Form Ct-6.1 - Termination Of Election To Be Treated As A New York S Corporation (Page 2 of 2) in pdf

Page 2 of 2 CT-6.1 (8/11)

Instructions

Column D — Each shareholder listed in column A must signify

General information

consent to the termination or revocation by signing their name

in column D or by signing their name on a separate consent

A corporation that made the election to be treated as a New

statement, as described in Continuation sheet or separate

York S corporation on Form CT-6, Election by a Federal

consent statement.

S Corporation to be Treated As a New York S Corporation,

must file Form CT-6.1 to terminate the election. Specifically,

If a married couple has a community interest in the stock or

Form CT-6.1 is used to report:

the income from it, both spouses must consent. Similarly, each

tenant in common, joint tenant, or tenant by the entirety must

— the termination of the corporation’s taxation as a New York

also consent.

S corporation under the corporate tax law (Article 9-A or 32); and

— the termination of the shareholder’s election to include his or

A minor’s consent is made by the minor or the legal guardian.

her share of the New York S corporation’s items of income,

If no legal guardian has been appointed, the natural guardian

loss, and deductions under the personal income tax law

makes the consent (even if a custodian holds the minor’s stock

(Article 22) or as unrelated business income for Article 13

under a law patterned after the Uniform Gifts to Minors Act).

taxpayers.

An Article 13 shareholder’s consent is made by an elected

officer or other authorized person.

When termination occurs

Signature

An election to treat the corporation as a New York S corporation

will cease to be effective:

The election must be certified by the president, vice president,

treasurer, assistant treasurer, chief accounting officer, or other

— on the day the federal election to be treated as an

officer authorized by the taxpayer corporation.

S corporation ceases; or

— where shareholders owning more than 50% of the shares of

The election of an association, publicly traded partnership, or

stock revoke the New York S election, on the date specified

business conducted by a trustee or trustees must be signed by

under Revocation of election; or

a person authorized to act for the association, publicly traded

partnership, or business.

— on the day a person who refuses to consent to the New York

S corporation treatment becomes a new shareholder.

If an outside individual or firm prepared the election, all

applicable entries in the paid preparer section must be

Note: When the termination date is other than the first day of a tax

completed, including identification numbers (see Paid preparer

year, the corporation will be considered a New York S corporation

identification numbers in Form CT-1). Failure to sign the election

from the first day of the tax year to the day immediately preceding

will delay the processing of any refunds and may result in

the termination day and a New York C corporation from the

penalties.

termination day to the last day of the tax year.

Revocation of election

Where to file

The revocation is effective:

Mail Form CT-6.1 to:

NYS TAX DEPARTMENT

CORPORATION TAX REGISTRATION

— on the first day of the tax year, if Form CT-6.1 is filed on or

before the fifteenth day of the third month of the tax year; or

W A HARRIMAN CAMPUS

ALBANY NY 12227

— on the first day of the following tax year if Form CT-6.1 is filed

after the fifteenth day of the third month of the tax year; or

Private delivery services

— on the date specified, if Form CT-6.1 specifies a date on or

If you choose, you may use a private delivery service, instead of

after the date it is filed.

the U.S. Postal Service, to mail in your form and tax payment.

However, if, at a later date, you need to establish the date you

Note: In order for the revocation to be valid, the shareholders

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

revoking the New York S election must own more than 50%

a private delivery service unless you used a delivery service

of the shares of stock in the S corporation on the day the

that has been designated by the U.S. Secretary of the Treasury

revocation is made.

or the Commissioner of Taxation and Finance. (Currently

designated delivery services are listed in Publication 55,

Specific instructions

Designated Private Delivery Services. See Need help? for

information on obtaining forms and publications.) If you have

Enter the legal name of the corporation exactly as it appears

used a designated private delivery service and need to establish

in the records of the New York State Department of State.

the date you filed your form, contact that private delivery

Enter the DBA or trade name that appears on the Certificate

service for instructions on how to obtain written proof of the

of Assumed Name filed with the New York State Department of

date your form was given to the delivery service for delivery.

State.

Need help? and Privacy notification

Continuation sheet or separate consent statement — If you

See Form CT-1, Supplement to Corporation Tax Instructions.

need a continuation sheet or use a separate consent statement,

attach it to Form CT-6.1. The separate consent statement must

contain the name, address, and employer identification number

of the corporation and the shareholder information requested in

columns A through D.

Column A — If this is a revocation, enter the name and address

of each shareholder consenting to the revocation who owned

shares of stock in the corporation at the time of revocation. If

this is a new shareholder refusal, enter the name and address of

the new shareholder.

Column B — Enter the social security number or employer

identification number of each shareholder listed in column A.

Column C — Enter the number of shares of stock owned and

the date the shares of stock were acquired by each shareholder

listed in column A.

Form Ct-6.1 - Termination Of Election To Be Treated As A New York S Corporation Page 2

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