Form Nys-1-I - Instruction - Return Of Tax Withheld

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New York State Department of Taxation and Finance
NYS-1-I
Instructions for Form NYS-1
(1/05)
Return of Tax Withheld
precedes the previous calendar year, you must file Form NYS-1 and
General information
remit the tax you withheld within three business days following the
Form NYS-1, Return of Tax Withheld , is used to remit to New York State
payroll that caused the total accumulated tax withheld to equal or
the personal income taxes that you have withheld from your employees’
exceed $700. If you were required to withhold less than $15,000 during
wages or from certain other payments (for example, pensions). Under
that year, you must file Form NYS-1 and remit the tax withheld within
the state and city tax laws, an employer must withhold taxes from
five business days.
wages paid to employees in accordance with prepared tax tables or
If you are a higher education organization (according to 20 NYCRR
other approved methods. No unemployment insurance contributions
2396.2(f)) or a health care provider (according to 20 NYCRR 2396.2(j)),
can be remitted with Form NYS-1.
you are eligible to file Form NYS-1 and remit the tax withheld within five
See Publications NYS-50, Employer’s Guide to Unemployment
business days of the payroll in which the tax withheld equals or
Insurance, Wage Reporting, and Withholding Tax, and NYS-50-T,
exceeds $700, regardless of the amounts withheld in prior years.
New York State , City of New York, and City of Yonkers Withholding Tax
The Tax Department will notify you of any change to your filing due
Tables and Methods , for more information.
date (three or five business days after the payroll) based on our record
The employer is not relieved of the obligation to withhold even if an
of your total tax withheld.
employee pays tax on wages directly with an estimated income tax
New employers will be permitted to file within five business days until
payment voucher (or in any other manner).
notified otherwise by the Tax Department.
Obtaining forms
Final return
You will be issued Forms NYS-1 preprinted with your identification
number and name. The use of preprinted returns facilitates accurate
If you permanently discontinue your business or permanently cease
processing and crediting of your account.
paying wages, you must indicate on the last Form NYS-1 you file that it
is the final return by entering the date of the final payroll in item B. In
If you have not received your preprinted Form NYS-1 returns, or the
addition, you must file a final Form NYS-45 within 30 days of the date of
returns have been lost or damaged, you should obtain official
the final payroll. You must complete columns a, b, c, d, and e of Part C
preprinted Form NYS-1 returns by calling 1 800 462-8100. The call is
on your final Form NYS-45 or Form NYS-45-ATT, Quarterly Combined
toll free from anywhere in the U.S. and Canada. If you are unable to
Withholding, Wage Reporting and Unemployment Insurance Return -
contact us at this number, use the general taxpayer assistance
Attachment (see the instructions for Form NYS-45).
numbers 1 800 225-5829 or (518) 485-6800 (from areas outside the
U.S. and outside Canada). The general taxpayer assistance numbers
Change of business information
are available if you need information on any tax, including withholding
If there has been a change in your withholding tax mailing address,
tax. You can also obtain forms from the Tax Department’s Web site
mark an X in the address change box on the front of Form NYS-1 and
at or from our fax-on-demand system by calling
enter the new address in the space provided on the back of the form.
1 800 748-3676.
See Indicate address change or new employer on the back page of
Failure to obtain Form NYS-1 will not be deemed reasonable cause for
these instructions.
failure to file and pay tax withheld.
If there have been changes to other business information (for example,
Filing requirements
business name, identification number, telephone number, etc.), you
must complete and submit Form DTF-95, Business Tax Account
Every employer paying wages must file a return and pay the New York
Update . To change only your physical or paid preparer address, you
State, city of New York, and city of Yonkers taxes required to be
may file Form DTF-96, Report of Address Change for Business Tax
withheld. A payer of certain other payments (for example, pensions) will
Accounts . See Obtaining forms above if you need a form.
be subject to the same remitting and reporting requirements as
employers if the payee has requested withholding for New York State,
Specific instructions
New York City, or Yonkers income tax by filing Form IT-2104-P,
Annuitant’s Request for Income Tax Withholding. The period covered by
Use preprinted Forms NYS-1, and verify your identification number and
each return must correspond to each liability period as defined by your
legal name. If you need additional preprinted forms, see Obtaining
payroll schedule and amounts withheld.
forms above. However, if you are unable to obtain the authorized
If you are required to withhold $700 or more during a calendar quarter,
preprinted forms timely, and you use a form that is not preprinted
(Form NYS-1-MN), enter your federal employer identification number
you must use Form NYS-1. If you are required to withhold less than
(EIN) (with NYS suffix, if any), your assigned check digit (the single
$700 during a calendar quarter, you do not need to file Form NYS-1;
you should remit taxes required to be withheld with Form NYS-45,
digit that follows your identification number), and legal name in the
spaces provided.
Quarterly Combined Withholding, Wage Reporting and Unemployment
Insurance Return (see the instructions for Form NYS-45).
You may notice that Form NYS-1 is designed to let the Tax Department
use the latest scanning and image-processing equipment; please file an
Filing frequency
original form, not a photocopy. To facilitate accurate scanning of your
You must file Form NYS-1 and remit the total tax withheld after each
Form NYS-1, please print or type in black ink all X marks and money
payroll that causes the total accumulated tax required to be withheld to
amounts in the spaces provided. Entries made with pencil are not
equal or exceed $700. If you have more than one payroll within a
acceptable. Please write your numbers like this:
week (Sunday through Saturday), you are not required to file until
after the last payroll in the week. However, when a calendar quarter
ends between payrolls paid within a week, any accumulated tax
required to be withheld of at least $700 must be remitted with
Form NYS-1 after the last payroll in the quarter.
Item A
Enter the month, day, and year (MMDDYY) of the last payroll for the
If you have filed at least once during the calendar quarter, and have an
time period being reported on this Form NYS-1. This should be the
unremitted balance of tax withheld that is less than $700 after the last
actual date on which the payroll was made to your employees.
payroll of the quarter, you may remit this amount with your
Form NYS-45 instead of with Form NYS-1 (see the instructions for
Item B
Form NYS-45).
If you have permanently ceased paying wages (you no longer pay
When returns are due
wages or the business no longer exists), enter the month, day, and year
Filing due dates are based on amounts withheld in prior years. If you
(MMDDYY) of the last payroll from which tax was withheld. You must
were required to withhold $15,000 or more for the calendar year that
also file a final Form NYS-45 within 30 days of this date. See Final
return, above.

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