provided for by ACRS deduction claimed being less than or more than the total NY IRC section 168(f)(8) as it was in effect for agreements entered into depreciation claimed. prior to January 1, 1984, then the estate or trust must include as an addition on line 2 the income that they would have included in their O Gain on property transferred to trust at less than fair market federal taxable income if such an election had not been made. value – If a trust sells or exchanges property at a gain not more than two years after the date of the initial transfer of the property Amount that could have been excluded from federal taxable in trust by the transferor, and the fair market value of the property income had the IRC 168(f)(8) election not been made – If an at the time of the initial transfer in trust by the transferor exceeds amount could have been excluded from federal taxable income the adjusted basis of such property immediately after the transfer, (except for mass transit vehicles) had the safe harbor election then include as an addition on line 2 the amount of any includable not been made on the federal return of the estate or trust for gain, reduced by any allowable deductions to that gain, where tax agreements entered into before January 1, 1984, then the estate or was imposed by IRC section 644, relating to sales or exchanges trust must include that amount as a subtraction on line 2. occurring on or before August 5, 1997. M Accelerated cost recovery system (ACRS) deduction P Refund of the qualified empire zone enterprise (QEZE) credit New York State does not allow ACRS depreciation for property for real property taxes included in federal taxable income – If placed in service inside or outside New York State during tax years the estate or trust included in its federal taxable income the amount 1981, 1982, 1983, and 1984. The estate or trust must figure its of any refund of the QEZE credit for real property taxes, then New York depreciation by using one of the methods provided for in include that amount as a subtraction on line 2. IRC section 167 as it was in effect on December 31, 1980 (such as straight line, declining balance, etc.). Q NOL deduction limitation – For New York State income tax purposes, your federal NOL deduction is limited to your federal For property (except for property classified as IRC section 280F NOL deduction (from federal Form 1045) or your federal taxable property) placed in service outside New York State for tax years income computed without the NOL deduction, whichever is less. If beginning after 1984 but before 1994, New York did not allow ACRS the amount of your federal NOL deduction is less than your federal or modified accelerated cost recovery system (MACRS) depreciation taxable income computed without the NOL deduction, you are under IRC section 168. Instead, New York allowed the depreciation allowed the same NOL deduction amount for New York State income deduction that would have been allowed under IRC section 167 as it tax purposes as claimed on your federal return. was in effect on December 31, 1980. If the amount of your federal NOL deduction is limited to your federal However, ifthe estate or trust claimed ACRS depreciation on taxable income computed without the NOL deduction,then include its federal return for property not classified as IRC section 280F the amount computed as your New York NOL addition modification property and that property was placed in service outside New York in Publication 145, Net Operating Losses (NOLs) for New York State State in tax years beginning after December 31, 1984, but before Resident Individuals, Estates, and Trusts, NOL Worksheet. January 1, 1994 (including property on which ACRS depreciation was figured in accordance with the Federal Tax Reform Act of 1986), S corporation shareholders – If the estate or trust is a shareholder then the estate or trust may: of an S corporation, use the information below to determine the modification to be included on line 2 where the S corporation – continue using the pre-1981 IRC section 167 depreciation on income, loss, or deduction has been allocated to principal. that property, making the applicable depreciation addition and subtraction, or If the estate or trust is a shareholder of a federal S corporation for – choose to switch to the IRC section 168 depreciation deduction. which the election to be a New York S corporation was in effect for the tax year, include any of the above additions and subtractions An estate or trust choosing to switch to the IRC section 168 that apply to the estate’s or trust’s share of S corporation items depreciation deduction is no longer responsible to make the New of income, loss, or deduction, plus the addition required by Tax York depreciation addition and subtraction adjustments, since the Law section 612(b)(18). If the election to treat the corporation as a estate or trust will now be allowed to claim the same depreciation as New York S corporation terminated during the tax year, the estate was claimed on the federal tax return for property placed in service or trust must allocate the additions and subtractions. Obtain the outside New York State in tax years 1985 through 1993. If the estate estate’s or trust’s share of S corporation items of income, loss, and or trust switches to IRC section 168 depreciation, the estate or trust deduction from the S corporation. must use IRC section 168 depreciation from this tax year forward, and must use it for all subject property owned by the estate or trust. If the estate or trust is a shareholder of an S corporation that was For more information concerning this property, see TSB-M-99(1)I, eligible to make the election to be a New York S corporation for the New York Depreciation Deduction for Property Placed in Service tax year but did not make the election, include only those additions Outside New York State in Tax Years 1985-1993. This TSB-M is required by sections 612(b)(19) and 612(b)(20) and the subtraction available on the Tax Department website. required by section 612(c)(22). If the estate or trust claimed ACRS depreciation on its federal return If the estate or trust was not eligible to make the election to treat its for: corporation as a New York S corporation because the corporation was not subject to Article 9-A franchise tax, include any of the above – property placed in service during tax years 1981-1984 (other than additions and subtractions that apply to estate’s or trust’s pro rata IRC section 280F property), or share of S corporation items of income, loss, or deduction. |
Page 10 of 19 IT-205-I (2020) If the estate or trust had a gain or loss recognized on its New York State tax rate schedule (for line 6) federal income tax return because of the disposition of stock If the amount on line 5 is: or indebtedness of an S corporation, and if that S corporation but did not have an election to treat the corporation as a New York over not over Enter on line 6: S corporation in effect for any tax year beginning: $ 0 $ 8,500 4% of amount on line 5 – after December 31, 1980, if taxable as a corporation under Tax 8,500 11,700 $ 340 plus 4.5% of amount over $ 8,500 Law Article 9-A (General Business Corporation Franchise Tax); or 11,700 13,900 484 plus 5.25% " " " 11,700 – after December 31, 1996, if taxable as a corporation under Tax 13,900 21,400 600 plus 5.9% " " " 13,900 Law Article 32 (Banking Corporation Franchise Tax) when it was 21,400 80,650 1,042 plus 6.09% " " " 21,400 in effect before its repeal; 80,650 215,400 4,650 plus 6.41% " " " 80,650 215,400 1,077,550 13,288 plus 6.85% " " " 215,400 then include on line 2 as an addition the increase in basis of stock or 1,077,550 ................... 72,345 plus 8.82% “ “ “ 1,077,550 indebtedness that is due to the application of IRC sections 1376(a) (as in effect for tax years beginning before January 1, 1983) and 1367(a)(1)(A) and (B) for each tax year that the New York election Tax computation worksheet 1 was not in effect and include on line 2 as a subtraction the reduction If NYAGI worksheet, line 5, is more than $107,650, but not more in basis of stock or indebtedness that is due to the application of than $1,077,550, and the estate’s or trust’s taxable income from IRC sections 1376(b) (as in effect for tax years beginning before Form IT-205, line 5, is $215,400 or less, the estate or trust must January 1, 1983) and 1367(a)(2)(B) and (C) for each tax year that compute its tax using this worksheet. the New York election was not in effect. 1 Enter the amount from NYAGI worksheet, Line 4 Fiduciary’s share of New York fiduciary adjustment line 5 ................................................................ 1 Enter on this line the total of the fiduciary’s share of New York 2 Enter the estate’s or trust’s taxable income fiduciary adjustment from Form IT-205, Schedule C, columns 5 and from Form IT-205, line 5................................... 2 6. 3 Multiply line 2 above by 6.41% (.0641) (Stop: Special rule if entire net income is taxable to the fiduciary – If If the line 1 amount above is $157,650 or of the income of the estate or trust is taxable to the fiduciary for more, skip lines 4 through 8 and enter the all line 3 amount on line 9) ................................... 3 the 2020 tax year, enter the amount from Form IT-205, Schedule B, lines 70 and 70c. 4 Enter the estate’s or trust’s New York State tax on the line 2 amount above from the New York Line 6 New York State tax State tax rate schedule ................................... 4 NYAGI worksheet 5 Subtract line 4 from line 3 ............................... 5 6 Enter the excess of line 1 over $107,650 ....... 6 Complete NYAGI worksheet as follows: 7 Divide line 6 by $50,000 and round the result 1 Enter federal adjusted gross income (see to the fourth decimal place .............................. 7 Adjusted gross income (AGI) in the instructions 8 Multiply line 5 by line 7 .................................... 8 for federal Form 1041) .................................... 1 9 Add lines 4 and 8. Enter here and on 2 Enter amount from Form IT-205, line 2 ........... 2 Form IT-205, line 6 .......................................... 9 3 Enter the net amount of the fiduciary share of additions and subtractions from Form IT-205, Tax computation worksheet 2 Schedule B, lines 63 through 69, that relate to If NYAGI worksheet, line 5, is more than $215,400, but not more the income reported on Form IT-205, lines 43 than $1,077,550, and the estate’s or trust’s taxable income from through 50 ...................................................... 3 Form IT-205, line 5, is more than $215,400, the estate or trust 3a Enter the net amount of the fiduciary share of must compute its tax using this worksheet. additions and subtractions from Form IT-205, 1 Enter the amount from NYAGI worksheet, Schedule B, lines 70a and 70b, that relate to line 5 ............................................................... 1 the income reported on Form IT-205, lines 43 through 50 ...................................................... 3a 2 Enter the estate’s or trust’s taxable income from Form IT-205, line 5................................... 2 4 Combine lines 2, 3, and 3a ............................. 4 3 Multiply line 2 above by 6.85% (.0685) (Stop: 5 NYAGI (line 1 plus or minus line 4; enter here and If the line 1 amount above is $265,400 or on Form IT-205, page 1, Item B) .......................... 5 more, skip lines 4 through 10 and enter the line 3 amount on line 11) ................................. 3 4 Enter the estate’s or trust’s New York State tax Tax computation on the line 2 amount above from the New York • If NYAGI worksheet, line 5, is $107,650 or less, compute State tax rate schedule .................................... 4 the estate’s or trust’s New York State tax on the amount on 5 Subtract line 4 from line 3 ............................... 5 Form IT-205, line 5, using the New York State tax rate schedule below. Enter the tax amount on Form IT-205, line 6. 6 Enter $519 on line 6 ........................................ 6 519 • If NYAGI worksheet, line 5, is more than $107,650, the estate or 7 Subtract line 6 from line 5 ............................... 7 trust must compute its tax using the appropriate tax computation 8 Enter the excess of line 1 over $215,400 ........ 8 worksheet below and on page 11. 9 Divide line 8 by $50,000 and round the result to the fourth decimal place .............................. 9 10 Multiply line 7 by line 9 .................................... 10 11 Add lines 4, 6, and 10. Enter here and on Form IT-205, line 6 ........................................... 11 |
IT-205-I (2020) Page 11 of 19 Tax computation worksheet 3 – green building credit (Form DTF-630) If NYAGI worksheet, line 5, is more than $1,077,550, the estate or – low-income housing credit (Form DTF-624) trust must compute its tax using this worksheet. – long-term care insurance credit (Form IT-249) 1 Enter the amount from NYAGI worksheet, – special additional mortgage recording tax credit (Form IT-256) line 5 ............................................................... 1 – credit for taxicabs and livery service vehicles accessible to 2 Enter the estate’s or trust’s taxable income persons with disabilities for purchases or costs incurred before from Form IT-205, line 5................................... 2 January 1, 2011 (Form IT-239) 3 Multiply line 2 above by 8.82% (.0882) (Stop: – rehabilitation of historic properties credit (Form IT-238) If the line 1 amount above is $1,127,550 or more, skip lines 4 through 10 and enter the – Empire State commercial production credit (Form IT-246) line 3 amount on line 11) ................................. 3 – Empire State film post-production credit (Form IT-261) 4 Enter the estate’s or trust’s New York State tax – credit for taxicabs and livery service vehicles accessible to on the line 2 amount above from the New York persons with disabilities for costs incurred on or after January 1, State tax rate schedule ................................... 4 2011 (Form IT-236) 5 Subtract line 4 from line 3 ............................... 5 – alternative fuels and electric vehicle recharging property credit 6 If line 2 is $215,400 or less, enter $519 on line 6. (Form IT-637) If line 2 is more than $215,400, enter $1,467 on – temporary deferral nonrefundable payout credit (Form IT-501) line 6. .............................................................. 6 – hire a veteran credit (Form IT-643) 7 Subtract line 6 from line 5 ............................... 7 – workers with disabilities credit (Form IT-644) 8 Enter the excess of line 1 over $1,077,550 .... 8 Line 11 Resident estate or trust: Subtract line 10 from line 8 9 Divide line 8 by $50,000 and round the result and enter the result. Nonresident estate or trust or part-year to the fourth decimal place .............................. 9 resident trust: Subtract line 10 from line 9 and enter the result. 10 Multiply line 7 by line 9 .................................... 10 If the result is less than zero, enter 0; do not enter a negative number. 11 Add lines 4, 6, and 10. Enter here and on Line 12 State separate tax on lump-sum distributions and Form IT-205, line 6 ........................................... 11 other addbacks – Enter the amount of any separate tax on lump-sum distributions due from Form IT-230 (submit form). If the Line 7 – Enter the New York State tax on the capital gain portion credit under section 620-A is claimed, enter the amount of separate of the estate’s or trust’s lump-sum distribution from Form IT-230, tax on lump-sum distributions due after allowance of the credit and Part 2, line 2. Submit Form IT-230 with the fiduciary return submit Form IT-112.1, New York State Resident Credit Against (Form IT-205). Separate Tax on Lump-Sum Distributions. Enter any New York State tax on the S portion of an electing small business trust (ESBT). Also Line 9 Allocated New York State tax – Enter the amount from enter on this line any amount of addback of the following credits. Form IT-205-A, Schedule 1, line 13, if a nonresident estate or trust Submit all applicable credit forms. or a part-year resident trust. – investment credit on early dispositions (Form IT-212) If the estate or trust used Form IT-230, Part 2, to compute the – empire zone (EZ) investment credit on early dispositions tax on the capital gain portion of the estate’s or trust’s lump-sum (Form IT-603) distribution, mark an Xin the box. Submit Form IT-230 with the – resident credit for taxes paid to a province of Canada fiduciary return. (Form IT-112-C) Line 10 Nonrefundable state credits – alternative fuels credit on early dispositions (for trusts only) Enter on this line the total of all nonrefundable state credits. Submit (Form IT-253) all applicable credit forms. – farmers’ school tax credit on early dispositions (Form IT-217) New York State nonrefundable, non-carryover credits: – investment credit - financial services industry - on early dispositions (Form IT-252) – resident credit (Forms IT-112-R and IT-112-C) – EZ investment - financial services industry - on early dispositions – accumulation distribution credit (submit computation) (Form IT-605) – defibrillator credit (Form IT-250) – EZ capital tax credit recapture (Form IT-602) – QEZE tax reduction credit (Form IT-604) – qualified emerging technology company (QETC) capital tax credit New York State nonrefundable, carryover credits: on early dispositions (Form DTF-622) – investment credit (Form IT-212) – qualified empire zone enterprise (QEZE) credit for real property taxes (Form IT-606) – FSI investment tax credit (Form IT-252) – low-income housing credit (Form DTF-626) – EZ investment tax credit and EZ employment incentive credit (Form IT-603) – brownfield redevelopment tax credit (Form IT-611/ Form IT-611.1/Form IT-611.2) – FSI EZ investment tax credit and FSI EZ employment incentive credit (Form IT-605) – remediated brownfield real property tax credit (Form IT-612) – EZ wage tax credit carryover and ZEA wage tax credit carryover – environmental remediation insurance credit (Form IT-613) (Form IT-601) – rehabilitation of historic properties credit (Form IT-238) – EZ capital tax credit (Form IT-602) – excelsior jobs program credit (Form IT-607) – QETC capital tax credit (Form DTF-622) – economic transformation and facility redevelopment program tax – employment of persons with disabilities credit (Form IT-251) credit (Form IT-633) – alternative fuels credit (Form IT-253) – Empire State jobs retention program credit (Form IT-634) – residential fuel oil storage tank credit carryover (submit – alternative fuels and electric vehicle recharging property credit computation) (Form IT-637) – real property tax credit for manufacturers (Form IT-641) |
Page 12 of 19 IT-205-I (2020) – recapture of START-UP NY tax benefits (Form IT-645) Form IT-205-T. Submit Form IT-205-T with your return only if you are – employer-provided childcare credit (Form IT-652) making the section 685(c)(6)(D) or (F) election, as applicable, with Form IT-205. If you have already filed Form IT-205-T, do not submit Addbacks worksheet a copy with your return. Note: Complete this worksheet only if you have any of the addbacks listed above in order to determine the amount to enter on line 12. Line 32a – Amount paid with original return, plus additional tax paid after your original return was filed 1 Total addback credits ...................................... 1 If this is an amended return, enter the amount from your original 2 Amount entered on Form IT-205, line 41. If you paid additional amounts since your line 10 .................................. 2 original return was filed, also include these payments on line 32a. 3 Amount entered on If you did not pay the entire balance due shown on your original line 8 or 9 .......................... 3 return, enter the actual amount that was paid. Do not include 4 Subtract line 3 from line 2 payments of interest or penalties. (if zero or less, enter 0) .................................. 4 5 Subtract line 4 from line 1 Line 33 Refundable credits (if zero or less, enter 0 ) .................................. 5 If the estate or trust is claiming one or more of the refundable credits 6 Enter separate tax on lump-sum listed below, identify each credit being claimed and its amount in the distributions (see line 12 box labeled Identify on this line, and include the amount(s) of the instructions) .................................................... 6 refundable credit(s) in the total for this line. If you need more room, 7 Add lines 5 and 6 and enter the make a list showing each credit and its amount and submit the list total on Form IT-205, line 12 ........................... 7 with your fiduciary return. Submit all applicable credit forms. – investment credit refund (ICR) (Form IT-212) Line 13 – This line does not apply to the current tax year and – farmers’ school tax credit (Form IT-217) therefore has been shaded. – investment credit - financial services industry refund Line 14 – Add lines 11 and 12. If the result is less than zero, enter 0; (Form IT-252) do not enter a negative number. – empire zone investment and employment incentive tax credit (Form IT-603) Lines 15a through 23 New York City taxes and credits – These lines refer only to New York City taxes and credits. See – empire zone investment tax credit - financial services industry the instructions for these lines under New York City and Yonkers (Form IT-605) fiduciary taxes, which starts on page 16. – qualified emerging technology company employment credit (Form DTF-621) Line 24 – This line does not apply to the current tax year and therefore has been shaded. – qualified empire zone enterprise (QEZE) credit for real property taxes (Form IT-606) Lines 25, 26, and 27 Yonkers taxes – These lines refer only to – total New York State, New York City, and Yonkers claim of right Yonkers tax. See the instructions for these lines under New York credits (Form IT-257) City and Yonkers fiduciary taxes, which starts on page 16. – Empire State film production credit (Form IT-248) Line 28 Sales or use tax – Enter sales or use tax due. See – brownfield redevelopment tax credit Line 28 Sales or use tax on page 18. (Forms IT-611/ IT-611.1/IT-611.2) Line 29 – Add lines 14 and 23 through 28. If the result is less than – remediated brownfield real property tax credit (Form IT-612) zero, enter 0do; not enter a negative number. – environmental remediation insurance credit (Form IT-613) Line 30 – Enter estimated tax payments. Also enter the amount – special additional mortgage recording tax credit (Form IT-256) you paid with Form IT-370-PF. Also include any amounts of – security officer training tax credit (Form IT-631) estimated income tax paid with Form IT-2663,Nonresident Real Property Estimated Income Tax Payment Form, and Form IT-2664, – rehabilitation of historic properties credit (Form IT-238) Nonresident Cooperative Unit Estimated Income Tax Payment Form. Note: You must provide to your beneficiaries a separate You can check your balance and reconcile your estimated income statement indicating the project number(s) if you are passing tax account by going to our website, or by writing to us at: through the credit to your beneficiaries. The project number is NYS TAX DEPARTMENT the National Park Services (NPS) number that identifies the ESTIMATED TAX UNIT rehabilitation project. Project number(s) must be provided for tax W A HARRIMAN CAMPUS credit amounts passed through to the estate or trust and for tax ALBANY NY 12227-0822 credit amounts generated by the estate or trust. Private delivery services – If not using U.S. Mail, see Pub 55, – conservation easement credit (Form IT-242) Designated Private Delivery Services. – clean heating fuel credit (Form IT-241) Line 31 – If the fiduciary makes the election under Tax Law – Empire State commercial production credit (Form IT-246) section 685(c)(6)(D) or (F) to have any portion of an estimated – Empire State film post-production credit (Form IT-261) tax payment treated as a payment of estimated tax made by a – excelsior jobs program credit (Form IT-607) beneficiary or beneficiaries, enter the amount on this line. – economic transformation and facility redevelopment program tax The estimated tax payment allocated to beneficiaries is treated as credit (Form IT-633) having been distributed on the last day of the preceding tax year. – Empire State jobs retention program credit (Form IT-634) If the election is made, Form IT-205-T, Allocation of Estimated Tax Payments to Beneficiaries, must be filed on or before the 65th day – New York youth jobs program credit (Form IT-635) after the close of the fiduciary’s tax year. – alcoholic beverage production credit (Form IT-636) Form IT-205-T shows the amounts to be allocated to each – START-UP NY tax elimination credit (Form IT-638) beneficiary. For a fiduciary with a 2020 calendar year, failure to – START-UP NY telecommunication services excise tax credit file Form IT-205-T on or before March 8, 2021, will result in an (Form IT-640) invalid election. For more information, see the instructions for |
IT-205-I (2020) Page 13 of 19 Note: You must supply the START-UP NY business Certificate Paper checks – The Tax Department will mail your refund check of Eligibility number and year of tax benefit period in which the to the mailing address entered on your return. Paper checks take credit is being claimed if you are passing through the credit weeks to be processed, printed, and mailed. or income for the START-UP NY business activity to your beneficiaries. If you don’t have a bank account, you will likely be charged a fee to – real property tax credit for manufacturers (Form IT-641) cash your check. – minimum wage reimbursement credit (Form IT-639) Collection of debts from your refund – We will keep all or part of – musical and theatrical production credit (Form IT-642) your overpayment (refund) if you owe a New York State tax liability or a New York City or Yonkers personal income tax liability, or MCTMT – employee training incentive program credit (Form IT-646) liability, if you owe past-due support or a past-due legally enforceable – farm workforce retention credit (Form IT-647) debt to the IRS, to a New York State agency, or to another state, if – life sciences research and development tax credit (Form IT-648) you defaulted on a governmental education, state university, or city university loan, or if you owe a New York City tax warrant judgment – farm donations to food pantries credit (Form IT-649) debt. We will refund any amount that exceeds your debt. – Empire State apprenticeship tax credit (Form IT-650) A New York State agency includes any state department, board, – recovery tax credit (Form IT-651) bureau, division, commission, committee, public authority, public – employer-provided childcare credit (Form IT-652) benefit corporation, council, office, or other entity performing a governmental or proprietary function for the state or a social Lines 34, 35, and 36 Total New York State, New York City and services district. Yonkers tax withheld If you have questions about whether you owe a past-due legally Enter on the appropriate line, the total New York State, New York enforceable debt to the IRS, to another state, or to a New York State City, and Yonkers tax withheld from: agency, contact the IRS, the other state, or the New York State • Form(s) IT-2, agency. • Form(s) IT-1099-R, For New York State tax liabilities or New York City or Yonkers • federal Form(s) 1099-G, and personal income tax liabilities, or MCTMT liabilities, call • New York State lottery distributions (submit federal Form W-2G) 518-457-5434 or write to: NYS Tax Department, Civil Enforcement Submit these forms with your return. Division, W A Harriman Campus, Albany NY 12227-4000. If not using U.S. Mail, see Publication 55. Line 37 Total payments If this is an amended return, reduce the sum of lines 32 through 36 Line 40 Estimated tax by the overpayment, if any, shown on your original Form IT-205, Enter the amount of overpayment from line 38 that you want applied line 38. If the overpayment claimed on your original return was to your New York State, New York City, and Yonkers estimated tax previously adjusted by the Tax Department, reduce the sum of for 2021. The total of lines 39 and 40 should equal the amount on lines 32 through 36 by the adjusted overpayment. Do not include line 38. interest you received on any refund when determining such overpayment amount. Enter the result on line 37. Line 41 Amount you owe If you choose to pay by electronic funds withdrawal, mark an Xin Line 38 Amount overpaid the box on this line, enter your account information on lines 71a, Your net overpayment can be: 71b, and 71c, and enter your electronic funds withdrawal information 1) refunded to you (enter amount on line 39); on line 72. 2) applied to your 2021 estimated tax (enter on line 40); or Payment options 3) divided between options 1 and 2. By automatic bank withdrawal – You may authorize the Tax Department to make an electronic funds withdrawal from your bank Line 39 Your refund account either by completing line 72, or on our website. You must file a return to get a refund. Note: This payment option is not available if the funds for your Enter the amount of overpayment you want refunded to you. You payment would come from an account outside the U.S. (see line 71 have two ways to receive your refund. You can choose either instructions). direct deposit, to have the funds deposited directly into your bank account, or paper check, to have the funds mailed to you. File now/Pay later! You must specify a future payment date up to Mark an Xin one box to indicate your choice. and including April 15, 2021. If you file before April 15, money will not be withdrawn from your account before the date you specify. To Refund options avoid interest and penalties, you must authorize a withdrawal on Direct deposit – Direct deposit is the fastest and easiest way to or before the filing deadline. If you designate a weekend or a bank get your refund. holiday, the payment will be withdrawn the next business day. See line 71 instructions. If you choose direct deposit, enter your account information on line 71 for a fast and secure direct deposit of your refund (see By check or money order – If you owe more than one dollar, line 71 instructions). Generally, the Tax Department will not notify include full payment with your return. Make check or money order you that your refund has been deposited. However, if the amount we payable in U.S. funds to NY State Income Tax; write the estate deposit is different from the amount of refund you claimed, we will or trust’s EIN and 2020 Fiduciary Income Tax on it. Do not send send you a written explanation of the adjustment within two weeks cash. from the date your refund is deposited. If we cannot make the direct You must submit Form IT-205-V if you are making a payment deposit for any reason (for example, you don’t enter complete and by check or money order. For additional information, see correct account information at line 71), we will send your refund to Form IT-205-V. the mailing address on your return. Fee for payments returned by banks – The law allows the Tax Note: Direct deposit of your refund is not available if the refund Department to charge a $50 fee when a check, money order, or would go to an account outside the U.S. (see line 71 instructions). electronic payment is returned by a bank for nonpayment. However, |
Page 14 of 19 IT-205-I (2020) if an electronic payment is returned as a result of an error by the If you have any of the addition or subtraction modifications (see bank or the department, the department won’t charge the fee. chart below) relating to your partnership or S corporation income, include the amount on the applicable line. For all other additions If your payment is returned, we will send a separate bill for $50 for and subtractions relating to the estate’s or trust’s income from a each return or other tax document associated with the returned partnership or S corporation, complete Form IT-225. payment. Line 42 Estimated tax penalty – If line 41 is at least $300 and Modification Description Line represents more than 10% of the tax shown on the fiduciary return, code number or the fiduciary underpaid its estimated tax liability for any payment period, the fiduciary may owe a penalty. However, the fiduciary A-113 Interest income on state and local 63 may not be subject to a penalty if its 2020 prepayments equal at bonds and obligations least 100% of the income tax shown on the 2019 Form IT-205 A-201 Personal income taxes and UBT 64 (110% of that amount if the estate’s or trust’s NYAGI on that return deducted in determining federal is more than $150,000 and less than two-thirds of the total federal income gross income for 2019 or 2020 is from farming or fishing). A full 12-month year Form IT-205 must have been filed for 2019. Obtain S-125 Interest income on U.S. government 67 Form IT-2105.9, Underpayment of Estimated Tax by Individuals bonds and Fiduciaries, to see if the estate or trust owes a penalty and to figure the amount. The estimated tax penalty will apply to most Beneficiary of another estate or trust trusts. It will also apply to estates (and certain grantor trusts that If the estate or trust is a beneficiary of another estate or trust, the receive the residue of the decedent’s estate under the decedent’s share of the fiduciary adjustment of the other estate or trust to be will) with respect to any tax year ending two or more years after included in Schedule B of Form IT-205 may generally be obtained the date of death of the decedent. If the estate or trust owes a from its fiduciary. Submit a schedule showing how the fiduciary penalty, enter the amount on line 42 and submit Form IT-2105.9 with adjustment was figured. Form IT-205. This penalty will either reduce the overpayment to be entered on line 38 or increase the amount you owe to be entered on If the adjustment is a net addition, enter the amount and EA-901 line 41. For more information, see Form IT-2105.9-I, Instructions for on Form IT-225, line 5. If the adjustment is a net subtraction, enter Form IT-2105.9. the amount and ES-901 on Form IT-225, line 14. Following the instructions for Form IT-225, transfer the amounts to Form IT-205, Do not include any other penalty or interest amounts on line 42. as applicable. Line 42a Other penalties and interest – If you owe a late filing The estate or trust must make the additions and subtractions for penalty, late payment penalty, or interest, enter the penalty and the tax year of the S corporation, partnership, or estate or trust that interest on this line. This amount will increase the amount you owe ends within the estate’s or trust’s tax year. See New York fiduciary to be entered on line 41. adjustment above. You may compute the penalty and interest using the Penalty and Line 63 Interest income on state and local bonds other than Interest Calculator on our website. New York – Enter any interest income on obligations of other states or political subdivisions of those states that the fiduciary received or Schedule A that was credited to the fiduciary during 2020 that was not included in the fiduciary’s federal adjusted gross income. This includes Federal taxable income of fiduciary interest income on state and local bonds (but not those of New York Lines 43 through 62 of Schedule A are similar to the lines of the State and local governments within the state), interest and dividend schedule on page 1 of federal Form 1041. Enter on each applicable income on tax-exempt bond mutual funds, and tax-exempt money line of Schedule A the amount reported on that federal schedule. If market funds that invest in obligations of states other than New York a capital gain or loss is reported on line 46, submit a copy of federal (Tax Law section 612(b)(1)). Schedule D and any related schedules. Instead of completing Schedule A, you may submit a copy of federal Form 1041. Line 64 Income taxes deducted on federal fiduciary return All state, local, and foreign income taxes including unincorporated Submit a copy of federal Schedule K-1 (Form 1041) for each business taxes (or general sales tax, if applicable) deducted on beneficiary. the federal fiduciary return are to be added back on line 64 with the exception of state income taxes imposed upon or paid by the Schedule B S corporation to another state, political subdivision of another state, or the District of Columbia. New York fiduciary adjustment This schedule is used for computing the New York fiduciary Line 65 Other additions – Some additions that are not as adjustment under Tax Law § 619, which is then allocated among the common as those identified individually on Form IT-205 are reported estate or trust and its beneficiaries in Schedule C. as other additions. Enter the amount from Form IT-225, line 9 (see Form IT-225-I). Payments for charitable purposes Line 67 Interest income on U.S. obligations included in The additions and subtractions for lines 63 and 67 need not be federal income – Enter the amount of interest income from U.S. made with respect to any amount paid or set aside for charitable government bonds or other government obligations that the estate purposes. or trust included in the amount reported on line 43. This may be all or part of the line 43 amount or it may be zero. Check the estate’s Member of a partnership and shareholder of an or trust’s interest income records to determine the correct amount S corporation to enter on line 67. Interest income on bonds or other obligations If the estate or trust has income from a partnership or S corporation, of the U.S. government is not taxed in New York State. Dividends any of the additions or subtractions that apply to the income should received from a regulated investment company (mutual fund) that be included in this schedule. The estate’s or trust’s share of the invests in obligations of the U.S. government and meets the 50% items should be provided by the partnership or S corporation. asset requirement each quarter qualify for the subtraction at line 67. For information regarding these modifications, see Form IT-225-I, Once this requirement is met, the portion of the dividends received Instructions for Form IT-225. that may be subtracted is based upon the portion of taxable income received by the mutual fund that is derived from federal obligations. |
IT-205-I (2020) Page 15 of 19 Further information relating to meeting the 50% asset requirement If the shares in the New York fiduciary adjustment are apportioned and computing the allowable subtraction (if any) can be obtained in accordance with this paragraph, do not complete Schedule C. from the mutual fund. Instead, show the apportionment in a schedule submitted with the If you include an amount on line 67 from more than one line in return. Schedule A, submit a schedule showing the breakdown from each If an item of income, gain, loss, or deduction is attributable to line. corpus or principal, or the beneficiaries do not share pro rata, and Do not list the same interest more than once; see Form IT-225-I. the applicable method set out above for apportioning the fiduciary adjustment results in an inequity as defined in the Personal Income Line 68 Other subtractions – Some subtractions that are not as Tax Regulations section 119.3, regarding alternate methods of common as those identified individually on Form IT-205 are reported attributing modifications, a fiduciary may, at his or her discretion, as other subtractions. The requirement for these subtractions from use the applicable method set forth in the regulations. If an alternate federal taxable income is provided for in New York State Tax Law method is used, the fiduciary, in lieu of completing Schedule C, sections 612(c) and 612(r). Enter the amount from Form IT-225, should submit with the return a schedule containing the information line 18 (see Form IT-225-I). required under the applicable regulations. Line 70a Total additions – If you adjusted your return as a result If the New York fiduciary adjustment is a positive amount, add the of decoupling from changes made to the IRC after March 1, 2020, fiduciary’s share for a full-year resident estate or trust at line 4, on enter the net addition adjustment from Form IT-558, line 9. page 1 of Form IT-205, and add a resident beneficiary’s share to the Line 70b Total subtractions – If you adjusted your return as a total federal income on his or her New York return. If the fiduciary result of decoupling from changes made to the IRC after March 1, adjustment is a negative amount, subtract their respective shares. 2020, enter the net subtraction adjustment from Form IT-558, For a nonresident estate or trust or a part-year resident trust, enter line 18. this amount on Form IT-205-A, Schedule 1, line 9, column a. Additional estate or trust information Schedule C Item I – Federal Public Law (P.L. 110-343) added section 457A to Shares of New York fiduciary adjustment the IRC to address the taxation of certain nonqualified deferred The purpose of this schedule is to show the distribution of the compensation. If the estate or trust was required to report any New York fiduciary adjustment among the beneficiaries and the nonqualified deferred compensation on its 2020 federal tax return, fiduciary of the estate or trust. The shares of the beneficiaries as required under IRC section 457A, or if any such amounts flowed and of the fiduciary in the New York fiduciary adjustment (line 70 through to the estate or trust from another pass-through entity, of Schedule B) are in proportion to their respective shares of the mark an Xin the Yes box; otherwise mark an X in the No box. federal distributable net income of the estate or trust. This information must also be reported to the estate’s or trust’s beneficiaries. Enter in columns 1, 1b, and 2 the name, address, and identifying number of each beneficiary of the estate or trust. If the mailing address differs from the home address, give both. If a beneficiary is a New York State or Yonkers nonresident, mark an Xin the (continued) appropriate box to the right of his or her name and address. If space is needed to list additional beneficiaries, submit a separate sheet of paper with the return formatted with the same information required in Schedule C. Special rule if entire income is taxable to fiduciary – If all of the income of the estate or trust is taxable to the fiduciary for the 2020 tax year, no entries are required in Schedule C of Form IT-205. Column 3 – Enter the respective share of the federal distributable net income of each beneficiary and of the fiduciary on the appropriate lines of this column. Entries must be made in Schedule C for all beneficiaries, both resident and nonresident. Column 4 – Determine the percentage interest of each beneficiary and of the fiduciary in the federal distributable net income of the estate or trust, based upon amounts in column 3, and enter that percentage on the appropriate line of this column. Column 5 – Enter the amount of the New York fiduciary adjustment (from line 70 of Schedule B) on the total line of this column. The share of each beneficiary and of the fiduciary in the total amount is determined by multiplying the total fiduciary adjustment by the column 4 percentage. Column 6 – Enter the amount of the Form IT-558 fiduciary adjustment (from line 70c of Schedule B) on the total line of this column. The share of each beneficiary and of the fiduciary in the total amount is determined by multiplying the total fiduciary adjustment by the column 4 percentage. If the estate or trust has no federal distributable net income, the share of each beneficiary in the fiduciary adjustment must be in proportion to his or her share of the estate or trust income for the tax year, under local law or the governing instrument, that is required to be distributed currently and any other amounts of the income distributed in that year. Any balance of the fiduciary adjustment not allocable to beneficiaries must be allocated to the estate or trust. |
Page 16 of 19 IT-205-I (2020) Line 71 Account information due date or you do not enter a date, we will withdraw the funds on If you marked the box that indicates your payment (or refund) would the day we accept your return. come from (or go to) an account outside the U.S., stop. Do not complete lines 71a, 71b, or 71c (see Note below). All others, supply Your confirmation will be your bank statement that includes a NYS the information requested for lines 71a, 71b, and 71c. Tax Payment line item. Note: Banking rules prohibit us from honoring requests for electronic We will only withdraw the amount that you authorize. If we determine funds withdrawal or direct deposit when the funds for your payment that the amount you owe is different from the amount claimed on (or refund) would come from (or go to) an account outside the U.S. your return, we will issue you a refund for any amount overpaid or Therefore, if you marked this box, you must pay any amount you send you a bill for any additional amount owed, which may include owe by check or money order (see Payment options on page 13); penalty and interest. or if you are requesting a refund, we will send your refund to the If you have a debit block on your account, you must communicate mailing address on your return. with your bank to authorize these payments. See our website for The following requirements apply to both direct deposit and ACH debit block information. electronic funds withdrawal: You may revoke your electronic funds withdrawal authorization only Use the sample image as a guide; enter your own information by contacting the Tax Department at least 5 business days before exactly as it appears on your own check or bank records. Do the payment date. not enter the information from the sample check below. Note: If you complete the entries for electronic funds withdrawal, do On line 71a, mark an Xin the box for the type of account. not send a check or money order for the same amount due unless you receive a notice. On line 71b, enter your bank’s 9-digit routing number (refer to your check or contact your bank). The first two digits always begin with 01 through 12, or 21 through 32. On the sample check below, the Instructions for Form IT-205-C routing number is 111111111. Line A – An incomplete gift non-grantor trust means a resident trust that meets both of the following conditions: Note: If your check states that it is payable through a bank different • the trust does not qualify as a grantor trust under IRC from the one where you have your checking account, do not use sections 671 through 679, and the routing number on that check. Instead, contact your bank for the correct routing number to enter on line 71b. • the grantor’s transfer of assets to the trust is treated as an incomplete gift under IRC section 2511 and the regulations On line 71c, enter your account number. applicable to that section. • If you marked personal or business checking on line 71a, enter If you answer Yes, then the taxpayer who transferred property to the account number shown on your checks. the incomplete gift non-grantor trust must include the income of the • If you marked personal or business savings on line 71a, enter trust, less any deductions of the trust, in their NYAGI as if the trust in your savings account number from a preprinted savings account its entirety were treated as a grantor trust for federal tax purposes. deposit slip, your passbook or other bank records, or from your bank. However, the income of an incomplete gift non-grantor trust will not be required to be included in the grantor’s or beneficiaries’ NYAGI The account number can be up to 17 characters (both numbers and if the trust was terminated and all assets were distributed before letters). Include hyphens (-) but omit spaces and special symbols. June 1, 2014. Enter the number from left to right. On the sample check below, the account number is 9999999999. Line B – An accumulation distribution is the excess of amounts properly paid, credited, or required to be distributed (other than income required to be distributed currently) over the distributable JOHN SMITH 1234 X net income of the trust reduced by income required to be distributed Someplace, NY 10000 999 Maple Street 15-0000/0000 currently. To have an accumulation distribution, the distribution must Date exceed the accounting income of the trust. Pay to the Order of Sample $ If you answered Yes at line B, complete Form IT-205-J. However, if the distribution was from income earned in a tax year prior Sample Sample Dollars to the beneficiary’s birth or attaining the age of 21, there is no SOME BANK routing account accumulation distribution for New York State tax purposes and the Someplace, NY 10000 number number trust does not complete Form IT-205-J. For Do not include the check number 111111111 9999999999 1234X New York City and Yonkers fiduciary Note: The routing and account numbers may appear in different places on your check. taxes Note: The routing and account numbers may appear in different places on your check. General instructions Contact your bank if you need to verify routing and account numbers or confirm that it will accept your direct deposit or process your City resident fiduciary tax electronic funds withdrawal. The fiduciary of a New York City or Yonkers resident estate or trust or part-year resident trust who is required to file a New If you encounter any problem with direct deposit to, or electronic York State fiduciary return must file a New York City or Yonkers withdrawal from, your account, call 518-457-5181. Allow six to eight fiduciary return for the estate or trust on the same New York weeks for processing your return. State form on which the New York State tax liability is reported. If a form is required to be filed reporting a state separate Line 72 Electronic funds withdrawal tax on lump-sum distributions, the respective New York City separate Enter the date you want the Tax Department to make an electronic tax is also required to be computed on the same state form. funds withdrawal from your bank account and the amount from line 41 you want electronically withdrawn. Enter a date that is on or Yonkers nonresident fiduciary earnings tax before the due date of your return. If we receive your return after the The fiduciary of a nonresident estate or trust must file Form Y-206, Yonkers Nonresident Fiduciary Earnings Tax Return, if the estate |
IT-205-I (2020) Page 17 of 19 or trust has income from wages earned or net earnings from – dividends and interest not received in the ordinary course of a self-employment in Yonkers. trade or business as a dealer in stocks or securities; The fiduciary of a part-year resident trust must also file Form Y-206 – gain or loss from the sale or exchange of capital assets, or from if the part-year resident trust has income from wages earned or the sale, exchange, or involuntary conversion of property other net earnings from self-employment in Yonkers from the part-year than stock in trade; nonresident period. – any deduction for net operating losses; or Wages, as defined under IRC section 3401(a), include all payments – retirement payments received by a partner according to a written and the cash value of all payments made in any form other than plan and excluded under IRC section 1402(a)(10). cash for services performed by a decedent employee for an A nonresident estate or trust is deemed to have net earnings from employer. self-employment determined in the same manner as if it were an Wages also include: individual subject to the federal tax on self-employment income, reduced by deductions allowed under the IRC for (a) amounts paid – the amount of IRC section 414(h) contributions shown on a or permanently set aside for charitable purposes, and (b) income decedent’s wage and tax statement(s), federal Form W-2, made distributed or required to be distributed currently and corpus credited by the following: or required to be distributed to the extent that they represent • a member of the New York State and Local Retirement distributions or payments to a resident of the city. (See instructions Systems, which include the New York State Employees’ on Form Y-206 for lines 2 and 4.) Retirement System and the New York State Police and Fire Retirement System; or For the definition of a city resident and nonresident estate or trust • a member of the New York State Teachers’ Retirement and part-year resident trust, see New York State resident and System; or nonresident estate and trust and part-year resident trust defined on page 2 and substitute the word City in place of the word State. • a deceased employee of the State or City University of New York who belongs to the Optional Retirement Program; or • a member of the New York City Employees’ Retirement City forms to be filed System, the New York City Teachers’ Retirement System, the Forms IT-205, IT-230, and Y-206 should be completed for estates New York City Board of Education Retirement System, the and trusts as follows: New York City Police Pension Fund, or the New York City Fire Department Pension Fund; or New York City resident estate or trust • members of the Manhattan and Bronx Surface Transit Complete the required New York City areas on the same Operating Authority (MABSTOA) Pension Plan. Form IT-205 filed for New York State purposes. – the IRC section 125 amount(s) shown on a decedent’s wage Form IT-230, Separate Tax on Lump-Sum Distributions – The New and tax statement(s), federal Form W-2, that was deducted York City taxable income on lump-sum distributions of an estate or or deferred from that salary (Tax Law section 612(b) (31)) trust is the same as the New York State taxable income on lump-sum under a flexible benefits program established on behalf of distributions on Form IT-230. (See Form IT-230 on page 3 of these the deceased employee by New York City and certain other instructions.) New York City public employers (City University of New York, New York City Health and Hospitals Corporation, New York City Yonkers resident estate or trust Transit Authority, New York City Housing Authority, New York Complete the Yonkers line on the same Form IT-205 filed for City Off-Track Betting Corporation, New York City Rehabilitation New York State purposes. Mortgage Insurance Corporation, New York City Board of Education, New York City School Construction Authority, MABSTOA, or the Staten Island Rapid Transit Authority). Yonkers nonresident estate or trust and part-year resident trust Wages do not include unemployment compensation, fees paid Complete Form Y-206 and transfer the amount from line 10 to to a public officer, payment for active service as a member of the Form IT-205, line 27. armed forces of the United States, or difficulty of care payments erroneously reported as wages. New York City or Yonkers part-year resident trust Other employee compensation includes but is not limited to Complete New York City Worksheet A on page 2 of Form IT-205-A-I, salaries, fees, bonuses, tips, commissions on sales or on insurance Instructions for Form IT-205-A, or Yonkers Worksheets B and C premiums, vacation allowances, and severance pay subject to on page 4 of Form IT-205-A-I. Transfer the total to Form IT-205, withholding under IRC section 3401(a). line 15b or line 26, as applicable. Net earnings from self-employment, as defined under Form Y-206 is due at the same time as the New York State fiduciary IRC section 1402(a), consist of gross income from any trade or return and must be submitted with it. business, less trade or business deductions allowed under the IRC, plus the taxpayer’s distributive share (whether or not distributed) of Yonkers tax returns for individuals income or loss from a trade or business carried on by a partnership Every fiduciary who acts for a nonresident individual whose entire of which the taxpayer is a member. Limited partners are only income is in the fiduciary’s charge (for example, a guardian or considered to receive net earnings from self-employment if the committee for an incompetent person) must complete a return for income received represents guaranteed payments for services the nonresident individual on Form Y-203 (if that individual is subject rendered. The deduction for wages and salaries paid or incurred for to the tax), and pay the tax due. the tax year that was disallowed according to IRC section 280C, is allowed in computing your net earnings from self-employment. Change of city residence of trust Net earnings from self-employment do not include any of the If the person whose property constitutes a revocable trust has following: changed his or her domicile from or to New York City or Yonkers – rental income from real estate and from personal property leased between the time of transfer of the property to the trust and the time with the real estate, together with the deductions attributed to it becomes irrevocable, the residence of the trust will be deemed it, unless received in the course of a trade or business as a real to have been changed at the date it ceases to be revocable. In estate dealer; this case the fiduciary must, for the tax year in which the change of status of trust occurs, include on Form IT-205-A, Schedule 4, |
Page 18 of 19 IT-205-I (2020) column c or column d, any item of income, gain, loss, or deduction Yonkers worksheet the trust received or accrued up to the time the trust changed a Amount from line 14 ................................................... a its residence, and complete a return as a nonresident trust (on Form Y-206) for the portion of the year during which the trust is b Refundable credits from line 33 (less any claim of a Yonkers nonresident trust. Income, gain, loss, or deduction for right credit from Form IT-257) ................................... b the year of change is subject to the applicable special accruals c Subtract line b from line a ............................................... c permitted or required by law to the extent they affect the taxable d Yonkers resident tax rate (16.75%) ........................... d .1675 income of the fiduciary. In addition, the exemption of the trust must e Multiply line c by line d. Enter this amount here be prorated according to the period of residence. and on Form IT-205, line 25 ....................................... e The General instructions and Specific instructions on pages 2 through 7, regarding tax returns for individuals and decedents, Line 27 Yonkers nonresident fiduciary earnings tax exempt trusts, special depreciation, use of federal figures, whole Compute the Yonkers nonresident fiduciary earnings tax on dollar amounts, penalties, accounting periods, and federal changes Form Y-206 and enter the tax on this line. Submit Form Y-206 with also apply to New York City and Yonkers resident estates and trusts, Form IT-205. Yonkers nonresident estates and trusts, and New York City and Yonkers part-year resident trusts, if applicable. Sales or use tax Line 28 Sales or use tax Specific instructions Report the sales or use tax liability for the estate or trust on this line. New York City resident tax An estate or trust owes sales or compensating use tax if it: The New York City taxable income is the same as the New York • purchased an item or service subject to tax that is delivered in State taxable income shown on Form IT-205, line 5. New York State without payment of New York State and local tax to the seller; or Line 15a New York City resident tax – Compute the New York • purchased an item or service outside New York State that is City income tax on the amount on line 5 using the New York City tax subject to tax in New York State (and the estate or trust was rate schedule. Enter the amount of New York City income tax on this a resident of New York State at the time of purchase) with line. subsequent use in New York State. Note: The estate or trust may New York City tax rate schedule (for line 15a) be entitled to a credit for sales tax paid to another state. If the amount on Form IT-205, line 5 is: See Form ST-140, Individual Purchaser’s Annual Report of Sales over but not over The tax is: and Use Tax. $ 0 $12,000 3.078% of the city taxable income An estate or trust that is carrying on a business, trade, profession, 12,000 25,000 $ 369 plus 3.762% of excess over $12,000 or employment in New York State is a resident, for sales and use tax 25,000 50,000 858 plus 3.819% “ “ “ 25,000 purposes, of the state and of any county or city in which the estate 50,000 ................. 1,813 plus 3.876% “ “ “ 50,000 or trust is carrying on these activities, with respect to purchases of taxable property or services used in these activities. Line 15b New York City part-year resident tax – Enter on An estate or trust may not use this line to report: this line the amount of New York City part-year resident tax from Form IT-205-A-I, page 2, Worksheet A, line b. • any sales and use tax on business purchases if the business is registered for sales and use tax purposes. The estate or trust Line 16 – Enter on this line the amount of New York City tax on the must report this tax on the business’s sales tax return. capital gain portion of the estate’s or trust’s lump-sum distribution • any unpaid sales and use tax on motor vehicles, trailers, from Form IT-230, Part 2, line 2. Submit Form IT-230 with all-terrain vehicles, vessels, or snowmobiles. This tax is paid Form IT-205. directly to the Department of Motor Vehicles. Line 18 – If an accumulation distribution has been made, submit a An unpaid sales or use tax liability commonly arises if the estate statement showing the computation of the credit claimed and enter or trust made purchases through the Internet, by catalog, from on this line. See Accumulation distribution credit on page 5. television shopping channels, or on an Indian reservation, or if it Line 20 New York City separate tax on lump-sum distributions purchased items or services subject to tax in another state and Enter the amount of any New York City separate tax on lump-sum brought them back to New York for use here. distributions from Form IT-230, line 24, New York City column. The estate or trust purchased a computer over the Submit Form IT-230 with Form IT-205. Enter any New York City tax Example: on the S portion of an electing small business trust (ESBT). Internet that was delivered to a business of the estate or trust in Monroe County, New York, from an out-of-state company and did Line 22 Other New York City credits – Enter on this line the total not pay sales tax to that company. of the following nonrefundable New York City credits. Submit all The estate or trust may also owe an additional local tax if it made applicable credit forms. a purchase in a locality in New York State and brought the item into – New York City unincorporated business tax credit (Form IT-219) or subsequently used the service in another New York State locality – General corporation tax paid credit (Form IT-222) where it was a resident and that locality had a higher tax rate than where the purchase was made. Line 25 Yonkers resident income tax surcharge – Enter on this line the estate’s or trust’s Yonkers resident income tax surcharge Failure to pay sales or use tax may result in the imposition of penalty from the Yonkers worksheet, line e, below. However, if the estate or and interest. The Tax Department conducts routine audits based on trust did not make an entry on line 14, leave line 25 blank also. information received from third parties, including the U.S. Customs Service and other states. If the estate or trust owes sales or use tax, it may report the amount owed on its fiduciary income tax return rather than filing Form ST-140. However, the estate or trust must use Form ST-140 to calculate the sales and use tax liability to be reported on this return. Include the amount from Form ST-140, line 4, on Form IT-205, line 28. Do not submit Form ST-140 with the return. |
IT-205-I (2020) Page 19 of 19 If the amount reported on line 28 is $1,700 or more, the estate or trust must complete Form IT-135, Sales and Use Tax Report for Purchases of Items and Services Costing $25,000 or More, and submit it with the return. If the estate or trust does not owe any sales or use tax, it must enter 0on line 28. Do not leave line 28 blank. For additional information on when an estate or trust may owe sales or use tax to New York, see TB-ST-913, Use Tax for Individuals (including Estates and Trusts). For more information on taxable and exempt goods and services, see TB-ST-740, Quick Reference Guide for Taxable and Exempt Property and Services. Privacy notification – New York State Law requires all government agencies that maintain a system of records to provide notification of the legal authority for any request for personal information, the principal purpose(s) for which the information is to be collected, and where it will be maintained. To view this information, visit our website, or, if you do not have Internet access, call and request Publication 54, Privacy Notification. See Need help? for the Web address and telephone number. Need help? Visit our website at www.tax.ny.gov • get information and manage your taxes online • check for new online services and features Telephone assistance Automated income tax refund status: 518-457-5149 Personal Income Tax Information Center: 518-457-5181 To order forms and publications: 518-457-5431 Text Telephone (TTY) or TDD Dial 7-1-1 for the equipment users New York Relay Service |