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CT-3/4-I (2006) Page 3 of 29

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gross rentals from the rental of property purchased or leased from its

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Exception: excluded corporation — Notwithstanding the above rules,

stockholders; or

QSSS treatment is not allowed unless both parent and QSSS are

general business corporations. That is, the corporations must file on a

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total receipts, other than sales or rentals, from its stockholders.

stand-alone basis if one is an Article 9-A taxpayer but the other is an

Taxable DISCs are DISCs that do not meet the 5% test under Tax-exempt

Article 9, 32, or 33 taxpayer, or is a corporation which would be subject

DISCs. Taxable DISCs must file Form CT-3 on or before the 15th day of the

to such taxes if taxable in New York State.

ninth month after the end of the tax year. Such a DISC is subject to the tax

Where New York State follows federal QSSS treatment, the QSSS is not

on allocated capital or the fixed dollar minimum, whichever is larger, plus a

considered a subsidiary of the parent corporation.

tax on subsidiary capital. Write DISC after the name of the corporation in the

address section of the return.

A foreign QSSS authorized to do business in New York State, whose

activities are being included in the parent’s return, must file Form CT-245

Form CT-3M/4M, General Business Corporation MTA Surcharge

and pay the maintenance fee.

Return,

must be filed by any corporation taxable under Article 9-A that

does business, employs capital, owns or leases property, or maintains an

Form CT-186-E or the short Form CT-186-EZ,

office in the Metropolitan Commuter Transportation District (MCTD). The

Telecommunications Tax Return and Utility Services Tax

MCTD includes the counties of New York, Bronx, Kings, Queens, Richmond,

Return,

must be filed by a corporation that provides telecommunication

Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester.

services. The corporation must pay an excise tax on its gross receipts from

Form CT-8, Claim for Credit or Refund of Corporation Tax

the sale of telecommunication services under Article 9, section 186-e.

Paid.

Use an amended return or Form CT-8 to request a refund other than

Form CT-222, Underpayment of Estimated Tax by a

an overpayment. To speed up processing of the claim, mail it separately

Corporation.

Use this form to determine if you have underpaid an

from your annual returns. You must file a claim for refund based on a net

estimated tax installment and, if so, compute the penalty due.

operating loss (NOL) carryback within three years of the extended due

date of the return for the loss year, or within 27 months from the date of the

Form CT-240, Foreign Corporation License Fee Return.

federal credit or refund. You must file a refund based on a federal change

corporation organized outside New York State (a foreign corporation) must

within two years from the date the federal change was required to be

file Form CT-240 to pay the license fee based on capital stock. You must

reported. All other claims for refunds must be received within three years

file this return when you file your first franchise tax return, or if capital stock

from the date the return was filed, or two years from the date the tax was

employed in New York State has increased since you filed the last license

paid, whichever is later.

fee return.

Form CT-9, Claim for Tentative Refunds Based Upon Carryback

Form CT-399, Depreciation Adjustment Schedule.

You must file

of Net Operating Loss.

All general business corporations requesting

this form to compute the allowable New York State depreciation deduction

refunds based on NOL carrybacks may use an amended return or

if you claim: 1) the federal accelerated cost recovery system (ACRS)

Form CT-9. Returns that are the basis for these refunds will be subject

depreciation or modified accelerated cost recovery system (MACRS)

to review after the refunds have been processed. You must file the claim

deduction for certain property placed in service after December 31, 1980;

within 90 days after the receipt of the federal refund. Federal S corporations

or 2) the 30%/50% federal special depreciation for certain qualified property

must file a claim within 15 months from the end of the loss year. For a full

placed in service on or after June 1, 2003, in tax years beginning after

description of the limitation and requirements, see Form CT-9-I, Instructions

December 31, 2002.

for Form CT-9.

This form also contains schedules for determining a New York State gain or

loss on the disposition of ACRS/MACRS property and property for which you

Form CT-33-D, Tax on Premiums Paid or Payable to an

claimed the 30%/50% federal special depreciation. Use it also to compute

Unauthorized Insurer.

You must file this form if you have purchased

the depreciation deduction for the minimum taxable income (MTI) base.

or renewed a taxable insurance contract from an insurer not authorized

Form CT-400, Estimated Tax for Corporations.

to transact business in New York State. You must file this return within 60

You must file

days following the end of the calendar quarter in which the contract was

this form if your New York State franchise tax liability can reasonably be

purchased or renewed.

expected to exceed $1,000.

Form CT-3360, Federal Changes to Corporate Taxable Income.

Form CT-60-QSSS, Qualified Subchapter S Subsidiary

You must file this form to report any correction made by the Internal

Information Schedule.

You must file this form to notify the

Revenue Service (IRS) in taxable income previously reported for any year,

Tax Department that a qualified subchapter S subsidiary (QSSS) is included

including changes based on the renegotiation of a government contract.

in your return. Remember to mark an X in the line C box on page 1 of

Form CT-4 or CT-3, and attach Form CT-60-QSSS to either your Form CT-4

Form IT-204-LL, Limited Liability Company/Limited Liability

or CT-3.

Partnership Filing Fee Payment Form.

For tax years beginning in

2005 and 2006, LLCs that have income derived from New York sources and

Qualified subchapter S subsidiary (QSSS)

are treated as disregarded entities for federal income tax purposes must pay

The filing requirements for a QSSS that is owned by a federal S corporation

a filing fee using this form. You must file Form IT-204-LL within 30 days after

that is a New York C corporation or a nontaxpayer corporation are outlined

the last day of the tax year.

below. Where New York State follows federal QSSS treatment, the parent

Form DTF-664, Tax Shelter Disclosure for Material Advisors,

and QSSS file a single franchise tax return. The QSSS is ignored as a

has been developed to assist material advisors in complying with New York

separate taxable entity, and the assets, liabilities, income, and deductions

State’s disclosure requirements.

of the QSSS are included on the parent’s franchise tax return. However,

for other taxes, such as sales and excise taxes, and the license and

Form DTF-686, Tax Shelter Reportable Transactions

maintenance fees imposed under Article 9, the QSSS continues to be

Attachment to New York State Tax Return,

has been developed to

recognized as a separate corporation.

assist taxpayers and persons in complying with New York State’s disclosure

requirements.

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Parent is a New York C corporation — New York State follows the

Reporting requirements for tax shelters — The Tax Law requires

federal QSSS treatment if (1) the QSSS is a New York State taxpayer; or

taxpayers to report information about transactions that present the

(2) the QSSS is not a New York State taxpayer but the parent makes a

potential for tax avoidance (tax shelters). There are separate reporting

QSSS inclusion election. In both cases, the parent and QSSS are taxed

requirements for those who use tax shelters and for those who promote

as a single New York C corporation, and file Form CT-3 or CT-4. If the

the use of tax shelters. These reporting requirements are similar to the

parent does not make a QSSS inclusion election, it files Form CT-3 or

tax shelter disclosure requirements for federal income tax purposes. For

CT-4 as a New York C corporation on a stand-alone basis.

more information, see TSB-M-05(2)C (for business taxes) or TSB-M-05(4)I

Nontaxpayer parent — New York State follows the federal QSSS

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(for personal income tax), Disclosure of Certain Transactions and Related

treatment where the QSSS is a New York State taxpayer but the parent

Information Regarding Tax Shelters; TSB-M-05(2.1)C (for business

is not, if the parent elects to be taxed as a New York S corporation by

taxes) or TSB-M-05(4.1)I (for personal income tax), Supplement to the

filing Form CT-6. The parent and QSSS are taxed as a single New York

Disclosure of Certain Transactions and Related Information Regarding Tax

S corporation, and file Form CT-3-S. If the parent does not elect to be a

Shelters; and TSB-M-05(2.2)C (for business taxes) or TSB-M-05(4.2)I (for

New York S corporation, the QSSS must file as a New York C corporation

personal income tax), Additional Supplement to the Disclosure of Certain

on a stand-alone basis on Form CT-3 or CT-4.

Transactions and Related Information Regarding Tax Shelters.

Form Ct-3/4-I - Instructions For Forms Ct-4, Ct-3, And Ct-3-Att - General Business Corporation Franchise Tax Returns - 2006 Page 3

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