Form Dtf-664 - Tax Shelter Disclosure For Material Advisors

DTF-664 (2015) (back)

When to file

Aggregate material advisor’s fees – Enter the aggregate amount

of fees that may be received by organizers of the tax shelter and any

Form DTF-664 and the accompanying duplicate statement or return

person related to such person under IRC sections 267 and 707. For

must be filed with the Commissioner of Taxation and Finance by

this purpose, the fees from all substantially similar transactions are

whichever of the following dates occurs last:

considered part of the same tax shelter and must be aggregated. The

• 60 days from the date required for filing the statement or return with

fees include all consideration such persons may receive, including

the IRS,

contingent fees, equity interests, and fees for other transactions received

as consideration for promoting the tax shelter.

• 60 days from the date that any of the conditions (A, B, C, or D)

described under Who must file first applies; or

Tax shelter information

• September 9, 2005.

Type of business organization – Mark an X in the box that describes

Where to file

the tax shelter organization or structure. If you mark an X in the Other

box, specify the type of organization or structure in the space provided.

Mail Form DTF-664 and a copy of federal Form 8918 to:

NAICS business code number – Enter the six-digit code for the

NYS TAX DEPARTMENT

principal business activity of the tax shelter as reported on the federal

TAX SHELTER DISCLOSURE

return filed by the tax shelter.

PO BOX 22104

ALBANY NY 12201-2104

If more than one federal Form 8918 is attached, include a listing showing

type of business organization and NAICS business code number for

If you are using a private delivery service, see Private delivery services

each tax shelter that is being disclosed.

for more information.

Private delivery services – If you choose, you may use a private

Paid preparer’s signature

delivery service, instead of the U.S. Postal Service, to mail in your form

If you pay someone to prepare your form, the paid preparer must also

and tax payment. However, if, at a later date, you need to establish the

sign it and fill in the other blanks in the paid preparer’s area of your form.

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

A person who prepares your form and does not charge you should not fill

private delivery service unless you used a delivery service that has been

in the paid preparer’s area.

designated by the U.S. Secretary of the Treasury or the Commissioner of

Paid preparer’s responsibilities – Under the law, all paid preparers

Taxation and Finance. (Currently designated delivery services are listed

must sign and complete the paid preparer section of the form. Paid

in Publication 55, Designated Private Delivery Services. See Need help?

preparers may be subject to civil and/or criminal sanctions if they fail to

for information on obtaining forms and publications.) If you have used

complete this section in full.

a designated private delivery service and need to establish the date

you filed your form, contact that private delivery service for instructions

When completing this section, enter your New York tax preparer

on how to obtain written proof of the date your form was given to the

registration identification number (NYTPRIN) if you are required to

delivery service for delivery. If you use any private delivery service,

have one. If you are not required to have a NYTPRIN, enter in the Excl.

whether it is a designated service or not, send the forms covered by

code box one of the specified 2-digit codes listed below that indicates

these instructions to: NYS Tax Department, Tax Shelter Disclosure,

why you are exempt from the registration requirement. You must enter

90 Cohoes Ave, Green Island NY 12183-1515.

a NYTPRIN or an exclusion code. Also, you must enter your federal

preparer tax identification number (PTIN) if you have one; if not, you

Additional reporting requirements for material

must enter your social security number.

advisors

Every person (material advisor) who is required to maintain a list of

Code Exemption type

persons pursuant to IRC section 6112, must maintain a duplicate of this

list if any of the conditions (A, B, C, or D) described under Who must file

Attorney

Employee of attorney

applies to this person. The material advisor must furnish a copy of the

CPA

Employee of CPA

list to the Commissioner of Taxation and Finance within 20 days after

PA (Public Accountant)

Employee of PA

written request is made for the list.

Exception: If a material advisor required to maintain a duplicate of the

Enrolled agent

Employee of enrolled agent

list of persons maintained pursuant to IRC section 6112 has designated

Volunteer tax preparer

Employee of business

one person as the designated material advisor for federal income tax

preparing that business’

purposes (a designation agreement) to maintain the list, or a portion

return

of the list, and the designated material advisor has elected collective

disclosure of Form DTF-664, the designated material advisor must

See our Web site for more information about the tax preparer registration

maintain the duplicate list. The designated material advisor must furnish

requirements.

a copy of the list to the Commissioner of Taxation and Finance within

20 days after written request for the list is made.

Need help?

Additional tax shelter recordkeeping requirements

Every person required by Tax Law section 25 to disclose any transaction,

Visit our Web site at

file any duplicate return, or maintain any list, must retain all relevant

correspondence, memoranda, notes, valuation studies, meeting minutes,

(for information, forms, and online services)

spreadsheets, models, opinions, records required to be retained

Corporation Tax Information Center:

(518) 485-6027

pursuant to IRC section 6011, and all other records or documents related

to the disclosure, filing, and list maintenance requirements of Tax Law

Personal Income Tax Information Center: (518) 457-5181

section 25 for six years. The information must be made available for

inspection in connection with any examination.

Privacy notification – New York State Law requires all government

Specific instructions

agencies that maintain a system of records to provide notification of the

Enter the material advisor’s name, address, telephone number, and

legal authority for any request, the principal purpose(s) for which the

employer identification number or social security number.

information is to be collected, and where it will be maintained. To view

this information, visit our Web site, or, if you do not have Internet access,

call and request Publication 54, Privacy Notification. See Need help? for

the Web address and telephone number.

664002150094

Form Dtf-664 - Tax Shelter Disclosure For Material Advisors - 2015 Page 2

Related Articles

Related forms

Related Categories