Looking for a New York State Tax Forms And Templates? Download it for free!

CT-245-

New York State Department of Taxation and Finance

Instructions for Form CT-245

Maintenance Fee and Activities Return

For a Foreign Corporation Disclaiming Tax Liability

Tax Law — Article 9, Section 181.2

A Qualiﬁed Subchapter S Subsidiary (QSSS) incorporated

–

Important reminder to ﬁle a complete return: You must

outside New York State and authorized to do business in

complete all required schedules and forms that make

New York State that is included in the parent corporation’s

up your return, and include all pages of those forms

return.

and schedules when you ﬁle. Returns that are missing

–

Any business incorporated outside New York State having an

required pages or that have pages with missing entries are

employee (including any ofﬁcer) in this state and disclaiming tax

considered incomplete and cannot be processed, and may

liability. (Employees are considered to be working in this state if

subject taxpayers to penalty and interest.

they come into New York State on corporate business.)

–

Foreign banking corporations described in section 1452(a)(9) of

Up-to-date information affecting your 2005 tax return

Article 32.

Visit the Corporation Tax Up-To-Date Information for 2005 page on our

Foreign banking corporations described in sections 1452(a)(2)

Web site for Tax Law changes or forms corrections that occurred after

through 1452(a)(8) of Article 32, insurance corporations, and limited

the forms and instructions were printed (see Need help? on page 3).

liability companies, limited liability partnerships, and publicly traded

partnerships taxed as corporations under the Internal Revenue

New for 2005

Code that are authorized to do business in New York State are not

required to ﬁle Form CT-245.

Third-party designee

Annual maintenance fee

If you want to authorize another person (third-party designee)

to discuss your 2005 tax return with the New York State Tax

Foreign corporations, except those listed in the last paragraph of

Department, mark an X in the Yes box in the Third-party designee

the above section, that are authorized to do business in New York

area of your return. Also, enter the designee’s name, phone

State must pay an annual maintenance fee of $300.

number, and any ﬁve-digit number the designee chooses as his or

her personal identiﬁcation number (PIN). If you want to authorize

Make your payment in United States funds. A foreign check or

the paid preparer who signed your return to discuss the return with

foreign money order will only be accepted if payable through a

the Tax Department, enter Preparer in the space for the designee’s

United States bank or if marked Payable in U.S. funds.

name. You do not have to provide the other information requested.

Failure to pay the annual maintenance fee may result in the

If you mark the Yes box, you are authorizing the Tax Department to

annulment of the corporation’s authority to do business in New York

discuss with the designee any questions that may arise during the

State (Article 9, section 203-b).

processing of your return. You are also authorizing the designee to:

Form CT-245 should not be ﬁled by a foreign corporation that ﬁles a

• give the Tax Department any information that is missing from

New York State franchise tax return under Article 9, 9-A, or 32. The

your return;

maintenance fee is allowed as a credit against the tax due on the

• call the Tax Department for information about the processing of

franchise tax return.

your return or the status of your refund or payment(s); and

Short periods — reduced maintenance fee

• respond to certain Tax Department notices that you shared with

The Tax Law allows a reduction of the maintenance fee for periods

the designee about math errors, offsets, and return preparation.

of 9 months or less:

The notices will not be sent to the designee.

Period

Maintenance

You are not authorizing the designee to receive your refund check,

Fee Due

bind you to anything (including any additional tax liability), or

6 months or less ................................................ $150

otherwise represent you before the Tax Department. If you want

More than 6 months, but not more than 9

the designee to perform those services for you, you must ﬁle

months ........................................................... $225

Form POA-1, Power of Attorney, making that designation with the

The full amount of the maintenance fee is

Tax Department. Copies of statutory tax notices or documents

due for periods of more than 9 months .......... $300

(such as a Notice of Deﬁciency) will only be sent to your designee if

you ﬁle Form POA-1.

When to ﬁle

You cannot revoke the third-party designee authorization or change

File this return within 2½ months after the end of your annual

the PIN. However, the authorization will automatically end on the

reporting period. New York State Tax Law does not provide for an

due date (without regard to extensions) for ﬁling your 2006 tax

extension of time to ﬁle Form CT-245.

return.

Where to ﬁle

Your refund or overpayment may be applied against

Mail returns to: NYS Corporation Tax, Processing Unit,

outstanding tax debts owed to other states

PO Box 22038, Albany NY 12201-2038. If you use a delivery

Due to a recent law change, your refund or overpayment may

service other than the U.S. Postal Service, see Private delivery

be reduced by amounts of outstanding tax debts owed to other

services below.

states. The Commissioner of Taxation and Finance may enter

Private delivery services

into a reciprocal agreement with other states to offset a New York

tax refund or overpayment against tax liabilities owed to other

If you choose, you may use a private delivery service, instead of

states, provided those other states agree to offset overpayments

the U.S. Postal Service, to ﬁle your return and pay tax. However,

due their taxpayers against tax debt owed to New York. For more

if, at a later date, you need to establish the date you ﬁled your

concerning these changes, see Collection of debts from your

return or paid your tax, you cannot use the date recorded by a

refund or overpayment on page 2 and TSB-M-05(3)C, Summary of

private delivery service unless you used a delivery service that

Corporation Tax Legislative Changes Enacted in 2005.

has been designated by the U.S. Secretary of the Treasury or the

Commissioner of Taxation and Finance. (Currently designated

Who must ﬁle

delivery services are listed in Publication 55, Designated Private

Delivery Services. See Need help? on page 3 of these instructions

–

Any business incorporated outside New York State that is

for information on ordering forms and publications.) If you have

authorized to do business in New York State and wishes to

used a designated private delivery service and need to establish

disclaim tax liability.

Instructions For Form Ct-245 - Maintenance Fee And Activities Return For A Foreign Corporation Disclaiming Tax Liability - 2005

Related Articles

Related forms

Related Categories