The CT-3-S form serves as the New York S Corporation Franchise Tax Return, a vital document for S corporations operating under the jurisdiction of New York State's Tax Law – Articles 9-A and 22. It encompasses essential information regarding the corporation's taxable income, apportionment of income, and credits, ensuring compliance with state tax obligations. S corporations are required to complete this form annually, detailing their financial activities within the tax period specified on the form. To facilitate the smooth filing of your CT-3-S form, click on the button below.
Filing taxes as an S Corporation in New York requires navigating through specific state mandates, as outlined in the New York State Department of Taxation and Finance CT-3-S Form. This intricate document serves as a comprehensive Franchise Tax Return for S Corporations under Articles 9-A and 22 of the New York Tax Law. It meticulously details every aspect of tax obligations, from identification and banking details to the critical financial data reflecting an entity's earning and spending throughout the fiscal period. Within its sections, filers must report ordinary business income or losses, dividends, royalties, capital gains or losses, and other income types. Moreover, it addresses shareholder loans and assets, painting a full picture of the corporation's financial health. The form also delves into adjustments based on tax credits, the computation of taxes owed or overpayments due for refund, and stipulations for special situations such as ownership changes, property interests in New York State, and elections made under various internal revenue codes. Accurate apportionment of business activities to New York ensures fair taxation, reflecting the true extent to which the corporation benefits from or contributes to the New York economy. By demanding detailed information, such as the apportionment factor calculation and a breakdown of federal tax information, the CT-3-S Form is a critical tool for both the state and S corporations to ensure compliance and fair taxation.
Department of Taxation and Finance
CT-3-S
New York S Corporation Franchise Tax Return
Tax Law – Articles 9-A and 22
All filers must enter tax period:
Final return (see instructions)
Amended return
beginning
ending
Employer identification number (EIN)
File number
Business telephone number
()
If you claim an overpayment,
mark an X in the box ...................................
Legal name of corporation
Trade name/DBA
Mailing address
State or country of incorporation
Care of (c/o)
Number and street or PO box
Date of incorporation
Foreign corporations: date began business in NYS
City
U.S. state/Canadian province
ZIP/Postal code
Country (if not United States)
For office use only
NAICS business code number (from NYS Pub 910)
If you need to update your address or
New York S election effective date
phone information for corporation tax,
NYS principal business activity
or other tax types, you can do so online.
See Business information in Form CT-1.
Has the corporation revoked its election to be treated as a New York
S corporation?
Number of shareholders
Yes
No
If Yes, enter effective date:
A Pay amount shown on Part 2, line 46. Make payable to: New York State
Corporation Tax
Payment enclosed
Attach your payment here. Detach all check stubs. (See instructions for details.)
A
You must attach a copy of the following: (1) federal Form 1120S as filed; (2) Form CT-34-SH; (3) Form CT-60, if applicable;
(4) any applicable credit claim forms, (5) Form CT-225, if applicable; and (6) Form CT-227, if applicable.
B
If you filed a return(s) other than federal Form 1120S, enter the form number(s) here
C
Enter your business apportionment factor (from Part 3, line 56)
D
Did the S corporation make an IRC section 338 or 453 election?
E
Did this entity have an interest in real property located in New York State during the last three years?
F
Has there been a transfer or acquisition of a controlling interest in this entity during the last three years?
G
If the IRS has completed an audit of any of your returns within the last five years, list years....
HIf this return is for a New York S termination year, mark an X in the appropriate box to indicate which method of accounting was used for the New York S short year (see New York S corporation termination year in instructions)
Normal accounting rules
Daily pro rata allocation
I Mark an X in the box if you are filing Form CT-3-S as a result of the mandatory New York S election of Tax Law, Article 22, section 660(i)..
J
If you are one of the following, mark an X in one box:
QETC
Qualified New York manufacturer
K
If you filed as a New York C corporation in previous years, enter the last year filed as such
.........................................
L
Are you a residual interest holder in a real estate mortgage investment conduit (REMIC)?
M
Enter the amount, if any, of tax paid from federal Form 1120S, line 22c
NIf you include the activities of a qualified subchapter S subsidiary (QSSS), partnership, single member limited liability
company (SMLLC), or DISC in this return, or have other affiliated entities, mark an X in the box and attach Form CT-60 ......
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OWere you required to report any nonqualified deferred compensation, as required by IRC § 457A, on your
2021 federal return? (see instructions)
PIf you are a foreign corporation computing your tax taking into account only your distributive shares from multiple limited
partnerships, mark an X in the box ...........................................................................................................................................
Q If you made a voluntary contribution to any available funds, mark an X in the box and attach Form CT-227 ..............................
Part 1 – Federal Form 1120S information
Provide the information for lines 1 through 10 from the corresponding lines on your federal Form 1120S, Schedule K, total amount column. (Show any negative amounts with a minus (-) sign; do not use parentheses or brackets.)
1Ordinary business income or loss...................................................................................................
2Net rental real estate income or loss...............................................................................................
3Other net rental income or loss.......................................................................................................
4 Interest income................................................................................................................................
5Ordinary dividends........................................................................................................................... 6 Royalties.......................................................................................................................................... 7 Net short-term capital gain or loss................................................................................................... 8 Net long-term capital gain or loss.................................................................................................... 9 Net section 1231 gain or loss..........................................................................................................
10Other income or loss.......................................................................................................................
11Loans to shareholders (from federal Form 1120S, Schedule L, line 7, columns b and d)
Beginning of tax year
End of tax year
12Total assets (from federal Form 1120S, Schedule L, line 15, columns b and d)
13Loans from shareholders (from federal Form 1120S, Schedule L, line 19, columns b and d)
1
2
3
4
5
6
7
8
9
10
Provide the information for lines 14 through 21 from the corresponding lines on your federal Form 1120S, Schedule M-2.
(Show any negative amounts with a minus (-) sign; do not use parentheses or brackets.)
14Balance at beginning of
tax year................................
15Ordinary income from federal
Form 1120S, page 1, line 21..
16Other additions........................
17Loss from federal Form 1120S,
page 1, line 21.....................
18Other reductions......................
19Combine lines 14 through 18...
20Distributions..............................
21Balance at end of tax year.
Subtract line 20 from line 19...
Accumulated adjustments
account
Shareholders’
undistributed taxable
income previously taxed
Accumulated earnings
and profits
Other adjustments
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Part 2 – Computation of tax (see instructions)
Have you been convicted of an offense, or are you an owner of an entity convicted of an offense, defined in
New York State Penal Law Article 200 or 496, or section 195.20? (see Form CT-1, mark an X in one box)
You must enter an amount on line 22; if none, enter 0.
22
New York receipts (from Part 3, line 55, column A (New York State))
23
Fixed dollar minimum tax (see instructions)
24
Recapture of tax credits (see instructions)
25
.............................................................Total tax after recapture of tax credits (add lines 23 and 24)
26
Special additional mortgage recording tax credit (current year or deferred; see instructions)
27
.......................................................................Tax due after tax credits (subtract line 26 from line 25)
First installment of estimated tax for the next tax period:
28
Enter amount from line 27
29
If you filed a request for extension, enter amount from Form CT-5.4, line 2
30If you did not file Form CT-5.4 and line 28 is over $1,000, enter 25% (.25) of line 28.
Otherwise enter 0
30
31
............................................................................................................Add line 28 and line 29 or 30
Composition of prepayments (see instructions):
Date paid
Amount
32
Mandatory first installment
33
Second installment from Form CT-400
34
Third installment from Form CT-400
35
Fourth installment from Form CT-400
36Payment with extension request from
37
Form CT-5.4
36
Overpayment credited from prior years (see instructions)
38
......................................................................................Total prepayments (add lines 32 through 37)
39
...........................................Balance (subtract line 38 from line 31; if line 38 is larger than line 31, enter 0)
40
Estimated tax penalty (see instructions; mark an X in the box if Form CT-222 is attached)
...............
41
Interest on late payment (see instructions)
42
Late filing and late payment penalties (see instructions)
43
........................................................................................................Balance (add lines 39 through 42)
Voluntary gifts/contributions
44
Total voluntary gifts/contributions (from Form CT-227, Part 2, line 1)
45
Add lines 31, 40, 41, 42, and 44
46Balance due (If line 38 is less than line 45, subtract line 38 from line 45 and enter here. This is the amount
due; enter your payment amount on line A on page 1.)
46
47Overpayment (If line 38 is more than line 45, subtract line 45 from line 38 and enter here. This is the
amount of your overpayment; see instructions.)
47
48
Amount of overpayment to be credited to next period (see instructions)
49
Refund of overpayment (subtract line 48 from line 47; see instructions)
50
Refund of unused special additional mortgage recording tax credit (see instructions)
51Amount of special additional mortgage recording tax credit to be applied as an overpayment to
next period
51
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Part 3 – Computation of business apportionment factor (see instructions)
Mark an X in this box only if you have no receipts required to be included in the denominator of the apportionment factor (see instr.)....
A – New York State
B – Everywhere
Section 210-A.2
Sales of tangible personal property
Sales of electricity
...................................................Net gains from sales of real property
Section 210-A.3
Rentals of real and tangible personal property
Royalties from patents, copyrights, trademarks, and similar intangible
personal property
Sales of rights for certain closed-circuit and cable TV transmissions
of an event
Section 210-A.4
Sale, licensing, or granting access to digital products
Section 210-A.5(a)(1) – Fixed percentage method for qualified financial instruments (QFIs)
8 To make this irrevocable election, mark an X in the box (see instructions)
Section 210-A.5(a)(2) – Mark an X in each box that is applicable (see line 8 instructions)
Section 210-A.5(a)(2)(A)
Interest from loans secured by real property
Net gains from sales of loans secured by real property
11
Interest from loans not secured by real property (QFI
.............. )
12Net gains from sales of loans not secured by real property (QFI ).
Section 210-A.5(a)(2)(B) (QFI )
13
Interest from federal debt
14
15
Interest from NYS and its political subdivisions debt
16
Net gains from federal, NYS, and NYS political subdivisions debt
17
Interest from other states and their political subdivisions debt
18
Net gains from other states and their political subdivisions debt
Section 210-A.5(a)(2)(C) (QFI
)
19Interest from asset-backed securities and other government agency debt.
20Net gains from government agency debt or asset-backed securities
21
sold through an exchange
Net gains from all other asset-backed securities
Section 210-A.5(a)(2)(D) (QFI
Interest from corporate bonds
23Net gains from corporate bonds sold through broker/dealer or
licensed exchange ............................................................................
24 Net gains from other corporate bonds .................................................
Section 210-A.5(a)(2)(E)
25Net interest from reverse repurchase and securities borrowing agreements.
Section 210-A.5(a)(2)(F)
Net interest from federal funds
Section 210-A.5(a)(2)(I) (QFI
Net income from sales of physical commodities
Section 210-A.5(a)(2)(J) (QFI
Marked to market net gains
Section 210-A.5(a)(2)(H) (QFI
210-A.5(a)(2)(G) (QFI
Interest from other financial instruments
Net gains and other income from other financial instruments
12
19
20
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CT-3-S (2021) Page 5 of 6
Part 3 – Computation of business apportionment factor (continued)
Section 210-A.5(b)
Brokerage commissions
Margin interest earned on behalf of brokerage accounts
Fees for advisory services for underwriting or management of underwriting .
Receipts from primary spread of selling concessions
Receipts from account maintenance fees
Fees for management or advisory services
...................................................Interest from an affiliated corporation
Section 210-A.5(c)
Interest, fees, and penalties from credit cards
Service charges and fees from credit cards
Receipts from merchant discounts
Receipts from credit card authorizations and settlement processing ...
..................................................Other credit card processing receipts
Section 210-A.5(d)
Receipts from certain services to investment companies
Section 210-A.5-a
Global intangible low-taxed income
0
00
Section 210-A.6
Receipts from railroad and trucking business
Section 210-A.6-a
Receipts from the operation of vessels
Section 210-A.7
Receipts from air freight forwarding
..................................................Receipts from other aviation services
Section 210-A.8
Advertising in newspapers or periodicals
Advertising on television or radio
Advertising via other means
Section 210-A.9
52
Transportation or transmission of gas through pipes
Section 210-A.10
53
Receipts from other services/activities not specified
Section 210-A.11
54
Discretionary adjustments
Total receipts
55
Add lines 1 through 54 in columns A and B
Calculation of business apportionment factor
56New York State business apportionment factor (divide line 55, column A by line 55, column B and enter
the resulting decimal here; round to the sixth decimal place after the decimal point; see instructions)
56
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Amended return information
If filing an amended return, mark an X in the box for any items that apply and attach documentation.
Final federal determination
If marked, enter date of determination:
Third – party
Designee’s name (print)
Designee’s phone number
(
designee
Designee’s email address
(see instructions)
PIN
Certification: I
certify that this return and any attachments are to the best of my knowledge and belief true, correct,
and
complete.
Authorized
Printed name of authorized person
Signature of authorized person
Official title
person
Email address of authorized person
Telephone number
Date
Paid
Firm’s name (or yours if self-employed)
Firm’s
EIN
Preparer’s PTIN or SSN
preparer
use
Signature of individual preparing this return
Address
State
ZIP code
only
Email address of individual preparing this return
Preparer’s NYTPRIN or
Excl. code
(see instr.)
See instructions for where to file.
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Filling out the CT-3-S New York S Corporation Franchise Tax Return is an important process for S corporations operating in New York, requiring attention to detail and careful entry of data to ensure compliance with state tax regulations. Following a stepwise approach can simplify this task, making it manageable and less time-consuming.
After completing these steps, review the form to ensure all information is accurate and complete. Make sure all necessary documents are attached, and all required sections are filled out. The final step is to submit the form to the appropriate state department by the deadline to avoid any penalties or fees.
What is the CT-3-S Form?
The CT-3-S Form is a document businesses file with the New York Department of Taxation and Finance. It's specifically used by S corporations for the New York S Corporation Franchise Tax Return. These corporations must report their income, deductions, gains, losses, and other financial information through this form.
Who needs to file the CT-3-S Form?
S corporations operating in New York State are required to file the CT-3-S Form. An S corporation is a designation that refers to a corporation that has elected to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes.
What information do I need to gather before filling out the CT-3-S Form?
Filers need to collect various pieces of information including the federal Form 1120S, Form CT-34-SH, Form CT-60 if applicable, any applicable credit claim forms, Form CT-225 if applicable, and Form CT-227 if applicable. Additionally, detailed financial accounts including income, deductions, and shareholder information are required.
Is there a deadline for filing the CT-3-S Form?
Yes, there is a specific deadline for filing the CT-3-S Form which typically falls on the 15th day of the third month following the end of the corporation's tax year. For corporations that follow a calendar year, the deadline would be March 15th.
Can I amend a previously filed CT-3-S Form?
Yes, if an S corporation needs to correct information on a previously filed CT-3-S Form, they can file an amended return. It's important to check the box on the form indicating that it's an amended return and to provide the necessary documentation to support the changes.
What happens if I fail to file the CT-3-S Form on time?
Failing to file the CT-3-S Form on time can result in penalties and interest charges. The New York Department of Taxation and Finance can assess these fees based on the lateness of the filing and the amount of unpaid tax due.
How do I calculate my tax liability on the CT-3-S Form?
The CT-3-S Form includes a section for computing your tax, which involves several steps including determining New York receipts, applying the fixed dollar minimum tax if applicable, and calculating tax after credits. Carefully refer to the instructions for each line to accurately calculate your tax liability.
Do I need to attach any additional documents when filing the CT-3-S Form?
Yes, attachments include the federal Form 1120S as filed, Form CT-34-SH, Form CT-60 if applicable, any applicable credit claim forms, Form CT-225 if applicable, and Form CT-227 if applicable. Ensure all necessary documents are securely attached to avoid processing delays.
What happens after I file the CT-3-S Form?
After filing, the New York Department of Taxation and Finance will process your S Corporation Franchise Tax Return. If there are any issues or if further information is needed, they may contact you. Once processed, you'll receive confirmation and any applicable notices regarding your filing status and tax liability or refund.
Where can I get help if I have questions while filling out the CT-3-S Form?
For assistance, you can contact the New York Department of Taxation and Finance directly or seek help from a tax professional familiar with New York state tax laws and filing requirements. Their website also hosts instructions and resources that can guide you through the process.
Filling out the CT-3-S New York S Corporation Franchise Tax Return form can be a complex process that requires attention to detail. One common mistake people make is failing to attach the required documents, such as the federal Form 1120S and any applicable credit claim forms. The form clearly stipulates that these documents must accompany the submission, yet in the rush to meet deadlines, this step can be easily overlooked.
Another area where errors frequently occur is in the calculation of the New York receipts on line 22 of Part 2. This figure is critical because it impacts the fixed dollar minimum tax amount on line 23. Without accurate receipts data, the corporation risks underpaying or overpaying its tax liability. The intricacies of calculating New York-specific revenue often trip up filers, especially those who operate in multiple states.
Incorrectly entering the business apportionment factor in Part 3 is also a common mistake. This factor, determined by the formula in line 56, requires precise input of New York State and everywhere receipts. Misinterpretation of what constitutes "receipts" or improper allocation can skew the apportionment factor, leading to inaccurate tax calculations.
Many filers overlook marking the correct boxes in the section regarding special statuses, such as being a Qualified New York manufacturer or a participant in certain elections under IRC sections. These designations, found under items I and J, can significantly affect tax obligations and eligibility for credits, yet they are often left blank or incorrectly marked due to misunderstanding of the qualifying criteria.
Last but not least, failing to accurately report changes in shareholder numbers or the revocation of S corporation status can have serious repercussions. The form questions under "Has the corporation revoked its election to be treated as a New York S corporation?" and "Number of shareholders" are not merely procedural; they are crucial for determining the correct tax treatment and ensuring compliance with New York State tax laws.
When preparing and filing the CT-3-S New York S Corporation Franchise Tax Return, corporations often need to gather additional forms and documents to complete their submission accurately. These additional documents play a crucial role in clarifying the income, deductions, credits, and tax payments relevant for the S corporation during the tax period. From detailing shareholders' individual shares to delineating payments made for estimated taxes, each form serves a specific purpose in the broader context of corporate tax reporting in New York.
The proper preparation and submission of these documents, alongside the CT-3-S, ensure compliance with New York State tax obligations, accurate tax calculation, and timely benefit from various tax credits. It’s a meticulous process that requires careful attention to detail and understanding of the tax codes and regulations to ensure that an S Corporation fulfills its tax responsibilities fully and efficiently.
The CT-3-S New York S Corporation Franchise Tax Return shares several similarities with the federal Form 1120S, U.S. Income Tax Return for an S Corporation. Primarily, both forms are designed for S corporations, entities that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes. The CT-3-S requires S corporations to provide detailed financial information similar to what is required on Form 1120S, including ordinary business income or losses, deductions, and credits. Additionally, both forms require the attachment of Schedule K-1 forms that report each shareholder's share of the corporation's income, deductions, and credits.
Another document similar to the CT-3-S form is the Form CT-34-SH, New York S Corporation Shareholders’ Information Schedule. This form is specifically designed to collect information about each shareholder's share of income, deductions, and credits, mirroring the requirements found in the federal Schedule K-1 attached to Form 1120S. The CT-34-SH is necessary for detailing each shareholder’s portion of income and other tax attributes, helping the state to ensure that all income is properly reported and taxed at the individual level, in conjunction with the information provided in the CT-3-S.
The CT-60, Affiliated Entity Information Schedule, also shares a connection with the CT-3-S form. The CT-60 form is used by corporations to report information on affiliated entities, an element that’s crucial for determining the proper tax basis and apportionment for S corporations operating within a larger group of companies. This form complements the CT-3-S by providing a detailed look at how an S corporation's tax obligations in New York are affected by its relationships with other entities, likening the interconnectedness to how federal tax law considers consolidated groups for tax reporting purposes.
Lastly, the Form CT-5.4, Application for Six-Month Extension to File New York S Corporation Franchise Tax Return, also parallels the CT-3-S form in that both interact directly with the filing requirements for S corporations in New York. While the CT-3-S form is the actual tax return, the CT-5.4 allows S corporations to apply for additional time to gather necessary information to complete their CT-3-S accurately. This extension form demonstrates the tax system's flexibility, acknowledging the complexity of tax reporting and the importance of accuracy, especially in conveying the taxes owed by S corporations to New York State.
Filling out the CT-3-S New York S Corporation Franchise Tax Return requires attention to detail and accuracy. To ensure a smooth process, here are some dos and don'ts when completing this form:
Remember, accuracy and thoroughness are key when completing the CT-3-S form. If unsure about any aspect, consulting the detailed instructions provided by the New York State Department of Taxation and Finance or seeking professional help can prevent common mistakes and ensure proper compliance with state tax laws.
Many people have misconceptions about the New York S Corporation Franchise Tax Return (CT-3-S form). Let's address some of these misunderstandings:
Only businesses in New York City need to file: Some believe that the CT-3-S is exclusively for corporations operating within New York City. However, the CT-3-S form is required for any S corporation subject to New York State franchise taxes, not just those in the city. This covers S corporations doing business, employing capital, owning or leasing property, or maintaining an office in the state of New York.
Filing the federal S corporation return is enough: Another common misconception is that once an S corporation files its federal tax return (Form 1120S), no further state tax filing is required. In reality, S corporations must also file the CT-3-S to meet New York State tax obligations, providing detailed information about their income, deductions, and tax credits specific to New York.
All S corporations pay the same tax rate: It's often assumed that all S corporations are taxed at a uniform rate. Contrary to this belief, the tax computation for S corporations in New York varies based on several factors including New York receipts, fixed dollar minimums, and other specific tax credits and deductions that may apply. This can result in significantly different tax liabilities for S corporations.
Income from all states is taxable: Some might think that S corporations must pay New York taxes on all their income, regardless of where it was earned. The truth is, New York taxes S corporations based on an apportionment formula, which considers the amount of business conducted within the state. This means that only the income attributed to New York State activities is taxed.
An extension to file grants an extension to pay: Businesses often misunderstand that by requesting an extension to file their CT-3-S, they're also granted more time to pay any taxes owed. Filing an extension only extends the deadline for submitting the completed tax form; taxes owed are still due by the original due date, and failing to pay on time can result in penalties and interest charges.
Revoking S corporation status is immediate and requires no state notification: S corporations may decide to revoke their S status and believe the process is immediate or doesn't require informing New York State. In fact, revoking S corporation status involves specific IRS procedures and notifying New York State about the revocation and its effective date is crucial for tax purposes.
Understanding these aspects of the CT-3-S form can help ensure that S corporations comply with New York State tax laws accurately and avoid unexpected liabilities.
When completing the CT-3-S New York S Corporation Franchise Tax Return, understanding the key aspects is crucial for accuracy and compliance. Here are nine essential takeaways:
Accurate completion of the CT-3-S form ensures compliance with New York State tax laws and helps avoid potential penalties for incorrect or incomplete filings.
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