Refunds
A business taxpayer may request a refund, citing overpayment of tax. The overpayment
may be the result of an audit or the taxpayer may have sent in more money than
was owed. Certain business taxes have their own refund request form and procedures:
Banking Corporation Tax Refunds
Commercial Rent Tax Refunds
General Corporation Tax Refunds
Unincorporated Business Tax Refunds
Utility
Tax Refunds
Banking Corporation Tax Refunds
The same rules apply to refunds of the Banking Corporation Tax as stated for refunds of the General Corporation Tax except for the following:
- All requests for refunds should be reported on Form NYC-8B.
- Refunds based on federal or New York State changes are to be reported on Form NYC-3360B.
- There are no refund claims based on net operating loss carryback.
NYC-8B Claim for Credit or Refund
Download Form (36k)
NYC-3360B Report of Federal or State Change in Tax
Base
Download Form (38k)
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Commercial Rent Tax Refunds
Filing Deadline
A claim for a refund must be filed within 18 months from the date of filing the return on which the refund claim is based OR within 6 months from the date of payment of the tax, whichever is later.
Requirements
A refund request must be made in writing, in the form of a letter. There is no specific form for a Commercial Rent Tax refund request. Attach a copy of the cancelled check (front and back), showing payment. If tax was paid by money order, evidence of payment must be attached, such as the signature of the applicant or duly authorized agent.
Mail request to:
New York City Department of Finance
Account Examinations Unit
59 Maiden Lane – 19th floor
New York, NY 10038
No interest is paid on Commercial Rent Tax refunds.
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General Corporation Tax Refunds
Filing Deadline
A claim for a refund based on a previously filed return must be filed on Form NYC-8:
- Within three years from the time that the return was filed; or
- Two years from the time that the tax was paid, whichever expires later, or:
- If no return was filed, within two years from the time the tax was paid.
If the claim is filed within the three-year period after filing the return, the amount of the refund cannot exceed the portion of the tax paid within the three years immediately preceding the filing of the claim, plus the period of any extension of time for filing the return.
If the claim is file within the two-year period, the amount of refund cannot exceed the portion of the tax paid during the two years immediately preceding the filing of the claim.
Extension of Time By Agreement
If the period for assessing the tax has been extended by agreement between the taxpayer and Finance, the claim for refund must be made within six months after the expiration of the period.
Notice of Change or Correction of Federal or New York State Taxable Income
Where the federal or New York State change would result in a refund, Form NYC-3360 may be used as a claim for refund, provided that a complete copy of the federal and/or State Audit Report or Statement of Adjustment accompanies it.
- A refund claim based on a change or correction of federal or New York State taxable income or other tax base must be filed within two years from the time the report (NYC-3360) was required to be filed with Finance.
- Effective for taxable years beginning on or after January 1, 1989, if the NYC-3360 is not filed within 90 days (120 days for taxpayers filing a combined report) after the notice of final federal or New York State determination, no interest on the resulting refund will be paid.
Refund Attributable to Net Operating Loss/Net Capital
Loss Carryback
A claim for a refund due to a net operating loss carryback or net capital loss
carryback should be filed on Form NYC-8. If the total amount of refund claimed
is less than $5,000, Form NYC-8CB may be used.
The claim for credit or refund should be filed within whichever of the following
three periods expires latest:
- Three years from the time that the return was due for the taxable year
of the loss;
- Six months after the end of the period during which an assessment may be
made under an agreement or extension; or
- The time period specified in Notice of Change or Correction of Federal
or New York State Taxable Income above.
NYC-8 Claim for Credit or Refund
Download Form (36k)
NYC-3360 Report of Federal or State Change in Tax
Base
Download Form (38k)
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Unincorporated Business Tax Refunds
The same rules apply to refunds of the Unincorporated Business Tax as stated for refunds of the General Corporation Tax except for the following:
- All requests for refunds should be reported on Form NYC-113.
- Refunds based on federal or New York State changes are to be reported on Form NYC-115.
- A copy of the UBT return for the year for which the refund is claimed must accompany Form NYC-113.
NYC-113 Claim for Credit or Refund
Download Form (45k)
NYC-115 Report of Federal or State Change in Taxable
Income
Download Form (53k)
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Utility Tax Refunds
Filing Deadline
Administrative Code Section 11-1108(a) requires that any person filing a claim
for a Utility Tax refund must do so within one year from the date of the payment.
Requirements
Requests for refunds must be submitted in writing, in the form of a letter.
There is no specific form for a Utility Tax refund request.
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