Form Nyc-Uxp - Return Of Excise Tax By Utilities For Use By Utilities Other Than Railroads, Bus Companies, And Other Common Carriers Page 3

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Instructions for For m NYC-UXP
NEW YORK CITY DEPARTMENT OF FINANCE
TM
IMPORTANT INFORMATION CONCERNING FORM NYC-200V AND PAYMENT OF TAX DUE
Department of Finance
Payments may be made on the NYC Department of Finance website at
, or via check or money order. If paying with check or money order, do not
nyc.gov/eservices
include these payments with your New York City return. Checks and money orders must be accompanied by payment voucher form NYC-200V and sent to the address
G
I
on the voucher. Form NYC-200V must be postmarked by the return due date to avoid late payment penalties and interest. See form NYC-200V for more information.
limits of NYC. (See first bulleted item under “Gross Income” for a
E N E R A L
N F O R M AT I O N
discussion of what income from mobile telecommunications is
deemed to be from business conducted wholly within the City.)
HIGHLIGHTS OF RECENT LEGISLATION
Enter all other gross income in Schedule B, page 2.
The law was amended in 2009 to provide taxpayers with additional time to
GROSS INCOME
apply for a refund of the Utility Tax. For tax periods beginning on or after
Include on lines 1-7:
January 1, 2009, Utility Tax refunds may be claimed up to three years from
for tax periods beginning on or after August 1, 2002, include in
the time the return is filed or two years from the time the tax is paid, the
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Gross Income reported on Schedule A, 84 percent of ALL charges
same as the period applying to refunds of General Corporation Tax, Busi-
for mobile telecommunications services to customers where the
ness Corporation Tax, the Unincorporated Business Tax, and the Bank Tax.
place of primary use of the customer is in the City. Such receipts
Administrative Code section 11-1108(a), as amended by Chapter 201 of the
are deemed to be derived from business conducted wholly within
Laws of 2009, section 35.
the City. See, Ad. Code §11-1102(c) as amended. For this purpose,
"place of primary use" has the same meaning as in the Federal Mo-
Beginning January 1, 2006, metered sales of energy to tenants of certain co-
bile Telecommunications Sourcing Act of 2000. See, Ad. Code
operative housing corporations are exempted from the City utility tax. The
§11-1101(20) as amended.
exemption applies to cooperative corporations with at least 1,500 apartments
that own or operate a cogeneration facility that was in place before January
all receipts from any sale made, including receipts from the sales of
1, 2004 (or that replaces such a facility), and that make metered sales of the
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residuals and by-products (except sale of real property, securities and
energy produced for the development’s tenants or occupants. See Ad. Code
noninventoriable personal property) or service rendered in the City,
§§11-1101.25, 11-1101.26 and 11-1102(g). A return must still be filed by
including cash, credits and property of any kind or nature (whether
the cooperative corporation using a tax rate of zero.
or not the sale is made or the service is rendered for profit) without
any deduction for any cost, expense or discount paid.
For information concerning the Relocation Employment Assistance Pro-
gram (REAP) see the Department of Finance website at:
Include on lines 9-14:
profit from the sale of real property;
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Effective for tax periods beginning on and after August 1, 2002, entities
profit from the sale of securities;
that receive eighty percent or more of their gross receipts from charges for
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profit from the sale of non-inventoriable personal property;
the provision of mobile telecommunications services to customers will be
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taxed as if they were regulated utilities for purposes of the New York City
receipts from interest, dividends and royalties (other than interest
Utility Tax, General Corporation Tax, Business Corporation Tax, Banking
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and dividends received from corporations) without deduction for
Corporation Tax and Unincorporated Business Tax. Thus, such entities
any expense; and
will be subject to only the New York City Utility Tax. The amount of gross
gains or profits from any source whatsoever except as specifically
income subject to tax has been amended to conform to the Federal Mobile
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excluded below.
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 Util-
Do not include:
ity Tax on their distributive share of the income of any such entity. Finally,
for tax periods beginning on or after August 1, 2002, the taxpayer’s
for tax years beginning on and after August 1, 2002, partners in any such
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distributive share, if any, of income, gains, losses and deductions
entity will not be subject to General Corporation Tax, Business Corporation
from any partnership subject to the NYC Utility Tax as a utility or
Tax, Banking Corporation Tax or Unincorporated Business Tax on their
vendor of utility services, including its share of separately reported
distributive share of the income of any such entity. Chapter 93, Part C, of
items. Ad. Code §11-1102(f)(2). (See “UTILITY” defined below.)
the Laws of New York, 2002.
gross income from sales for resale other than sales of gas, electric-
NOTE: There have been substantial changes to the Energy Cost Savings
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ity, steam, water or refrigeration or gas, electric, steam, water or re-
Program. For information, call (212) 513-6345.
frigeration service to a vendor of utility services for resale to tenants.
Special Condition Codes
rents, except those derived from facilities used in the public serv-
At the time this form is being published, there are no special condition
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ice, modified as provided in Ad. Code §11-1101.4.
codes for tax year 2017. Check the Finance website for updated special
condition codes. If applicable, enter the two character code in the box pro-
SCHEDULE B
vided on the form.
Enter all other income in Schedule B, page 2.
SCHEDULE A -
UTILITY
COMPUTATION OF GROSS INCOME
Every person subject to the supervision of the Department of Public Serv-
Enter in Schedule A that part of gross income, without any deduc-
ice of the State of New York. Effective for tax periods beginning on and
tions, derived from business conducted wholly within the territorial
after August 1, 2002, entities that receive eighty percent or more of their

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