New York City pass-through entity tax

| 9/1/2022
New York City pass-through entity tax

Legislation amending the New York City pass-through entity tax (PTE tax) has passed both houses of the New York State Legislature and was signed by the governor on Aug. 31. The 2022 New York City PTE tax regime broadly mirrors the PTE tax regime enacted for the state and requires taxpayers to have made a New York state PTE tax election by Sept. 15, 2022, for the New York City PTE tax election to be accepted by the city.

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Following are relevant considerations for taxpayers who would be eligible to make the election:

  • The legislation applies to taxpayers required to file New York City unincorporated business tax returns and S corporations that are required to file New York City business general corporation tax returns.
  • The legislation directs partners, members, or shareholders that are taxpayers in New York City to make their 2022 individual estimated city income tax payments as if no New York City PTE tax is paid.
  • The New York City PTE tax is 3.876%.

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