Refunds
A business may request a refund due to overpayment of tax. The overpayment may be the result of an amended return, audit or more money paid than was owed. Each business tax has its own refund request forms and procedures.
Banking Corporation Tax Refunds
Commercial Motor Vehicle Tax Refunds
Commercial Rent Tax Refunds
General Corporation Tax Refunds
Real Property Transfer Tax Refunds
Unincorporated Business Tax Refunds
Utility Tax Refunds
Banking Corporation Tax Refunds
Filing Deadline
- Within three years from the time the return was filed; or two years from the time the tax was filed and paid, whichever was later, or
- If no return was filed, within two years from the time the tax was paid.
Requirements
- Refunds can be requested by filing an amended return.
- Refunds based on changes made by the IRS or New York State are to be reported on Form NYC-3360B.
- There are no refund claims based on “Net Operating Loss Carryback”.
NYC-3360B Report of Federal or State Change in Tax Base
Forms & Publications
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Commercial Motor Vehicle Tax Refunds
Filing Deadline
A claim for a refund or credit must be filed within one year from the date of payment.
Requirements
Requests for a refund or credit must be made by the owner of the vehicle by filing a written letter. There is no application. Attach a copy of the cancelled check (front and back), showing payment and any other important information. Attach evidence of payment if tax was paid by money order. For further information Call 212-361-1210.
Mail Requests to:
New York City Dept. of Finance
Commercial Motor Vehicle Tax Section
66 John Street, 2nd floor
New York, NY 10038
No interest is paid by Finance on Commercial Motor Vehicle Tax refunds or credits.
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Commercial Rent Tax Refunds (CRT)
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
6 months from the date of payment of the tax, whichever is later.
Requirements
There is no specific form to ask for a Commercial Rent Tax refund. You must file an amended CRT return. Mail to the address on the amended return.
No interest is paid by Finance on Commercial Rent Tax refunds.
Forms & Publications
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General Corporation Tax (GCT) Refunds
Filing Deadline
Within three years from the time the return was filed; or two years from the time the tax was filed and paid, whichever expires later, or
If no return was filed, within two years from the time the tax was paid.
The refund period for a three-year claim cannot exceed the portion of the tax paid within the three years immediately before the refund claim was filed. The claim also cannot be longer than the three-year period. If you received an allowable extension of time to file, you can use this later date.
The refund period for a valid two-year claim cannot be longer than the two years immediately before either the claim was filed or the tax was paid.
Requirements
If you wish to claim a refund based on a previously filed return you must file an amended return.
Extension of Time By Agreement
The period for reviewing the tax may be extended by an agreement between the taxpayer and Finance. A refund claim must be made within six months after the expiration of this period.
Notice of Change or Correction of Federal or New York State Taxable Income
Use form NYC-3360 to claim a refund when the IRS or New York State make a change which results in a refund. A complete copy of the Federal and/or State Audit Report or Statement of Adjustment must be included.
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.
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
To claim a refund based on a previously filed return you must file an amended return. The claim for credit or refund should be filed:
1. Three years from the filing deadline for the taxable year of the loss;
2. Six months after an assessment has been made under an agreement or extension; or
3. For the time period shown in the Notice of Change or Correction of Federal or New York State Taxable Income.
NYC-3360 Report of Federal or State Change in Tax Base
Forms & Publications
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Real Property Transfer Tax (RPTT) Refunds
Filing Deadline
Request for a Refund must be made within one year of the date of payment.
Requirements
Complete both pages of the Application to Claim a Refund form. Attach copies of cancelled checks (front and back), or the receipts from the Bureau of Land Records (formerly City Register) showing payment, and a copy of the cover pages for the original real property transfer tax return filing. Please follow all instructions on the form.
Mail request to:
New York City Department of Finance
Real Property Transfer Tax Unit
345 Adams Street, 7th Floor
Brooklyn, New York, NY 11201
No interest is paid on Real Property Transfer Tax refunds.
Application to Claim a Refund
Property Forms & Publications
Unincorporated Business Tax (UBT) Refunds
The same rules apply for the Unincorporated Business Tax as stated for refunds of the General Corporation Tax except for the following:
NYC-115 Report of Federal or State Change in Taxable Income
Forms & Publications
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Utility Tax Refunds
Filing Deadline
Administrative Code Section 11-1108(a) requires a claim for a Utility Tax refund must be submitted within one year from the date of the payment.
Requirements
Requests for refunds must be submitted on an amended tax return or appropriate form in the NYC-UTX series.
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