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Page 2 of 3 CT-245-

(2005)

the date you ﬁled your return, contact that private delivery service

or whether you owe a New York City tax warrant judgment debt,

for instructions on how to obtain written proof of the date your return

contact the state agency, the other state, or the New York City

was given to the delivery service for delivery. If you use any private

Department of Finance.

delivery service, whether it is a designated service or not, address

For New York State tax liabilities only, call 1 800 835-3554 (from

your return to: State Processing Center, 431C Broadway, Albany

areas outside the U.S. and outside Canada, call (518) 485-6800)

NY 12204-4836.

or write to: NYS Tax Department, Tax Compliance Division,

Reporting period

W A Harriman Campus, Albany NY 12227.

Your tax year for New York State must be the same as your federal

For New York City liabilities only, call (212) 232-3550.

tax year. Use this tax return for both calendar and ﬁscal tax years

beginning in 2005, and for short periods beginning in 2006 and

Foreign corporations subject to tax under Article 9

ending before December 31, 2006. Complete the beginning and

or 9-A and not required to ﬁle the maintenance fee

ending tax period boxes in the upper right corner on the front of the

form.

return

A business incorporated outside New York State is subject to

NAICS business code number

franchise tax if it:

Enter the six digit NAICS business activity code number from your

–

does business in New York State;

federal return.

–

employs capital in New York State;

–

owns or leases property in New York State; or

Interest

–

maintains an ofﬁce in New York State.

If you do not pay the maintenance fee on or before the due

The term doing business includes all activities that occupy the time

date of the return, you must pay interest on the amount of the

underpayment from the due date to the date paid (see Note below).

or labor of people for proﬁt. Regardless of the nature of its activities,

a corporation organized for proﬁt and carrying out any activities for

Late ﬁling and late payment — additional charges

that purpose is deemed to be doing business and subject to the tax.

It is immaterial whether its activities result in a proﬁt or loss.

Corporations required to pay the maintenance fee will be subject

to the penalties for late ﬁling and late payment imposed under

The term employing capital includes any use of assets in

section 1085 of Article 27.

maintaining or aiding the corporate enterprise or activity in

New York State.

Additional charges for late ﬁling and late payment are computed on

the amount of the maintenance fee less any payment made on or

before the due date.

Foreign banking corporations subject to tax under

Article 32 and not required to ﬁle the maintenance

A. If you do not ﬁle a return when due, add 5% (.05) per month

to the maintenance fee, up to a maximum of 25% (.25)

fee return (except section 1452(a)(9) corporations)

(section 1085(a)(1)(A)).

A foreign banking corporation or association described in

B. If you do not ﬁle a return within 60 days of the due date, the

sections 1452(a)(2)-(8) of Article 32 that is doing business in

addition to the maintenance fee in item A above cannot be less

New York State in a corporate or organized capacity, and is

than the smaller of $100 or 100% of the amount required to be

organized under the laws of the United States or the laws of any

shown as the maintenance fee (section 1085(a)(1)(B)).

other state or country, is subject to a franchise tax under Article 32,

but not the maintenance fee under section 181.

C. If you fail to pay the maintenance fee shown on the return, add

½% (.005) per month to the maintenance fee, up to a maximum

Only foreign banking corporations described in section 1452(a)(9)

of 25% (.25) (section 1085(a)(2)).

of Article 32 are subject to the maintenance fee and activities return

D. The total of the additional charges in items A and C above may

(Form CT-245).

not exceed 5% (.05) in any one month, except as provided for in

item B above (section 1085(a)).

Activities deemed insufﬁcient to subject a foreign

If you think you are not liable for these additional charges, attach a

corporation to tax under Article 9, 9-A, or 32

statement to your return explaining the delay in ﬁling, payment, or

(section 209.2(f))

both (section 1085).

A corporation is not considered to be doing business, employing

capital, owning or leasing property, or maintaining an ofﬁce in

Note: You may compute your penalty and interest by accessing

New York State because of one or more of the following activities:

our Web site and clicking on Electronic Services, or you may call

–

the maintenance of cash balances with banks or trust

and we will compute the interest and penalty for you (see Need

companies in New York State;

help? on page 3).

–

the ownership of shares of stock or securities kept in New York

State in a rented safe deposit box, safe, or vault, if pledged

Collection of debts from your refund or

as collateral security, or deposited in safekeeping or custody

overpayment

accounts with banks, trust companies, or brokers who are

members of a recognized security exchange;

We will keep all or part of your refund or overpayment if you owe a

past-due, legally enforceable debt to a New York State agency, or to

–

any action by a bank, trust company, or broker that is incidental

another state, or if you owe a New York City tax warrant judgment

to the rendering of safekeeping or custodial service to the

debt. If we keep your refund or overpayment, we will notify you.

corporation;

–

the maintenance of an ofﬁce in this state by one or more

A New York State agency includes any state department, board,

ofﬁcers or directors of the corporation who are not corporation

bureau, division, commission, committee, public authority, public

employees;

beneﬁt corporation, council, ofﬁce, or other entity performing

a governmental or proprietary function for the state or a social

–

the keeping of a corporation’s books or records in New York

services district. We will refund or apply as an overpayment any

State by someone other than an employee of the corporation; or

amount over your debt.

–

the use of a non-afﬁliated fulﬁllment service or the ownership of

property stored on the premises of such fulﬁllment service (see

If you have any questions about whether you owe a past-due,

TSB-M-98(7)C, 1998 Summary of Corporation Tax Legislative

legally enforceable debt to a state agency, or to another state,

Changes).

Instructions For Form Ct-245 - Maintenance Fee And Activities Return For A Foreign Corporation Disclaiming Tax Liability - 2005 Page 2

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