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How to Create a New York S Corporation Choose a name. Choose a registered agent. File Articles of Organization. Create an operating agreement. Apply for an EIN. Meet the New York LLC publication requirement. File the form to apply for S corp election.
If an LLC or corporation demonstrates it has reasonable cause for not filing Form 2553 on time, the IRS may approve the S Corp election retroactively to the beginning of the companys tax year. Business owners must include an explanation on Form 2553 of why theyre submitting their filing late.
The Secretary of State takes approximately 4 weeks to process filings. Filings can be expedited for $25 and will be completed within 24 hours. In response to your formation, the NY Department of State will issue an official filing receipt that contains the filing date, which is also the official date of formation.
date of the return. No additional extension of time to file Form CT-3-S or CT-4-S will be granted beyond six months. Mail returns to: NYS Corporation Tax, Processing Unit, PO Box 1909, Albany NY 12201-1909.
Common reasons we send RFI letters include: We need to verify you reported the correct amount of wages and withholding for New York State, New York City, and Yonkers (see Checklist for acceptable proof of wages and withholding). We need to verify you lived or worked in New York State, New York City, or Yonkers.
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More about the New York Form IT-225 This form is for income earned in tax year 2021, with tax returns due in April 2022. We will update this page with a new version of the form for 2023 as soon as it is made available by the New York government.
How to Create a New York S Corporation Choose a name. Choose a registered agent. File Articles of Organization. Create an operating agreement. Apply for an EIN. Meet the New York LLC publication requirement. File the form to apply for S corp election.
Form CT-3-S is used to pay the entity level franchise tax under Article 9-A. Such tax is the fixed dollar minimum tax imposed under 210.1(d).
For corporations, limited partnerships and limited liability companies, who must file with the State, the filing fee is $25, though corporations must also pay an additional county- specific fee. The corporation county fee is $100 for any county in New York City and $25 for any other county in New York State.
Form CT‑6 must include the effective date of the election and the signatures of all the shareholders on the specified date. All shareholders must have reported their income on all affected returns consistent with the S corporation election for the year the election should have been made and all subsequent years.

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