The NYC-245 Activities Report of Business and General Corporations is designed exclusively for corporations that operate within New York City but claim exemption from the New York City General Corporation Tax or Business Corporation Tax. This document is crucial for such entities to disclaim tax liability while informing the city of their operational status, including any offices, employees, or assets located within the city. It is important to note that filing this report does not equate to the filing of a tax return, which is necessary for triggering the start of the limitations period for tax assessments.
In the bustling business landscape of New York City, the NYC-245 form serves as a critical report for business and general corporations that claim they are not subject to the city's General Corporation Tax or Business Corporation Tax. The crux of this form is to provide a detailed account of a corporation's activities within the city, offering insights into the extent of their operational footprint, ranging from the presence of offices, employees, and assets, to the engagement in leasing activities, assets disposition, and more. It meticulously distinguishes between corporations that genuinely operate outside the purview of these taxes from those that might otherwise be liable. Furthermore, the form extends to capturing information about a corporation's financial undertakings, potential real estate investments, and collaborative ventures within the city. With its comprehensive scope, the NYC-245 form operates under stringent stipulations – not every corporation is eligible to file it, and its filing does not equate to the submission of a return that could trigger the limitations period for tax assessments. Entities exempt under specific sections of the Administrative Code, or those classified under particular federal tax statutes, find themselves in a different category altogether, navigating separate filing requirements and exemptions. The nuanced provisions within the NYC-245 instructions reveal a complex tapestry of regulatory compliance, aimed at ensuring the equitable application of city taxes while offering a pathway for entities legitimately outside the tax obligations to assert their status. Understanding the intricate requirements and exemptions tied to this report is paramount for corporations looking to navigate New York City's taxing environment effectively.
*30812291*
-245
ACTIVITIES REPORT OF BUSINESS
AND GENERAL CORPORATIONS
TO B E F I L E D O N LY B Y C O R P O R AT I O N S D I S C L A I M I N G L I A B I L I T Y F O R TA X .
THE FILING OF THIS REPORT DOES NOT CONSTITUTE THE FILING OF A RETURN
■ BusinessCorporation- File Federal Form 1120,
■ GeneralCorporation- File Federal Form 1120S
1120C, 1120F, 1120-RIC, 1120-REITor 1120H
■ Check box if the corporation has ceased operations
■ Check this box if you claim an overpayment. RefundAmount: $ ___________________
For CALENDAR YEAR ____________ or FISCAL YEAR beginning _________________________________ and ending _________________________________
Name:
Name
■
Change
In Care of
Address (number and street):
Address
City and State:
Zip Code:
Location of Executive or Main Office:
Date incorporated ________ -________ - ________
under laws of ______________________________________
TAXPAYER’S EMAIL ADDRESS
EMPLOYER IDENTIFICATION NUMBER
BUSINESS CODE NUMBER AS PER FEDERAL RETURN
NYC PRINCIPAL BUSINESS ACTIVITY
1. OFFICES AND OTHER PLACES OF BUSINESS IN NEW YORK CITY
LOCATION
NATURE OF ACTIVITY
DATE ESTABLISHED
2.
OTHER OFFICES AND PLACES OF BUSINESS
LOCATION (CITY AND STATE)
3.
OFFICERS, AGENTS AND REPRESENTATIVES IN NEW YORK CITY
(
NAME
RESIDENCE ADDRESS
OFFICIAL TITLE
4. Number of employees in New York City ___________________ (
5.The corporation is exempt from General Corporation Tax or Business Corporation Tax as
a) an insurance corporation (w
5a.
■ YES
NO
b) a nonstock, nonprofit organization (
5b.
6.Did the corporation:
a)
own or lease real property in New York City?
6a.
■ YES*
■ NO
b)
own or lease tangible personal property in New York City?
6b.
c)
employ any other assets in New York City?
6c.
d)
own merchandise located in New York City for sale?
6d.
e)
own assets located in New York City which are leased to others?
6e.
f)
perform any construction, erection, installation or repair work or other services in New York City?
6f.
g)
file a New York State Franchise Tax Report? If "Yes,"
6g.
h)
regularly solicit business by representatives going into New York City?
6h.
i)
participate in a partnership or joint venture doing business in New York City?
6i.
j)
derive receipts from activity in New York City? (see instructions)
6j.
*
CERTIFICATION OF AN ELECTED OFFICER OF THE CORPORATION
I hereby certify that this report, including any accompanying rider, is, to the best of my knowledge and belief, true, correct and complete.
Signature of Officer:
ALLRETURNSEXCEPTREFUND RETURNS
NYC DEPT. OF FINANCE, GENERALCORPORATION TAX P.O. BOX 5564, BINGHAMTON, NY 13902-5564
30812291
Title:
RETURNSCLAIMINGREFUNDS
NYC DEPT. OF FINANCE, GENERALCORPORATION TAX P.O. BOX 5563, BINGHAMTON, NY 13902-5563
Date:
ENTER YOUR CORRECT
EMPLOYER IDENTIFICATION
NUMBER
NYC-245 2022
Instructionsfor Form NYC-245 - 2022
Page 2
This report must be filed by any corporation that has an officer, employee, agent, or repre- sentative in the City and claims not to be sub- ject to the NewYork City General Corporation Tax or Business Corporation Tax. For taxable years beginning in 1996 and thereafter, entities taxable as corporations for federal income tax purposesunderIRC§7701(a)(3)and§7704are considered corporations for purposes of the General Corporation Tax. Acorporationsub-
jecttoGeneralCorporationTaxorBusiness Corporation Tax cannot use this form; it must file a General Corporation Tax return, Form NYC-4S, NYC-4S-EZ or NYC-3L or a Business CorporationTax return, Form NYC-2 orNYC-2S. See"CorporationsSubjecttoTax" below. The filing of this form does not con- stitute the filing of a return by the corpora- tion sufficient to start the running of the limitationsperiodforassessmentsoftax. To obtain the protection of the limitations pe- riod, a General Corporation Tax return or Business Corporation Tax return must be properly filed. A corporation that has ceased doing business in the City during the taxable year cannot use this form. Such a corporation must file a final return or request an extension of time to file a final return on or before the 15th day after the date that the corporation ceasestobesubjecttotheGeneralCorpora- tion Tax or Business Corporation Tax. See FormNYC-EXTandinstructionsforfurtherin- formation.
A corporation is not required to file this report if it falls under one of the following:
1)thecorporationisexemptfromtheGeneral CorporationTaxunder Section11-603.4or the Business Corporation Tax under Sec- tion 11-653(4) of theAdministrative Code;
2)the corporation has received a letter from the Department of Finance exempting it from tax as a nonstock, nonprofit corpora- tion (see instructions for line 5b below), provided there has been no change in its character, activities or federal tax status since the date of that letter;
3)the corporation’s only tie with New York Cityisthatoneormoreofthecorporation’s officers, employees, agents or representa- tives reside in the City or come into the City infrequently in connection with iso- lated transactions of the corporation;
4)the corporation is a Real Estate Mortgage Investment Conduit (REMIC); or
5)the corporation is exempt from Federal in- come tax under IRC section 501(c)(2) or (25).
WHENTOFILE
Any S corporation required to file this report mustdosoannually,onorbeforeMarch15thif itreportsonacalendaryearbasisforfederalin- cometaxpurposes,oronorbeforethe15thday of the 3rd month following the close of its fis- cal year if it reports on a fiscal year basis.
Any C corporation required to file this report must do so annually, on or beforeApril 15th if itreportsonacalendaryearbasisforfederalin- cometaxpurposes,oronorbeforethe15thday of the 4th month following the close of its fis- cal year if it reports on a fiscal year basis.
LINE5b
Every corporation claiming exemption from General Corporation Tax or Business Corpora- tion Tax as a nonstock, nonprofit corporation (except for corporations exempt from federal income tax under IRC Section 501(c)(2) and
(25)mustapplyforan exemption fromthe De- partment of Finance by submitting an applica- tion for exemption containing an affidavit setting forth the following information about the corporation:
1)the type of organization;
2)the purposes for which it is organized;
3)a description of its actual activities;
4)the source and disposition of its income;
5)whetheranyofitsincomeiscreditedtosur- plusormayinuretoanyprivatestockholder or individual; and
6)such other facts that may affect its right to exemption.
The affidavit must be supplemented by: a copy of the articles of incorporation or articles of association, a copy of the bylaws, copies of statementsshowingthecorporation'sassetsand liabilities and receipts and disbursements for themostrecentyear,aphotostaticcopyofalet- terfromtheUnitedStatesTreasuryDepartment granting the corporation an exemption from federalincometaxationandphotocopiesoffed- eral, state and local tax returns filed by the or- ganization for the three most recent preceding years.
All of the above information should be sent to:
NYCDepartmentofFinance ExemptionProcessingUnit 59MaidenLane,20thFloor NewYork,NY 10038
There is no prescribed application form and no application fee.
LINE6
If you answer "yes" to any question, the corpo- ration may be subject to General Corporation Tax or Business CorporationTax. See "Corpo- rations Subject to Tax" for more information. Corporations subject to tax cannot use this form.
LINE6g
If the answer to question 6g is “yes,” state on a rider what activities take place elsewhere in New York State that do not also take place in New York City, or other reasons for filing a State Franchise Tax Report.
LINE6h
If the answer is "yes," see section 11-04(b)(11) ofTitle19oftheRulesoftheCityofNewYork forinformationregardingtheapplicationofP.L. 86-272 to activities in New York City.
LINE6j
This question is only applicable to C corpora- tions. The term “deriving receipts from activ- ity” in New York City is defined in AdministrativeCodesection11-653(1)anddis- cussed below. Note that if a C corporation is a partner in a partnership that is deriving receipts from activity in New York City, it may be sub- ject to tax.
CORPORATIONSSUBJECTTOTAX
A corporation subject to General Corpora- tion Tax or Business Corporation Tax can- not use this form; it must file either Form NYC-4S, NYC-4S-EZ or NYC-3L (GCT) or Form NYC-2 or Form NYC-2S (Business Cor- porationTax). Sections11-603.1and11-653(1) of the Administrative Code provide that a cor- poration is subject to tax if it is:
1)doing business in New York City;
2)employing capital in New York City;
3)owning or leasing property in New York City, in a corporate or organized capacity;
4)maintaining an office in NewYork City; or
5)in the case of a C corporation, deriving re- ceipts from activity in New York City.
The term “doing business” is used in a com- prehensive sense and includesall activities that occupy the time or labor of people for profit. Regardless of the nature of its activities, every corporation organized for profit and carrying
Page 3
out any of the purposes of its organization is deemed to be “doing business” for the purpose of the tax. In determining whether a corpora- tion is doing business, it is immaterial whether its activities actually result in a profit or a loss.
UndertheBusinessCorporationTaxapplicable to federal C Corporations for tax years begin- ning on or after January 1, 2015, a corporation is doing business in the city if:
(1)it has issued credit cards to onethousandor more customers who have a mailing ad- dress within the city as of the last day of its taxable year;
(2)it has merchant customer contracts with merchantsandthetotalnumberoflocations coveredbythosecontractsequalsonethou- sand or more locations in the city to whom thecorporationremittedpaymentsforcredit cardtransactionsduringthetaxableyear;or
(3)the sum of the number of customers de- scribed in item #1 plus the number of lo- cations covered by its contracts described in item #2 equals one thousand or more.
Additionally,fortaxyearsbeginningonorafter January 1, 2022, a corporation which does not meet the requirements of either (1), (2), or (3) above will be considered to be doing business inthecity,ifthecorporationhasatleasttencus- tomers,orlocations,orcustomersandlocations, as described above in (1), (2) and (3), the cor- poration is part of a unitary group AND if the number of customers, locations, or customers andlocations,withinthecityofthemembersof the unitary group that have at least ten cus- tomers,orlocations,orcustomersandlocations withinthecityintheaggregatemeetseither(1), (2), or (3) above.
For purposes of these provisions, the term “credit card” includes bank, credit, travel and entertainment cards. See Administrative Code Section 11-653(1)(c).
For tax years beginning on or after January 1, 2022, a C corporation will be subject to the Business Corporation Tax if it derives receipts from activity in the city and meets any one of the following:
(1)thereceiptswithinthecityare$1millionor more in a taxable year; or
(2)the corporation’s receipts from activity in thecityarelessthanonemilliondollarsbut at least ten thousand dollars in a taxable year and the corporation is part of a unitary group where the members that have at least
$10,000 of receipts within the city have, in the aggregate, receipts within the city of $1 million or more in a taxable year. SeeAd- ministrative Code Section 11-653.
Theterm“employingcapital”includesanyofa large variety of uses, which may overlap other categories and give rise to taxable status. In general,theuseof assetsinstrumentalinmain- tainingoraiding thecorporateenterpriseorac- tivity in the City will create liability. Employing capital includes activities such as:
a)maintaining stockpiles of raw materials or inventories; and
b)maintaining securities in the City for trad- ing purposes.
Under Sections 11-603.2 and 11-653(2) of the Administrative Code, a corporation is not con- sideredtobedoingbusiness,employingcapital, owning or leasing property, or maintaining an office in New York City by reason of:
a)the maintenance of cash balances with banks or trust companies or brokers in the City;
b)the ownership of shares of stock or securi- tieskeptintheCity,ifkeptinasafedeposit box, safe, vault or other receptacle rented for the purpose, or if pledged as collateral security, or if deposited with one or more banks or trust companies, or brokers who are members of a recognized security ex- change, in safekeeping or custody ac- counts;
c)the taking of any action by any such bank or trust company or broker which is inci- dental to the rendering of safekeeping or custodial service to the corporation;
d)the maintenance of an office in the City by oneormoreofficersordirectorsofthecor- poration who are not employees of the cor- poration as long as the corporation is not otherwise doing business or employing capital in the City and does not own or lease property in the City;
e)the keeping of books or records of a corpo- rationintheCityifthebooksorrecordsare not kept by employees of the corporation and the corporation is not otherwise doing business or employing capital in the City and does not own or lease property in the City; or
f)anycombinationoftheforegoingactivities.
In addition, a corporation will not be subject to the General Corporation Tax or Business Cor- poration Tax if its sole connection with New York City is:
(i)the maintenance of a statutory office at the address of its registered agent or the main- tenance of a mailing address; or
(ii)the mere ownership of shares of stock of corporations doing business in the City.
Under Administrative Code Section 11-653(2- a), an alien corporation is not considered to be doingbusiness,etc.intheCityifitsactivitiesin the City are limited solely to investing or trad- ing in stocks, securities or commodities for its ownaccountwithinthemeaningoftheInternal RevenueCode§864(b)(2)(A)or§864(b)(2)(B).
For purposes of the Business Corporation Tax, an alien corporation that under any provision of the Internal Revenue Code is not treated as a “domesticcorporation”asdefinedinIRC§7701 and has no effectively connected income for the taxable year pursuant to clause (iii) of the open- ing paragraph of Administrative Code §11- 652(8)isnotsubjecttotheBusinessCorporation Tax for that taxable year. For purposes of the Business Corporation Tax, an alien corporation is defined as a corporation organized under the laws of a country, or any political subdivision thereof, other than the United States, or organ- ized under the laws of a possession, territory or commonwealth of the United States. See Ad- ministrative Code Section 11-653(2-a).
NOTE: For additional guidance concerning what activities constitute "doing business," "employing capital," "owning or leasing prop- erty," and "maintaining an office" in NewYork City, see Sections 11-03 and 11-06 of Title 19 of the Rules of the City of New York. For ad- ditional information concerning corporations not subject to tax, see Section 11-04 of those rulesandAdministrativeCodeSections11-603 and 11-653.
REFUNDS: If a corporation has previously paidtaxormadeestimatedtaxpaymentsforthe taxable year and is filing this form disclaiming liability for those taxes, the corporation should file a refund claim and attach this form to that claim.
Upon the process of filling out the NYC-245 form, a corporation takes the initial step to report its activities within New York City while declaring its non-liability for the New York City General Corporation Tax or Business Corporation Tax. This detailed document seeks relevant information on the corporation's operations, including addresses of offices, locations of business activities, and employee details within the city. Entities highlighting their exemption from the said taxes through this form should prepare to provide comprehensive and accurate data, ensuring their responses reflect their business operations truthfully. Following the completion of this form, it is imperative that it is filed in accordance with the stipulated timelines to avoid non-compliance issues. Below are step-by-step instructions tailored to guide through the process of efficiently completing the NYC-245 form.
After the diligent completion and review of the form to ensure accuracy and completeness, the document should be submitted in accordance with the specified submission deadlines. For entities operating on a calendar year basis, the due date is on or before March 15th for S corporations and April 15th for C corporations. Conversely, if reporting on a fiscal year basis, the timeline adjusts to the 15th day of the 3rd or 4th month following the close of its fiscal year for S and C corporations respectively. Adhering to these steps and guidelines will facilitate a compliant and efficient reporting process.
What is the NYC-245 form?
The NYC-245 form, titled "Activities Report of Business and General Corporations," is a document required to be filed by corporations that operate within New York City but claim not to be subject to the New York City General Corporation Tax or Business Corporation Tax. This form is utilized to report various activities and information, such as the location of offices, number of employees within the city, and the ownership of property, among other details.
Who needs to file the NYC-245 form?
Any corporation with an officer, employee, agent, or representative in New City and disclaiming liability for the New York City General Corporation Tax or Business Corporation Tax must file the NYC-245 form. This includes entities considered corporations for federal income tax purposes under IRC §7701(a)(3) and §7704 starting from the taxable years beginning in 1996.
Can a corporation subject to General Corporation Tax or Business Corporation Tax file this form?
No, corporations subject to the General Corporation Tax or Business Corporation Tax cannot file the NYC-245 form. Such entities must file a General Corporation Tax return or a Business Corporation Tax return instead, using the appropriate form based on their tax obligations.
When is the NYC-245 form due?
What happens if a corporation fails to file the NYC-245?
Filing the NYC-245 form is crucial for corporations claiming not to be liable for NYC taxes based on their activities. Failure to file this form may result in the corporation being assumed to owe taxes and potentially subjected to penalties and interest charges for non-compliance.
Is there a fee to file the NYC-245 form?
The provided document does not specify a filing fee for the NYC-245 form. Typically, informational forms like the NYC-245 do not require a fee, but it's advisable to consult the latest instructions or the New York City Department of Finance for any updates or changes regarding filing fees.
How can a corporation claim exemption from the General Corporation Tax or Business Corporation Tax?
Corporations claiming exemption from taxes must submit an application for exemption containing a detailed affidavit to the Department of Finance. This affidavit must outline the organization's type, purposes, activities, income sources, and any other facts affecting its exemption status. The application must include copies of incorporation articles, bylaws, financial statements, a letter from the Treasury Department granting federal income tax exemption, and tax returns filed for the most recent years. There's no standard form or fee for this application.
Filling out forms for official purposes can be daunting, and even the smallest mistakes can lead to significant delays or complications. The NYC-245 form is no different, and there are common mistakes that corporations often make when completing it. Knowledge of these missteps can save time, energy, and potentially resources.
Incorrect or Incomplete Identification Information: One of the frequent errors is providing incomplete or incorrect identification information such as the taxpayer's email address, employer identification number, or business code number as per the federal return. It's crucial to double-check these details for accuracy.
Failing to Specify the Tax Year Correctly: Corporations sometimes enter the wrong dates for the calendar or fiscal year covered by the report. This can lead to confusion regarding the period for which the report is being filed.
Not Reporting All New York City Business Locations: The form requires listing all offices and other places of business in New York City. Failure to report some locations can result in incomplete disclosure of business activities.
Misunderstanding the Certification Requirement: The form needs to be certified by an elected officer of the corporation. Sometimes, individuals overlook this requirement or incorrectly assume who can perform the certification.
Inadequate Explanation of Business Activities: Question 6g asks for a description of activities taking place outside of New York City. A common error is providing vague or insufficient explanations, which can raise questions about the corporation's activities.
Omitting or Incorrectly Reporting Information on Transactions: Responses to questions about transactions or leases in the city must be accurate. Failing to report or misreporting these transactions can lead to incorrect assessments of tax liability.
Incorrectly Claiming Exemptions: Lines regarding exemption claims, such as line 5b, require careful attention. Misinterpretation of the corporation's eligibility for exemptions can lead to the mistaken submission of the form.
Understanding and avoiding these common mistakes can help ensure that the filing process goes smoothly and efficiently. It's also beneficial to review the instructions thoroughly before submission, as they can provide valuable clarity and prevent common errors.
Ensure all information is accurate and complete.
Review the form for any overlooked sections that require a response.
Consult the instructions for detailed guidance on how to correctly fill out the form.
Consider seeking professional advice if there is uncertainty about any requirements.
By paying attention to these details, corporations can successfully navigate the complexities of the NYC-245 form, thereby avoiding potential setbacks.
The NYC-245 Activities Report of Business and General Corporations form is a crucial document for corporations operating within New York City but asserting that they are not liable for the New York City General Corporation Tax or Business Corporation Tax. This form allows entities to provide necessary details about their activities, offices, representatives, and transactions in the city, helping to clarify their tax responsibilities. Alongside the NYC-245 form, there are several other essential forms and documents that corporations might need to file or maintain, ensuring compliance with local tax laws and regulations.
Each of these documents plays a vital role in the tax filing process for corporations within New York City, helping to accurately assess tax obligations, seek exemptions, or extend filing deadlines. Understanding the purpose and requirements of these forms ensures that corporations can navigate the complexities of local tax regulations, maintain compliance, and effectively manage their operational and financial responsibilities in the city.
The NYC-245 Activities Report shares similarities with the IRS Form 1120, U.S. Corporation Income Tax Return. Both documents focus on the specific activities and statuses of corporations, albeit at different governmental levels. The NYC-245, specific to New York City, serves corporations disclaiming liability for local taxes, similar to how Form 1120 is used by corporations to report their income, gains, losses, deductions, and credits to the federal government. Additionally, both forms require detailed information about the corporation's operations, officer information, and financial activities, although their tax implications differ.
Another document akin to the NYC-245 is the Form 990, Return of Organization Exempt From Income Tax, used by nonprofit organizations. While Form 990 pertains to tax-exempt entities at the federal level, requiring them to showcase their financial activities, missions, and program services, the NYC-245 is for business and general corporations within New York City claiming no tax liability. Both forms ensure transparency in operations and financial status, yet they cater to different types of organizations under distinct tax laws.
Form NYC-EXT, Application for Automatic Extension of Time to File Business Income Tax Returns, shares a procedural similarity with the NYC-245 in the realm of tax filing processes. Corporations that cannot file their tax returns by the due date use Form NYC-EXT to request more time, similar to how corporations use form NYC-245 to report activities in New York City for tax liability purposes. Both are integral in maintaining compliance with local tax regulations, yet they serve different functions—one for extending filing deadlines and the other for reporting specific corporate activities.
The Form NYC-4S, General Corporation Tax Return, parallels the NYC-245 as both are utilized by corporations operating within New York City. However, Form NYC-4S is specifically for those taxable under the General Corporation Tax, whereas the NYC-245 is for corporations not subject to the New York City General Corporation Tax or Business Corporation Tax. Each form collects detailed corporate information but diverges in intent—one is for tax-paying entities, and the other for those disclaiming tax liability.
Lastly, the similarity with the Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc., lies in the detailed financial reporting and transparency regarding operations. Schedule K-1 is part of the Form 1065 used by partnerships to report each partner's share of the business's profits, losses, deductions, and credits to the IRS. Like NYC-245, it's used to clarify the entity's financial and operational status, albeit in the context of partnership taxation at the federal level, ensuring that shareholders or partners are accurately reporting their income from the entity.
When filling out the NYC-245 form, it's crucial to ensure accuracy and compliance. Below are guidelines that outline what you should and shouldn't do during the process:
Things You Should Do
Things You Shouldn't Do
Understanding the NYC-245 form and its implications for business and general corporations can often be fraught with misconceptions. This form, designated for entities disclaiming liability for tax, plays a crucial role in tax administration within New York City. Here are five common misconceptions about the NYC-245 form:
This is a widespread misconception. The NYC-245 form is not a tax return; instead, it's an activities report filed by corporations that are claiming they are not subject to the New York City General Corporation Tax or Business Corporation Tax. Filing the NYC-245 form does not equate to filing a tax return, nor does it initiate the statute of limitations for tax assessments.
Another common error is the belief that submitting this form grants a corporation immunity from all forms of tax in NYC. The reality is that the form is simply a declaration stating the corporation believes it is not liable for specific NYC taxes due to the nature of its activities within the city. Potential tax liabilities may still exist under different provisions or for different types of taxes.
Not every corporation in New York City is required to file this form. The NYC-245 is explicitly for corporations that have an officer, employee, agent, or representative in the city and claim they are not liable for General Corporation Tax or Business Corporation Tax. Corporations fully liable for these taxes must file appropriate tax returns instead.
Contrary to what some might assume, corporations must report various types of physical presence and economic activities in NYC on the form. This includes, but is not limited to, information about offices, employees, and assets located or operating within the city. Such details are crucial for the NYC Department of Finance to determine the appropriate tax status of the corporation.
This is incorrect. Nonprofit organizations, provided they meet certain criteria and have received a letter of exemption from the NYC Department of Finance, are not required to file the NYC-245 form. Instead, their exemption is based on their nonprofit status and any change in this status or their activities should be directly reported to the Department of Finance.
Understanding these nuances is essential for corporations operating in New York City. Misinterpretations can lead to non-compliance, potentially resulting in unnecessary tax liabilities or penalties. Entities should consult with tax advisors or accountants familiar with NYC tax law to ensure they meet all reporting and filing requirements accurately.
The NYC-245 Activities Report is a document specifically designed for corporations that operate within New York City but claim they are not subject to the New York City General Corporation Tax or Business Corporation Tax.
Corporations that have an officer, employee, agent, or representative in the city and maintain they owe no General Corporation Tax or Business Corporation Tax are required to file this report.
It is mandatory for any corporation that claims it has ceased doing business in the city during the taxable year to not use this form. Instead, they should file a final return or request an extension on or before the 15th day post-cessation of business operations.
The NYC-245 form serves as a disclosure document rather than a tax return, and its submission does not initiate the statute limitations period for tax assessments.
The filing of the NYC-245 Activities Report necessitates careful consideration of the corporation’s activities and ties to New York City to ensure compliance while accurately claiming non-liability for city taxes.
For comprehensive guidance, corporations may consult the instructions provided with the form or seek advice to understand fully the obligations and exemptions outlined within the New York City tax regulations.
Access a Ride Staten Island - It requires various pieces of employee information, including a unique reference number found on pay statements or check stubs.
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