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The business income base is based on federal taxable income with certain New York-specific modifications. The default tax rate is 6.5%. However, a lower rate of 4.875% applies to qualified emerging technology companies (QETCs) and a 0.0% rate applies to qualified New York manufacturers.
The entity theory states that the partnership is a complete and distinct entity no differently than a corporation. By law (Uniform Partnership Act) any creditor of a partner has no right or ability to attach or execute on a partner's specific interest in the partnership property.
If you conduct business both inside and outside New York City and have subsidiary and/or investment capital, you'll need to file a General Corporation tax return, Form NYC-3L.
Every corporation that is incorporated, registered, or doing business in California must pay the $800 minimum franchise tax.
Entity method. Under the entity method, a corporate partner is treated as owning an interest in the partnership entity when determining the taxes measured by the business income base, capital base, and the fixed-dollar minimum, and the corporate partner's interest is an intangible asset that is business capital.
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Tax Bases and Rates If New York City Receipts are:Fixed Dollar Minimum Tax is:Not more than $100,000$25More than $100,000 but not over $250,000$75More than $250,000 but not over $500,000$175More than $500,000 but not over $ 1 million$5008 more rows
An entity perspective means that companies are viewed as separate and distinct from their owners (present shareholders), while a proprietary perspective is only focused on the needs of the shareholders.
Disadvantage: State and local taxes. For example, in New York City, an S-corp would be subject to the city's 8.85% business tax, on top of state and federal taxes. This could potentially increase the S-corp tax bill significantly and essentially wipe out the other tax advantages offered by this entity structure.
Once a corporation has approval from the New York State Tax Department to be treated as a New York S corporation, it is required to file Form CT-3-S instead of Form CT-3, General Business Corporation Franchise Tax Return. Form CT-3-S is used to pay the entity level franchise tax under Article 9-A.
For many businesses, this tax ends up being somewhere around 6.5% of their business income earned in New York....Calculating fixed dollar minimum tax. Total New York receiptsFixed dollar minimum taxMore than $5,000,000 but not over $25,000,000$ 3,50011 more rows • Jan 11, 2022

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