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                             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.



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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.



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                                                                                                            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).



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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.



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                                                                                                              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 



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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.



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                                                                                                             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 



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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 



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                                                                                                           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.



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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



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                                                                                                                      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)



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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 



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                                                                                                          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, 



- 14 -
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.



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                                                                                                          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. 



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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 



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                                                                                                          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, 



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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. 



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                                                                     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.

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