However, as the amount reported on line 1 is before the special deductions amount reported on federal Form 1120 or Form 1120-C, no addition modification is required. Subtract line 10 from line 18 and enter the result here. Subtract line 18 from line 10 and enter the result here. Determine the amount to enter by completing the Worksheet for Part 2, line 11 below. For information as to how to qualify as an entity of a New York State innovation hot spot, see TSB-M-14(1)C, New York State Business Incubator and Innovation Hot Spot Support Act.
For all lines, row c, divide the amount in row a by the amount in row b, and enter the result rounded to four decimal places; however, if either the amount in row a or the amount in row b is equal to zero, enter 0. In the instructions below, all lines refers to lines 10, 12, 21, and 24, and specific rows (a, b, c, d, or e) are indicated to clarify which rows of these lines the specific instruction applies to. A corporation may also file an amended return using its proposed business apportionment factor if the commissioner did not respond to its request before the time of its original report. These lines are used by corporations that issue or process credit cards and not by businesses that accept credit cards as payment for goods or services. Include clause (G) financial instruments only when the 8% fixed percentage method is elected.
- If you can reasonably expect your New York State franchise tax liability to exceed a certain threshold, you must make payments of estimated tax.
- If you use a paid preparer or accounting firm, make sure they use your complete and accurate information when completing all your forms.
- Specifically, the credit allowed for a given tax year shall not exceed the excess (if any) of the taxpayer’s net income tax over the greater of (1) the tentative minimum tax for the tax year or (2) 25% of the excess of net regular tax liability over $25,000.
- In column C for line 28, enter the sum of the amounts from column C, for lines 10, 12, 16, 18, 20, 21, 23, 24, 27, and all lines 30.
- Include the full profit from any installment sale made in your final tax year on your final return.
Fixed dollar minimum tax
For line 30, see the specific line 30 instructions below. However, if the numerator so determined is less than or equal to zero, enter 0. As you complete the steps below, include the amounts from these additional lines in the same manner as you would for the three lines 30 provided on the worksheet, as applicable.
- In row e, for such specific lines, multiply row d by 8% (0.08) and enter the result; however, if the result is an amount equal to zero, enter 0 in row e.
- In column C, enter in the J(ii) Total Everywhere line, the sum of all column C, row a amounts for all lines that have an amount entered in column B, row b, subcolumn J(ii).
- Enter the amount of those tax credits being claimed on Part 2, line 3, against your current year’s franchise tax that are refund eligible.
- This item discusses how excess credits might arise and how tax practitioners can help their clients convert certain credits that would otherwise go unused into a tax deduction.
- Do not include any amount of credits actually requested as a refund on Part 2, line 26, or requested as an overpayment credited to next year’s tax on Part 2, line 27.
In column B for line 28, enter the sum of all amounts from all applicable subcolumns in column B, row b for lines 10, 12, 16, 18, 20, 21, 23, 24, 27, all lines 30 (including 30-Stock, and 30-Partnership). For column B, lines 12, 16, 18, 20, 21, 23, 24, 27, all lines 30, 30-Stock, and 30-Partnership, row b, subcolumn 8%, of each line, multiply the amount in column C for that line by 8% (0.08), then enter the result. In column C, lines 10, 12, 16, 18, 20, 21, 23, 24, 27, and all lines 30 (including 30-Stock, and 30-Partnership), enter the sum of all entities’ column A, row a amounts for each line. In each entity’s column A, row c, for line 28, enter the sum of the amounts from row c in lines 10, 12, 16, 18, 20, 21, 23, 24, 27, and all lines 30 (including 30-Stock, and 30-Partnership), for that entity. In each entity’s column A, row b (New York State), subcolumn 8%, lines 12, 16, 18, 20, 21, 23, 24, 27, and all lines 30 (including 30-Stock, and 30-Partnership), multiply column A, row a, for each respective entity and line, by 8% (0.08) and enter the result.
Section 210-A.7: Receipts from aviation services
Part 2 of the worksheet computes your New York State aggregate marked to market factor which you will need to complete Part 1, row b, subcolumn J(iii), when applicable. This factor is used to determine New York State marked to market net gains under J(iii) in Part 1, as per the specific line instructions under Customer-based sourcing below. In the instructions below, all lines refers to lines 10, 12, 21, and 24, and specific rows (a, b, c, d, or e) are indicated to clarify which rows of these lines the specific instruction applies to. If using customer-based sourcing to source such marked to market net gains, when § 210-A.5(a)(2)(j)(iii) applies, never include any amounts sourced under the 8% fixed percentage method election in computing the New York State aggregate marked to market factor in Part 2 of Worksheet C. If you have no receipts required to be included in the denominator of the apportionment factor, you must mark the box at the beginning of Form CT-3, Part 6, Computation of business apportionment factor. This part computes the amount of investment capital that is excluded from, or added back to, the tax on the capital base and is reported on Part 4, lines 8 and 10.
Depending on the magnitude of the credit surplus, such a taxpayer may have a significant amount of unused tax credits at the end of the 20-year carry-over period. Net regular tax liability means regular tax liability reduced by the foreign tax credit, nonrefundable personal credits, and certain energy-related credits. This item discusses how excess credits might arise and how tax practitioners can help their clients convert certain credits that would otherwise go unused into a tax deduction. Many taxpayers develop a surplus of credits that are at risk of going unused. Follow the steps below to compute the subcolumn J(iii) amounts.
Step 2: Part 1, line 28, rows a and b
If you marked the box on line 8 to elect the 8% fixed percentage method, and you marked the qualified financial instrument box above line 22, enter 8% of the applicable receipts in the New York State column. In row a, lines 10, 12, 16, 18, 20, 21, 23, 24, 27, and all lines 30, enter 100% of your marked to market net gains for those financial instruments described on each such line (and described further in the corresponding line instructions for Part 6), except that if the net amount is less than or equal to zero, enter 0. If the fixed percentage method for qualified financial instruments is not in effect (Form CT-3, Part 6, line 8 box is not marked), you must complete the steps under the Customer-based sourcing instructions below to complete Worksheet C. Do not complete the steps under the 8% fixed percentage method elected instructions.
The way you calculate the tax and the type of return you file will depend on the type of business your corporation conducts. Form 3800 is used to compile all tax credit information for eligible businesses. To claim multiple business tax credits, taxpayers fill out the appropriate IRS form for each tax credit and then carry the general business corporation tax forms current year total to Form 3800, General Business Credit. Filers claim the individual tax credits on their relevant tax forms and carry over the resulting combined credit to the General Business Credit Form 3800 to determine the overall allowable credit.
Sales of tangible personal property, electricity, and real property § 210-A.2 and 20 NYCRR 4-2.1 and 4-2.2
An alien corporation that under any provision of the IRC is not treated as a domestic corporation as defined under IRC § 7701 and has no effectively connected income, gain, or loss, for the tax year is not subject to tax under Article 9-A for that tax year. A domestic corporation (incorporated in New York State) subject to tax under Article 9-A is generally liable for franchise taxes for each fiscal or calendar year (or partial year) during which it is incorporated until it is formally dissolved with the Department of State. A taxpayer who reports on the basis of a week accounting period for federal income tax purposes may report on the same basis for Article 9-A purposes.
How to request an extension of time to file
You must leave row b, subcolumn J(ii) and row b, subcolumn J(iii) blank for all such lines as they are not applicable when the 8% fixed percentage method sourcing is in effect for qualified financial instruments. If the fixed percentage method for qualified financial instruments is not in effect (Form CT-3, Part 6, line 8 box is not marked), you must complete the steps under the Customer-based sourcing instructions to complete Worksheet C. Do not complete the steps under the 8% fixed percentage method elected instructions. If you are a qualified New York manufacturer based on the significant employment and property test and eligible for the 0% business income base tax rate, the 0% capital base tax rate, and the lower fixed dollar minimum tax amounts, you must mark an X in the box.
Worksheet A: Gross proceeds factors and net gains for lines 10, 12, 21, and 24 (see instructions)
For column D, line 30, enter the sum of the amounts in column D, lines 30.1 through 30.5. Enter on line 30, row c the sum of the amounts in column A, row c, lines 30.1 through 30.5 for that entity. In each entity’s column A, line 30.5, rows b and c, multiply row a, for each respective line, by 8% (0.08) and enter the result; however, if the result is an amount equal to zero, enter the negative amount with a minus (-) sign in row b, but enter 0 in row c. For fixed dollar minimum purposes only, the net gains (not less than zero) and other income (not less than zero) are calculated on a separate company basis. For such lines 30.1 and 30.2, row c, enter the amount entered in row b for that entity, for that line, except that if the row b amount for that entity is less than zero, enter 0.
You can file the tax forms by mail. Also, each applicable tax credit form must be filed. Any return filed on an incorrect form, or on a form for the wrong year, will not be processed and will not be considered timely filed. If your apportioned business income reported on line 15 of Part 3 of Form CT-3 or CT-3-A is zero or less, do not report a PNOLC or NOLD subtraction on line 16 or 18, respectively, of Part 3. If you are a foreign corporate limited partner eligible to make the separate accounting election, you must use specific reporting procedures when preparing your tax return.
If you have made the election for more than one partnership, you must check the box on Part 1, Section C, line 7. Mark only the applicable checkboxes that apply to your circumstances and leave the rest of the checkboxes blank. Follow the tips below to prevent mistakes on your Form CT-3 or Form CT-3-A that may result in bills for additional tax, penalty, and interest.
New York receipts equal the amount reported in Column A, line 55 of Part 6, Computation of business apportionment factor. Mark an X in the appropriate box and if yes is marked, file Form CT-3-M. In addition, a corporate partner must file using the aggregate method if the corporate partner has access to the information necessary to compute its tax using the aggregate method. When an IRC § 338(h)(10) election is made for a target corporation that is a New York S corporation, the target corporation must file two short-period (less than 12 months) returns. You must use the tax return for the year being amended.
Part 3: Calculation of tax on combined business income base
An alien corporation that under any provision of the IRC is not treated as a domestic corporation as defined under IRC § 7701 and has no effectively connected income, gain, or loss, for the tax year is not subject to tax under Article 9-A for that tax year. New York State does not follow the federal qualified subchapter S subsidiary treatment if the parent does not elect to be a New York S corporation. In this case, the parent and qualified subchapter S subsidiary are taxed as a single New York S corporation, and file Form CT-3-S. New York State does not follow the federal qualified subchapter S subsidiary treatment when the qualified subchapter S subsidiary is not a New York State taxpayer and the parent does not make a qualified subchapter S subsidiary inclusion election. In both cases, the parent files as a New York C corporation on Form CT-3 (with its qualified subchapter S subsidiary’s activity included) or, if the combined filing requirements are met with one or more entities (other than the qualified subchapter S subsidiary), on Form CT-3-A. In the situations outlined below where the federal qualified subchapter S subsidiary treatment is not followed, you must still apply the combined reporting rules to determine if either the parent, the qualified subchapter S subsidiary, or both, should file as distinct members of a combined group on Form CT-3-A.
The combined business income base is the amount of the group’s combined business income that is apportioned to New York State, minus any prior net operating loss conversion subtraction and any net operating loss deduction for the combined group. If you request tax credits to be credited as an overpayment to next year’s return, enter the total amount on line 27. To complete this line, refer to line 5, column A of the Form CT-300 used to report the mandatory first installment for next franchise tax period (the tax period immediately following the tax period for which this return is being filed). To complete this line, refer to line 5, column A of the Form CT-300 used to report the mandatory first installment for the next franchise tax period (the tax period immediately following the tax period for which this return is being filed). Enter the sum of the amounts reported on lines 22 and 27 of the Form CT-3-A that you filed for the tax period immediately prior to the tax period for which this return is being filed.