Form Nyc-113 - Unincorporated Business Tax Claim For Credit Or Refund

Form NYC-113 - 2008

Page 2

To receive proper credit, you must enter your correct

Make remittance payable to the order of:

Employer Identification Number or Social Security Num-

NYC DEPARTMENT OF FINANCE.

ber on your tax return and remittance.

Payment must be made in U.S. dollars, drawn on a U.S. bank.

RETURNS CLAIMING REFUNDS

ALL OTHER RETURNS

MAILING

NYC DEPARTMENT OF FINANCE

INSTRUCTIONS

UNINCORPORATED BUSINESS TAX

PO BOX 5050

PO BOX 5060

KINGSTON, NY 12402-5050

KINGSTON, NY 12402-5060

For tax years beginning on or after January 1, 2004, the City

E N ER A L

N F O R M ATI O N

has decoupled from certain provisions regarding the treat-

ment of SUVs. See Administrative Code sections 11-

PURPOSE OF FORM

507(21), (23) and (24) and Finance Memorandum 07-3

dated September 24, 2007 “Application of IRC §280F Lim-

Use Form NYC-113 to claim a refund or credit of Un-

its to Sport Utility Vehicles”.

incorporated Business Tax. Please note that Form

NYC-113 cannot be used to file an amended return.

The relocation and employment assistance program

(REAP) has been modified and a new REAP program

An amended New York City return must be filed within

established for Lower Manhattan, effective July 1,

90 days after filing an amended federal or New York

2003.

State return on Form NYC-202, NYC-202S, NYC-

202EZ, NYC-204 or NYC-204EZ.

FILING REQUIREMENTS FOR

If a change or correction of federal or New York State

CREDIT OR REFUND

taxable income or other tax base is made by the Inter-

1. A separate Form NYC-113 must be filed for each tax

nal Revenue Service and/or the New York State De-

period for which a credit or refund is claimed.

partment of Taxation and Finance, report the change on

Form NYC-115 (Report of Federal/State Change). Do

2. This claim must be filed within three years from the

not use Form NYC-113.

time the return was filed or two years from the time

the tax was paid, whichever expires the later, or, if

For information regarding depreciation deductions for

no return was filed, within two years from the time

property placed in service outside New York after 1984

the tax was paid. If the claim is filed within the

and before 1994, see Finance Memorandum 99-4 “De-

three-year period after filing the return, the amount of

preciation for Property Placed in Service Outside New

the credit or refund cannot exceed the portion of the

York After 1984 and Before 1994” included with these

tax paid within the three years immediately preced-

materials.

ing the filing of the claim plus the period of any ex-

The Federal bonus depreciation allowed for "qualified

tension of time for filing the return. If the claim is

property," as defined in the Job Creation and Worker

not filed within the three-year period, but is filed

Assistance Act of 2002 is not allowed for Unincorpo-

within the two-year period, the amount of credit or

rated Business Tax purposes except for such deductions

refund cannot exceed the portion of the tax paid dur-

allowed with respect to "qualified New York liberty

ing the two years immediately preceding the filing

zone property", "qualified New York liberty zone lease-

of the claim.

hold improvements" and "qualified property" placed in

3. If the period for assessing the tax has been extended

service in the Resurgence Zone (generally the area in

by agreement between the taxpayer and the Depart-

the borough of Manhattan South of Houston Street and

ment of Finance, the claim for refund or credit must

North of Canal Street.) For City tax purposes, depre-

be made within six months after the expiration of the

ciation deductions for all other "qualified property"

extended period.

must be calculated as if the property was placed in serv-

ice prior to September 11, 2001. See, Finance Memo-

4. If a timely petition for the redetermination of a defi-

randum 02-3 "New York City Tax Consequences of

ciency has been filed, no separate claim for credit or

Certain Retroactive Federal and New York Tax Law

refund need be filed for that year.

Changes" (revised) for more information.

Form Nyc-113 - Unincorporated Business Tax Claim For Credit Or Refund - 2008 Page 2

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