The NYC 5UB form, also known as the Partnership Declaration of Estimated Unincorporated Business Tax, is a crucial document for partnerships operating within New York City. It outlines the procedure for estimating and declaring taxes due on business income for the year, whether that's for the calendar year 2012 or a fiscal year starting and ending on different dates. This form serves the essential purpose of ensuring businesses comply with local tax obligations in a timely and organized manner.
The NYC-5UB form, a key document issued by the New York City Department of Finance, pertains specifically to partnerships declaring their estimated unincorporated business tax for the year 2012, whether operating on a calendar year basis or a fiscal year that begins and ends on other dates. It is designed to facilitate the advanced payment of taxes based on estimated earnings and tax liabilities, thereby aiding partnerships in efficiently managing their tax obligations within New York City. The form requires detailed information, including the business name, address, and Employer Identification Number, along with the business code number as per the federal return. Crucially, it walks taxpayers through a series of calculations to determine their estimated tax due and the amounts to be paid at specified intervals throughout the year. Additionally, the form acknowledges the possibility of applying overpayments from the previous year's taxes towards the current year's estimated tax, providing a measure of financial planning flexibility to partnerships. It further allows for adjustments in the estimated tax through amended declarations if there are significant changes to the business's income, deductions, or allocations. Penalties are outlined for failing to declare or pay the estimated tax due or for submitting false declarations, underscoring the importance of accuracy and timeliness. Modifications to the procedure for fiscal year taxpayers and the implications of changes in income during the tax year are also detailed, ensuring that partnerships have a comprehensive guide to navigate their estimated unincorporated business tax responsibilities for 2012.
*60511291*
▼
NEWYORKCITYDEPARTMENTOFFINANCE
PARTNERSHIP DECLARATION OF
2012
- 5UB
ESTIMATED UNINCORPORATED BUSINESS TAX
FINANCE
For CALENDAR YEAR 2012 or FISCAL YEAR beginning _________________ , _______ and ending __________________ , ________
Business name
Employer Identification Number
Typeor
In Care of
Print
Business address (number and street)
BusinessCodeNumberasperFederalReturn
City and State
Zip Code
Business Telephone Number
Taxpayerʼs Email Address
Payment Enclosed
A.
Payment
Pay amount shown on line 4 - Make check payable to: NYC Department of Finance ●
1a. Partnership's 2011 Unincorporated Business Tax
1b. Estimate of 2012 tax.........1b. ●
COMPUTATION OF INSTALLMENT - (✔) Check proper box below and enter amount indicated.
2.
If this declaration
■ April 17, 2012, enter 1/4 of line 1b
■ Sept. 17, 2012, enter 1/2 of line 1b
is due on:
■ June 15, 2012, enter 1/3 of line 1b
■ Jan. 15, 2013, enteramountofline1b}................. 2.
3.
Enteramountofoverpaymenton2011returnwhichyouelectedtohaveappliedasacreditagainst2012estimatedtax......... 3. ●
4.
Amount to be paid with this declaration (line 2 less line 3) (Payable to: NYC DEPARTMENT OF FINANCE)...................... 4. ●
Signature of taxpayer: _________________________________________________________________________________ Title: _________________________________________ Date: ____________________________
60511291
To receive proper credit, you must enter your correct Employer Identification Number on your declaration and remittance.
DETACHONDOTTEDLINE&SENDUPPERPORTIONINASEPARATEENVELOPE.RETAINLOWERPORTIONFORYOURRECORDS
ESTIMATED TAX WORKSHEET
▼ KEEP THIS PORTION FOR YOUR RECORDS ▼
1.
Net income from business expected in 2012 (see instructions)
Exemption (see instructions)
Line 1 less line 2 (estimated taxable business income)
Tax - enter 4% of line 3 (see instructions)
5a.
Business Tax Credit (✔) (Check applicable box below and enter credit amount)
❑Tax on line 4 is $3,400 or less. Your credit is the entire amount of tax on line 4.
❑Tax on line 4 is $5,400 or over. No credit is allowed. Enter "0".
❑Tax on line 4 is over $3,400 but less than $5,400, use formula for credit amount:
Tax on line 4 x ($5,400 minus tax on line 4)
.......................................................................5a.
$2,000
5b. Other credits (see instructions)
5b.
5c. Total credits (add lines 5a and 5b)
5c.
6.Estimated 2012 Unincorporated BusinessTax (line 4 less line 5c)
Enter here, online 7b, and on line 1bof declaration above
............................................................................................................................
6.
7a.
Partnership's 2011 Unincorporated BusinessTax 7a.
7b. Estimateof2012taxfromline6
7b.
COMPUTATION OF INSTALLMENT - (✔) Check proper box below and enter amount indicated. Fiscal year taxpayers see instructions.
8.
■ April 17, 2012, enter 1/4 of line 7b
■ Sept. 17, 2012, enter 1/2 of line 7b
} 8.
■ June 15, 2012, enter 1/3 of line 7b
■ Jan. 15, 2013, enter amount of line 7b
9.Enter amount of overpayment on 2011 return which you elected to have applied as a credit against 2012 estimated tax. 9.
10. Amount to be paid with this declaration (line 8 less line 9) (Payable to: NYC DEPARTMENT OF FINANCE)
10.
Make remittance payable to the order of:
NYC DEPARTMENT OF FINANCE
Payment must be made in U.S. dollars, drawn on a U.S. bank.
M A I L I N G
INSTRUCTIONS
DECLARATIONS WITH REMITTANCES
NYC DEPARTMENT OF FINANCE UNINCORPORATED BUSINESS TAX P. O. BOX 5070
KINGSTON, NY 12402-5070
ALL OTHERS
NYC DEPARTMENT OF FINANCE UNINCORPORATED BUSINESS TAX P. O. BOX 5080
KINGSTON, NY 12402-5080
NYC-5UB 2012
Form NYC-5UB - 2012 - Instructions
Page 2
NOTE
IfanyduedatefallsonSaturday,Sundayorlegalholiday,filingwillbetimelyifmade bythenextdaywhichisnotaSaturday,Sundayorholiday.
PURPOSEOFDECLARATION
ThisdeclarationformprovidesameansofpayingUnincorporatedBusinessTaxonacurrent basis for partnerships, joint ventures and similar entities (other than individuals, estates and trusts)engagedincarryingonanunincorporatedbusinessorprofession,asdefinedinSection 11-502oftheAdministrativeCode.Individuals,estatesandtrustsuseFormNYC-5UBTIfor filing their declarations.
Everyunincorporatedbusinessmustfileanincometaxreturnafterthecloseofitstaxableyear and pay any balance of tax due. If the tax has been overpaid, adjustment will be made only after the return has been filed.
WHOMUSTMAKEADECLARATION
A2012 declaration must be made by every partnership carrying on an unincorporated busi- nessorprofessioninNewYorkCityifitsestimatedtax(line6oftaxcomputationschedule) can reasonably be expected to exceed $3,400 for the calendar year 2012 (or, in the case of a fiscal year taxpayer, for the partnership fiscal year beginning in 2012).
WHENANDWHERETOFILEDECLARATION
You must file the declaration for the calendar year 2012 on or beforeApril 17, 2012, or on the applicable later dates specified in these instructions.
-Declarationswithremittances-
- Allotherdeclarations-
NYCDepartmentofFinance
UnincorporatedBusinessTax
P.O.Box5070
P.O.Box5080
Kingston,NY12402-5070
Kingston,NY12402-5080
Fiscal year taxpayers, read instructions opposite regarding filing dates.
HOWTOESTIMATEUNINCORPORATEDBUSINESSTAX
The worksheet on the front of this form will help you in estimating the tax for 2012.
LINE1-
Theterm“netincomefrombusinessexpectedin2012”meanstheamountthepartnershipes- timatestobeitsincomefor2012computedbeforethespecificexemption.RefertoSchedule A, line 14 of the 2011 Partnership Return (Form NYC-204) and related instructions.
LINE2-EXEMPTION
The amount of the allowable exemption may be determined by referring to the instructions for the 2011 Form NYC-204, ScheduleA, line 15.
LINE4-UNINCORPORATEDBUSINESSTAX
If you expect to receive a refund or credit in 2012 of any sales or compensating use tax for which a credit was claimed in a prior year underAdministrative Code Sections 11-503 (k) (sales and use tax credit), the amount of the estimated refund or credit must be added to the tax shown on line 4 of the tax computation schedule.
LINE5b-OTHERCREDITS
Enter on line 5b the amount estimated to be the sum of any credits allowable for 2012 under AdministrativeCodeSections11-503(e)(realestatetaxescalationcredit),11-503(f)(employ- ment opportunity relocation costs credit), 11-503(i) (relocation and employment assistance program (REAP) credit, 11-503(j) (UBT paid credit), 11-503(l)(lower Manhattan REAP Credit,) 11-503(m) (NYC Film Production Credit) and 11-503(n) (Industrial Business Zone Credit,) 11-503(o) (Biotechnology Credit). (For additional details concerning these credits, refertoinstructionsforFormsNYC-114.5,NYC-114.6,NYC-114.7,NYC-114.8,NYC-114.9 andNYC-114.10.)
DECLARATION
Online1aofthedeclaration(line7aoftheEstimatedTaxWorksheet),entertheamountthe partnership reported on line 25 of its 2011 Form NYC-204. On line 1b (line 7b of the Esti- matedTaxWorksheet)entertheamountfromline6ofthetaxcomputationschedule.Thisis the amount the partnership estimates as its 2012 Unincorporated BusinessTax liability.
PAYMENTOFESTIMATEDTAX
Exceptasspecifiedelsewhereintheseinstructions,theestimatedtaxonline1bofthedeclaration ispayableinequalinstallmentsonorbeforeApril17,2012,June15,2012,September17,2012 andJanuary15,2013. Thefirstinstallmentpaymentmustaccompanythedeclaration.However, theestimatedtaxmaybepaidinfullwiththedeclaration.
Iftherewasanoverpaymentonthe2011PartnershipTaxReturnandonline32boftheNYC- 204 or line 13 of the NYC-204EZ you elected to have that overpayment applied as a credit toward your 2012 estimated tax, enter the amount from line 32b of the NYC-204 or line 13 of the NYC-204EZ on line 3 of the declaration. (Line 9 of the EstimatedTaxWorksheet).
Make remittance payable to NYC DEPARTMENT OF FINANCE. All remittances must be
payableinU.S.dollarsdrawnonaU.S.bank. Checksdrawnonforeignbankswillberejected and returned.Aseparate check for the declaration will expedite processing of the payment.
AMENDEDDECLARATION
If,afteradeclarationisfiled,theestimatedtaxincreasesordecreasesbecauseofachangein income, deductions, or allocation, you should file an amended declaration on or before the next date for payment of an installment of estimated tax. This is done by completing the amendedscheduleoftheNoticeofEstimatedTaxPaymentDue(FormNYC-B100). Thisno- tice will be automatically mailed to you.
CHARGEFORUNDERPAYMENTOFINSTALLMENTSOFESTIMATEDTAX
Acharge is imposed for underpayment of an installment of estimated tax for 2012. For in- formationregardinginterestrates,call311. IfcallingfromoutsideofthefiveNYCboroughs, please call 212-NEW-YORK (212-639-9675).TheAdministrative Code follows provisions similartotheInternalRevenueCodewithrespecttounderpaymentsofestimatedtax. Form NYC-221 may be used to determine if any charge for underpayment is due or if any excep- tionsapply. Ifitappearsthattherewasanunderpaymentofanyinstallmentofestimatedtax, a completed copy of Form NYC-221 may be attached to the return explaining why an addi- tional charge should not be made.
PENALTIES
The law imposes penalties for failure to make a declaration or pay estimated tax due or for making a false or fraudulent declaration or certification.
FISCALYEARTAXPAYERS
InthecaseofapartnershipthatfilesitsUnincorporatedBusinessTaxReturnonafiscalyear basis,substitutethecorrespondingfiscalyearmonthsforthemonthsspecifiedintheinstruc- tions. For example, if the fiscal year begins onApril 1, 2012, the Declaration of Estimated Unincorporated Business Tax will be due on July 16, 2012, together with payment of first quarterestimatedtax.Inthiscase,equalinstallmentswillbedueonorbeforeSeptember17, 2012, December 17, 2012, andApril 16, 2013.
CHANGESININCOME
EventhoughonApril17,2012,apartnershipdoesnotexpectitsunincorporatedbusinesstax toexceed$3,400,achangeinincome,allocationorexemptionmayrequirethatadeclaration be filed later. In this event the requirements are as follows:
File
Amountof
Installment
Ifrequirementforfilingoccurs:
declaration
estimated
payment
by:
taxdue
dates
AFTER
BUT BEFORE
April 1, 2012
June 2, 2012
June 15, 2012
1/3
(1)
.......................................
(2)
Sept. 17, 2012
(3)
Jan. 15, 2013
June 1, 2012
Sept. 2, 2012
1/2
Sept. 1, 2012
Jan. 1, 2013
100%
None
If the partnership files its 2012 Unincorporated BusinessTax Return by February 15, 2013, andpaysthefullbalanceoftaxdue,itneednot:(A) fileanamendeddeclarationoranoriginal declarationotherwisedueforthefirsttimeonJanuary15,2013,or(B) paythelastinstallment of estimated tax otherwise due and payable on January 15, 2013.
CAUTION
AnextensionoftimetofileyourfederaltaxreturnorNewYorkStatepartnershipinformation return does NOTextend the filing date of your NewYork City tax return.
Filing a declaration or an amended declaration, or payment of the last installment on January 15,2013,orfilingataxreturnbyFebruary15,2013,willnotsatisfythefilingrequirementsif thepartnershipfailedtofileorpayanestimatedtaxwhichwasdueearlierinthetaxableyear.
ELECTRONICFILING
Note:Registerforelectronicfiling. Itisaneasy,secureandconvenientwaytofileandpayan extension on-line.
For more information log on to nyc.gov/nycefile.
Filling out the NYC 5UB form is an important step for partnerships in New York City that are estimating their taxes for unincorporated business activities. This form helps partnerships declare their estimated taxes to ensure they comply with local tax obligations. The process can seem complex at first, but by following the instructions step-by-step, partnerships can accurately complete and submit their declaration.
After submitting the form, it's essential to keep a copy for your records. If there are any changes in your estimated tax liability, you might need to file an amended declaration. Staying on top of these obligations helps ensure your partnership remains in good standing with the New York City Department of Finance.
Frequently Asked Questions (FAQs) about the NYC-5UB Form
The NYC-5UB form is a document used by partnerships and other similar entities to declare and pay estimated unincorporated business tax (UBT) to the New York City Department of Finance. This form is applicable for businesses operating within New York City.
Any partnership, joint venture, or similar entity engaged in a business or profession within New York City that anticipates a UBT liability exceeding $3,400 for the tax year must file the NYC-5UB form. This does not apply to individuals, estates, or trusts.
The initial due date for filing the form is April 17 for the calendar year filers, with subsequent installments due on different dates depending on the entity's fiscal calendar. Fiscal year taxpayers should refer to specific instructions regarding their filing dates.
Declarations with payment should be sent to the NYC Department of Finance, Unincorporated Business Tax, P.O. Box 5070, Kingston, NY 12402-5070. Declarations without payment should be sent to P.O. Box 5080, Kingston, NY 12402-5080.
The front portion of the NYC-5UB form contains a worksheet designed to help estimate your tax for the year. This involves calculating net business income, applying exemptions, and determining applicable credits.
If your estimated tax liability increases or decreases due to a change in income, deductions, or allocation, you should file an amended declaration before the next installment due date using a specified amended schedule provided by the NYC Department of Finance.
Yes, failure to file, late filing, or submitting a false or fraudulent declaration can result in penalties. It is important to ensure accurate and timely filing to avoid these penalties.
Yes, electronic filing is encouraged as it is a secure and convenient way to file and pay any taxes due. For more information on electronic filing, visit the NYC Department of Finance website.
If you overpay your estimated tax, you can apply the overpayment as a credit towards the next year's estimated tax or request a refund after filing your annual UBT return. Adjustments due to overpayment are handled after the annual return has been processed.
Firstly, a frequent error occurs right at the beginning, with businesses incorrectly listing their Employer Identification Number (EIN). This number is crucial for the Department of Finance to associate the declaration with the correct entity. Any mismatch or typo can lead to processing delays or misapplied payments.
Another common oversight is the failure to accurately estimate the tax due on line 1b. Estimations should reflect a thoughtful analysis of the upcoming year's finances, not just a replication of previous years' figures. Unrealistic estimations can result in underpayment penalties or overpayment, affecting the business's cash flow.
Moreover, selecting the incorrect installment amount due based on the specific due date (April 17, June 15, September 17, or January 15) is a mistake that can lead to unnecessary complications. Each choice correlates with a fraction of the estimated tax, and misunderstanding this calculation can skew the entire declaration's accuracy.
The computation of credits, including overpayments from the previous year (line 3), is often miscalculated or omitted. These credits can significantly reduce the amount owed, so overlooking them can lead to overpaying.
Incorrectly calculating or failing to include applicable business tax credits (lines 5a and 5b) is yet another common error. There are multiple credits available, and understanding which ones the business qualifies for can substantially lower the tax liability.
Also, a significant error comes from not properly signing and dating the form. A signature is a legal attestation to the accuracy of the information provided. Missing signatures can invalidate the whole declaration, delaying the processing times.
Last but not least, businesses often miss the opportunity to electronic filing and payment, which is not only secure but also expedites the process. Traditional mailing methods are prone to delays and lack the immediate confirmation provided by electronic submission.
To ensure that the NYC-5UB form is filled out accurately, partnerships should carefully review their financial records, consult the form's instructions, and consider seeking advice from a tax professional. Avoiding these common mistakes will streamline the process, ensuring timely and accurate submissions.
Completing the NYC-5UB form, a partnership’s estimated unincorporated business tax declaration for New York City, is a crucial step for partners aiming to comply with local tax obligations. However, this document doesn't stand alone in the sphere of tax compliance and financial documentation. Various additional forms and documents are often required to provide a full picture of a business's financial health and tax responsibilities. Below is a description of up to eight other documents often used along with the NYC-5UB form.
In the complex landscape of tax preparation, these documents collectively provide a framework for partnerships and their members to report income accurately and take advantage of eligible credits. Properly filling and filing these documents not only ensures compliance with federal and local tax laws but also positions partnerships to optimize their financial strategies. Tax professionals often stress the importance of accuracy and timeliness in submitting these forms to avoid penalties and maximize potential benefits.
The Form 1040-ES, used by individuals to estimate taxes owed for the year, shares similarities with the NYC 5UB form, primarily in its purpose. Both documents allow the filer to estimate forthcoming tax obligations based on anticipated earnings. Where the NYC 5UB focuses on New York City's unincorporated business tax for partnerships, the 1040-ES encompasses estimated tax for federal income, including self-employment tax and alternative minimum tax, reflecting the similar need for taxpayers to manage payment obligations throughout the tax year.
The IRS Schedule K-1 (Form 1065) parallels the NYC 5UB form in its association with partnerships. Schedule K-1 reports an individual partner's share of a partnership's earnings, deductions, and credits to the IRS. Like the NYC 5UB, it ensures that income from pass-through entities is reported and taxed appropriately, with the primary difference being the former's federal scope versus the latter's municipal focus on New York City's businesses.
The NYC-204 form, which is the Unincorporated Business Tax Return for Partnerships, serves a direct complement to the NYC 5UB form. While the NYC 5UB estimates a partnership's tax liability for the upcoming year, the NYC-204 reconciles the actual financial performance of the partnership. Both forms ensure compliance with New York City's taxation of unincorporated businesses, facilitating a partnership's financial planning and reporting obligations.
The Form 941, Employer's Quarterly Federal Tax Return, though centered on payroll taxes, shares the quarterly reporting structure with the NYC 5UB form. Form 941 details an employer's tax obligations regarding withheld income tax and both employee and employer Social Security and Medicare taxes. This quarterly approach to managing tax obligations mirrors the NYC 5UB's installment payment options, highlighting a systemic method of tax administration across different tax types.
Form 1120-W, the Estimated Tax for Corporations, is akin to the NYC 5UB in its provision for businesses to prepay their tax liability. While Form 1120-W is designed for corporations to estimate their federal income tax, the NYC 5UB serves a similar purpose for partnerships at the municipal level in New York City, showcasing the universal practice of estimated tax payments across various forms of business organization and levels of government.
The New York State ST-809 form, used for remitting sales tax, while different in tax type, shares the concept of regular payments to government bodies found in the NYC 5UB form. Both forms require timely submissions based on business activity, illustrating how varied taxation mechanisms still rely on periodic reports and payments to align with regulatory frameworks.
The NYC-5L form, which is specific to Limited Liability Companies (LLCs) and their estimated unincorporated business tax, parallels the NYC 5UB form in structure and intent, targeting a different entity type. Both are structured to assist entities in New York City with estimating and prepaying taxes based on business income, reinforcing the city's approach to taxing business operations within its jurisdiction.
The MTA-305, or the Metropolitan Commuter Transportation Mobility Tax (MCTMT) estimated tax form, while specific to a tax imposed on certain employers and self-employed individuals for the benefit of the Metropolitan Transportation Authority, shares the NYC 5UB's concept of advance tax payments. This similarity underscores the broad application of estimated payments in various tax domains, facilitating ongoing funding for essential services and infrastructures.
The U.S. Form 8868, Application for Extension of Time To File an Exempt Organization Return, though not a tax payment form, relates to the NYC 5UB through its focus on tax administration timing. Form 8868 allows nonprofits additional time to file their detailed returns, just as the NYC 5UB allows partnerships to manage tax payment schedules, reflecting the tax system's flexibility in accommodating diverse taxpayer needs.
Lastly, the CT-300, Mandatory First Installment (MFI) of Estimated Corporation Tax for New York State corporations, shares the NYC 5UB’s essence of facilitating advance tax payments. This form's focus on preparing corporations to meet their tax obligations in installments runs parallel to the NYC 5UB's purpose, highlighting the importance of proactively managing tax liability across different jurisdictions and entity types.
When filling out the NYC-5UB form for Estimated Unincorporated Business Tax, there are specific guidelines you should follow to ensure accuracy and compliance. Below are key actions to take and avoid:
There are several misconceptions surrounding the New York City Form NYC-5UB, which is the 2012 Partnership Declaration of Estimated Unincorporated Business Tax. Clarification of some of the most common errors can ensure better understanding and compliance with city tax obligations.
Understanding these key points can demystify the process surrounding the NYC-5UB form, aiding partnerships in accurately fulfilling their tax obligations and avoiding common pitfalls related to misconceptions about the declaration process.
Understanding the NYC-5UB form is crucial for partnerships and similar entities engaged in business within New York City. This form is used for estimating and declaring Unincorporated Business Tax. Here are five key takeaways to ensure compliance and accuracy when dealing with the NYC-5UB form:
In the event of changes in income, deductions, or allocations that might affect your estimated tax, you may be required to file an amended declaration. Keeping abreast of any financial changes throughout the year and understanding how they impact your estimated tax is vital to maintaining compliance with New York City’s tax regulations.
Understanding and correctly completing the NYC-5UB form is essential for all applicable partnerships. Taking these key points into account can help ensure that your entity remains compliant, avoids unnecessary penalties, and accurately estimates its Unincorporated Business Tax obligations.
Nyc Dob Forms - This form is designed for compliance with Local Law 26/04, requiring buildings to report on sprinkler system installation every seven years.
What Is New York State Sales Tax - It is an essential document for both online and brick-and-mortar businesses operating in New York State.
Ifb Invitation for Bid - Optimized to gather essential information for fraud investigation, including contact details of company representatives familiar with the case.