Form Nyc-Uxrb - Return Of Excise Tax By Utilities

Instructions for For m NYC-UXRB

NEW YORK CITY DEPARTMENT OF FINANCE

Finance

GROSS INCOME

E N E R A L

N F O R M AT I O N

Include:

all receipts from any sale made, including receipts from the sales of

HIGHLIGHTS OF RECENT LEGISLATION

residuals and by-products (except sale of real property, securities and

The law was amended in 2009 to provide taxpayers with additional time to

noninventorial personal property) or service rendered in the City, in-

apply for a refund of the Utility Tax. For tax periods beginning on or after

cluding cash, credits and property of any kind or nature (whether or not

January 1, 2009, Utility Tax refunds may be claimed up to three years from

the sale is made or the service is rendered for profit) without any de-

the time the return is filed or two years from the time the tax is paid, the same

duction for any cost, expense or discount paid;

as the period applying to refunds of General Corporation Tax, the Unincor-

porated Business Tax, and the Bank Tax. Administrative Code section 11-

receipts from interest, dividends and royalties (other than interest and

1108(a), as amended by Chapter 201 of the Laws of 2009, section 35.

dividends received from corporations) without deduction for any ex-

pense;

Beginning January 1, 2006, metered sales of energy to tenants of certain co-

profit from the sale of real property;

operative housing corporations are exempted from the City utility tax. The

exemption applies to cooperative corporations with at least 1,500 apartments

profit from the sale of securities;

that own or operate a cogeneration facility that was in place before January

profit from the sale of non-inventoriable personal property, and

1, 2004 (or that replaces such a facility), and that make metered sales of the

gains or profits from any source whatsoever except as specifically ex-

energy produced for the development’s tenants or occupants. See Ad. Code

cluded below.

§§11-1101.25, 11-1101.26 and 11-1102(g). A return must still be filed by

the cooperative corporation using a tax rate of zero.

Do not include:

The Relocation Employment Assistance Program (REAP) has been reinstated

gross income from the operation of hotels, multiple dwellings or office

and a program granting similar benefits to businesses that relocate to lower

buildings by railroads;

Manhattan (LMREAP) has been enacted. Both the reinstatement of the REAP

rents, except those derived from facilities used in the public service, modified as

program and the enactment of the LMREAP program are effective as of July

provided in Ad. Code §11-1101.4;

1, 2003. See Administrative Code sections 11-1105.2 and 11-1105.3

gross income from sales for resale other than sales of gas, electricity,

Effective for tax periods beginning on and after August 1, 2002, entities that

steam, water or refrigeration or gas, electric, steam, water or refrigera-

receive eighty percent or more of their gross receipts from charges for the

tion service to a vendor of utility services for resale to tenants; and

provision of mobile telecommunications services to customers will be taxed

for tax periods beginning on or after August 1, 2002, the taxpayer’s dis-

as if they were regulated utilities for purposes of the New York City Utility

tributive share, if any, of income, gains, losses and deductions from any

Tax, General Corporation Tax, Banking Corporation Tax and Unincorporated

partnership subject to the NYC Utility Tax as a utility or vendor of utility

Business Tax. Thus, such entities will be subject to only the New York City

services, including its share of separately reported items. (See “UTIL-

Utility Tax. The amount of gross income subject to tax has been amended

ITY” defined below).

to conform to the Federal Mobile Telecommunications Sourcing Act of 2000.

In addition, if any such entity is a partnership, its partners will not be subject

to the New York City Utility Tax on their distributive share of the income of

SCHEDULE B

any such entity. Finally, for tax years beginning on and after August 1, 2002,

Enter all other income in Schedule B, page 2.

partners in any such entity will not be subject to General Corporation Tax,

Banking Corporation Tax or Unincorporated Business Tax on their distribu-

UTILITY

tive share of the income of any such entity. Chapter 93, Part C, of the Laws

Every person subject to the supervision of the Department of Public Service

of New York, 2002.

of the State of New York. Effective for tax periods beginning on and after

August 1, 2002, entities that receive eighty percent or more of their gross re-

Special Condition Codes

ceipts from charges for the provision of mobile telecommunications services

At the time this form is being published, there are no special condition codes

to customers will be taxed as if they were subject to the supervision of the

for tax year 2013. Check the Finance website for updated special condition

Department of Public Service of the State of New York and will not be con-

codes. If applicable, enter the two character code in the box provided on the

sidered vendors of utility services.

form.

IMPOSITION/BASIS/RATE OF TAX

SCHEDULE A - COMPUTATION OF GROSS INCOME

The tax is imposed on every utility for the privilege of exercising a franchise

Enter in line 1b all gross income, without any deductions, derived from pas-

or franchises, holding property or doing business in New York City.

senger revenue wholly earned within the territorial limits of the City.

A utility is taxable on gross income as defined above. The chart below pro-

Only Limited Fare Omnibus Companies as defined by Section 11-

vides the rates.

1101.10 of the NYC Administrative Code, must report revenue from

commuter services in line 1a. Commuter services is defined as mass trans-

CLASS

RATE

portation service (exclusive of limited stop service to airports, racetracks or

any other place where entertainment, amusement, or sports activities are held

Omnibus operators subject to Department of Public

or where recreational activities are supplied) provided pursuant to a franchise

Service supervision

1.17% of gross income

.........................................................

with, or consent of, the City of New York. Limited Fare Omnibus Companies

Limited fare omnibus operators - commuter service only 00.1% of gross income

must report all other passenger revenue in line 1b. Report other gross in-

Railroads

3.52% of gross income

..........................................................................

come, without any deductions, from transportation and other than transporta-

All other utilities

2.35% of gross income

...............................................................

tion in the appropriate lines in Schedule A.

Lines 19, 20 and 21

Multiply the amount on line 18 by the rate given on line 19, 20 or 21,

whichever is appropriate.

Form Nyc-Uxrb - Return Of Excise Tax By Utilities - 2014 Page 3

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