Department of Taxation and Finance
Instructions for Form CT-183 and CT-184 Transportation and Transmission Corporation Franchise Tax Returns
CT-183/184-I
Printer-Friendly Version (PDF)
New for 2023
For a detailed list of what’s new, including a summary of tax law changes, see New for 2023 or visit our website at www.tax.ny.gov (search: 2023).
Form CT-1, Supplement to Corporation Tax Instructions
This form is for general instructions that apply to all corporation tax forms. It includes a variety of topics about how to fill out your form (for example, entry formats and third-party designee), filing and payment information (such as when Form CT-200-V is required), collection options that we may take, tax shelter information, and your rights under the Tax Law. Form CT-1 also has our contact information if you need help and our privacy notification.
For details, see Form CT-1 or visit our website at www.tax.ny.gov (search: CT-1).
Note: All citations are to New York State Law sections unless specifically noted otherwise.
General information
Filing requirements
With the exception of non-local telephone companies, if you are required to file Form CT-183, you must also file Form CT-184. Railroad and trucking corporations see Filing requirements for railroad and trucking corporations. Telephone companies see Filing requirements for telephone businesses.
For the purposes of Forms CT-183 and CT-184, the term corporation includes an association within the meaning of Internal Revenue Code (IRC) section 7701(a)(3) (including a limited liability company) and a publicly traded partnership treated as a corporation for purposes of IRC section 7704.
This includes all domestic corporations (those incorporated in New York State), as well as any foreign corporations (those incorporated outside New York State) that are:
- doing business,
- employing capital,
- owning or leasing property, or
- maintaining an office in New York State.
Generally, a corporation, joint-stock company, or association formed for or principally engaged in a transportation or transmission business (such as canal, ferry, express, navigation, transfer, delivery, household moving, or telegraph) must file Forms CT-183 and CT-184. For corporations not required to file these forms, see Corporations not required to file Forms CT-183 and CT-184.
Filing requirements for cable television operators
Cable television operators are subject to tax under Tax Law Article 9-A and are not required to file Forms CT-183 and CT-184, unless they can demonstrate that they are doing business in the same manner as described in the Appellate Division decision of the New York State Supreme Court In the Matter of New Channels et al v Tax Appeals Tribunal of the Department of Taxation and Finance of the State of New York et al, 279 AD2d 164, 719 NYS2d 182 (3rd Dept 2001), lv denied 96 NY2d 711, 727 NYS2d 697 (2001).
In that case, the cable operators collected television signals by various means, clarified the signals, assigned them a channel frequency, and transmitted the signals to subscribers through a system of coaxial cables and amplifiers. They had no control over the content of the signals received. They could not dictate the times at which the programs would be shown and they did not sell advertising on the local or premium channels they offered. Their largest capital investments consisted of equipment necessary to receive and transmit television signals to customers, and substantially all of their revenue was derived from subscriber fees.
For more information on the filing requirements under Article 9-A, see Form CT-3-I, Instructions for Form CT-3.
Filing requirements for railroad and trucking corporations
Article 9 sections 183 and 184: Railroad and trucking corporations may elect to be taxed under Article 9 sections 183 and 184 by filing Form CT-187, Election or Revocation of Election by Railroad and Trucking Corporations To Be Taxable Under Article 9, and marking an X in the Election box. This election must be made by the due date of the first franchise tax return due under Article 9 or 9-A.
Article 9-A: Railroad and trucking corporations that do not elect to be taxed under Article 9 must file under Article 9-A as follows:
- New York C corporations must file Forms CT-3, General Business Corporation Franchise Tax Return, and, if applicable, CT-3-M, General Business Corporation MTA Surcharge Return. However, when required, they must be included on a combined return on Form CT-3-A, General Business Corporation Combined Franchise Tax Return.
- New York S corporations must file Form CT-3-S, New York S Corporation Franchise Tax Return.
Final year filing requirements when Article 9 revocations are in effect
Railroad or trucking corporations that elected to be taxed under Article 9 sections 183 and 184 may make a one-time revocation of this election by filing Form CT-187 and marking an X in the Revocation of election box. The revocation of election must be filed by April 15 of the first year the corporation is not to be taxed under Article 9. (If April 15 falls on a Saturday, Sunday, or legal holiday, the revocation is due on the next business day.) Such revocation will be effective as of January 1 of that year. A revocation filed after April 15 will take effect the following January 1. The following filing requirements apply:
Revocation filed on or before April 15, 2024 | Revocation filed after April 15, 2024, and before January 1, 2025 |
---|---|
Since the tax under section 183 is paid in advance, do not file a Form CT-183 in 2024. If you are subject to the MTA surcharge, file a final 2023 Form CT-183-M, due on April 15, 2024. File a final 2023 Form CT-184 (and if applicable, Form CT-184-M), due on April 15, 2024. |
Since the tax under section 183 is paid in advance, file a final 2023 Form CT-183, due on April 15, 2024. If you are subject to the MTA surcharge, file a 2023 Form CT-183-M, due on April 15, 2024. File a 2023 Form CT-184 (and if applicable, Form CT-184-M), due on April 15, 2024. |
Filing requirements for telephone businesses
Every corporation, joint-stock company, or association formed for, or principally engaged in, a telephone business must file Form CT-183, but only those corporations, joint-stock companies, or associations formed for, or principally engaged in local telephone business must file Form CT-184.
Local telephone business means the provision or furnishing of telecommunication services for hire, where the service consists of carrier access service, or originates and terminates within the same local access and transport area (LATA) or LATA-like Rochester non-associated independent area (LATA-like area). The LATAs and LATA-like areas are those areas that were essentially formed and defined under the Modification of Final Judgement in United States v Western Electric Company (Civil Action No. 82-0192) in the United States District Court for the District of Columbia.
Telecommunication services means telephony or telegraphy or any telephone or telegraph service including, but not limited to, any transmission of the following: voice, image, data, information, and paging; through the use of wire, cable, fiber-optic, laser, microwave, radio wave, satellite, or similar media, or any combination thereof.
Telecommunication services also includes services that are not telecommunication services as such, but are:
- ancillary to the provision of telephone service (for example, directory information, call forwarding, caller identification, call waiting, and supplementary services); and
- services (of whatever nature) that are provided with telecommunication services. The receipts from equipment provided in connection with any telecommunication service (for example, equipment such as beepers, telephones, fax machines, and modems) are also subject to tax under section 184.
Telecommunication services does not include separately stated charges for a service that alters the substantive content of the message received from that sent.
Telecommunication services excludes television or radio programming transmitted to subscribers by cable television service.
All telecommunication providers, whether organized in the corporate or individual form (including local telephone service providers) are subject to the excise tax on telecommunication services. Certain telecommunication providers may also be subject to tax on receipts from sales of water, gas, electricity, steam, or refrigeration. For more details, see Form CT-186-E-I, Instructions for Form CT-186-E.
Corporations not required to file Forms CT-183 and CT-184
The following corporations are excluded from filing Forms CT-183 and CT-184:
- Foreign taxicab and omnibus corporations that conduct fewer than 12 trips into New York State during the calendar year are not taxable under Article 9 if they do not otherwise own or lease property, or maintain an office in New York State.
- Corporations exclusively engaged in the operation of vessels in foreign commerce are exempt from all state and local taxation on their capital stock, franchises, and earnings.
- Ferry companies that operate between any of the boroughs of the city of New York under a lease granted by New York City are exempt from taxation.
- Aviation corporations (including air freight forwarders acting as principal and like indirect air carriers) are subject to tax under Article 9-A and must file Form CT-3 or, if in a combined group, Form CT-3-A. See TSB-M-89(10)C, Taxability of Aviation Corporations under Article 9-A.
- Any corporation that is an organization defined by Tax Law section 186-e.2(b)(3) and that is principally engaged in providing telecommunication services for the purpose of air safety and navigation, is not subject to tax under section 184.
- Corporations principally engaged in the transportation, transmission, or distribution of gas, electricity, or steam are not subject to tax under sections 183 and 184.
Use Form CT-183 to report and pay the franchise tax required by Article 9 section 183. This is an annual tax based on the corporation’s allocated capital stock, or a minimum tax of $75.
Use Form CT-184 to report and pay the franchise tax required by Article 9 section 184. This tax is based on the corporation’s gross earnings from all New York State sources.
If you are subject to tax under Tax Law sections 183 and 184, you must file both Forms CT-183 and CT-184 yearly. Unless excluded above, if you do not have taxable gross earnings, you must still file Form CT-184 to show that no tax is due under Tax Law, Article 9, section 184.
When and where to file
The filing period for both forms must be based on a calendar year, regardless of your federal reporting period. This return is due on April 15, following the close of the tax year. If April 15 falls on a Saturday, Sunday, or legal holiday, the return is due on the next business day. Mail to:
NYS CORPORATION TAXPO BOX 15181ALBANY NY 12212-5181Private delivery services: See Publication 55, Designated Private Delivery Services.
Extension of time for filing tax return
You may request a three-month extension of time to file by filing Form CT-5.9, Request For Three-Month Extension To File, on or before the original due date. An extension of time granted by the Internal Revenue Service (IRS) to file a federal return does not extend the date for filing a New York State return. You may request an additional three-month extension of time by filing Form CT-5.1, Request For Additional Extension of Time To File.
Tax basis
Tax Law, Article 9, section 183, provides for a franchise tax based on the net value of issued capital stock employed in New York State (see Form CT-183, Schedule D).
The net value of issued capital stock may be allocated within and outside New York State. Base the allocation on the gross assets employed in New York State (see Form CT-183, Schedule A).
The franchise tax required by section 183 is the highest of the three taxes computed by the following three methods:
- Allocated value of issued capital stock multiplied by the tax rate of 1.5 mills (.0015).
- Allocated value of issued capital stock on which dividends are paid at a rate of 6% or more, multiplied by the tax rate of .375 mills (.000375) for each 1% of dividends paid. Apply a rate of 1.5 mills (.0015) to capital stock on which dividends are not paid, or are paid at a rate of less than 6%.
- Minimum tax of $75.
A combination of tax on capital stock using the tax rate of 1.5 mills and the dividend rate as computed in Schedule E is possible if a corporation has more than one type of stock (see Form CT-183).
Tax Law, Article 9, section 184, provides for a tax at the rate of ⅜% (.00375) of the gross earnings received from business conducted in New York State during the tax year (see Form CT-184).
A railroad not operated by steam, whose property is leased to another railroad, must pay only a tax of 4.5% on dividends paid during the tax year that exceed 4% of the amount of its capital stock. The tax on gross earnings would not apply.
If a corporation’s only activities in New York State are (1) maintaining an office and employing capital, and (2) owning property used exclusively in interstate or foreign commerce, the tax under Article 9 section 184 does not apply to:
- a foreign railroad, palace car, or sleeping car company, or
- to a navigation, canal, ferry, steamboat, or other corporation operating vessels.
Penalty for underpaying estimated tax: Article 9 section 184
If you can reasonably expect your New York State franchise tax liability under Article 9 section 184 to exceed $1,000, you must file a declaration of estimated tax on Form CT-400, Estimated Tax for Corporations. We may impose a penalty if you fail to file a declaration of estimated tax or fail to pay the entire installment payment of estimated tax due. For more information, see Form CT-222, Underpayment of Estimated Tax by a Corporation and instructions.
Late payment: Interest
If you do not pay the tax on or before the original due date (without regard to any extension of time for filing), you must pay interest on the amount of the underpayment from the original due date of the return to the date the tax is paid. Exclude from the interest computation any amount you paid on or before the original due date.
Late filing and late payment: Additional charges
Compute additional charges for late filing and late payment on the amount of tax, minus any payment you made on or before the due date (with regard to any extension of time for filing). Exclude from the penalty computation any amount you paid on or before the due date. To compute your penalty and interest, see Penalty and Interest Calculator or visit www.tax.ny.gov (search: penalty). You may also call and we will compute the penalty and interest for you (see Need help? in Form CT-1).
- If you do not file a return when due, or if your request for extension is invalid, add to the tax 5% (.05) per month up to 25% (.25) (Article 27 section 1085(a)(1)(A)).
- If you do not file a return within 60 days of the due date, the addition to tax in item A above cannot be less than the smaller of $100 or 100% of the amount required to be shown as tax (section 1085(a)(1)(B)).
- If you do not pay the tax shown on a return, add to the tax ½% (.005) per month up to 25% (.25) (section 1085(a)(2)).
- The total of the additional charges in items A and C above may not exceed 5% (.05) for any one month, except as provided for in item B above (section 1085(a)).
If you think you are not liable for these additional charges, attach a statement to your return explaining the delay in filing, payment, or both (section 1085).
Final return
Mark an X in the Final return box on page 1 of the return, under the form number, only if filing a final tax return for one of the following reasons:
- voluntary dissolution of a New York corporation (New York Business Corporation Law, section 1001-1003),
- surrender of authority by a foreign corporation (New York Business Corporation Law, section 1310),
- merger or consolidation (New York Business Corporation Law, sections 904, 904-a, 905, and 907),
- disposition of assets of a New York corporation (New York Business Corporation Law, section 909(d)),
- termination of existence of a foreign corporation (New York Business Corporation Law, section 1311), or
- liquidation under IRC sections 332, 334, and 337.
See Voluntary dissolution and surrender of authority and liability for taxes and fees for the proper procedures to follow in terminating your business.
In the case of a merger or consolidation, only the non-surviving corporation marks the Final return box.
The return will be treated as a final return if your business is terminated with the Department of State, and the return covers the tax period from the last return filed to the date of termination.
Do not mark the Final return box if you are only changing the type of return that you file (for example, changing from Forms CT-183 and CT-184 to Form CT-3).
If you have terminated business since March 2023, do not file a final Form CT-183. The tax under section 183 is paid in advance.
Voluntary dissolution and surrender of authority and liability for taxes and fees
A domestic corporation (incorporated in New York State) is generally liable for corporate franchise taxes for each fiscal or calendar year, or part thereof, during which it is incorporated, regardless of whether it carries on any activity. For example, a person who intends to go into business organizes a new corporation under the New York Business Corporation Law for the purpose of operating the new business as a corporation. However, the business is never started and the corporation never conducts any business. Under such circumstances, the corporation would usually be liable for franchise taxes for each tax year until it is formally dissolved with the Department of State.
A foreign corporation (incorporated outside New York State) is liable for franchise taxes during the period in which it does business, employs capital, owns or leases property, or maintains an office in New York State.
For information on voluntary dissolution and surrender of authority, see Instructions for voluntary dissolution of a New York corporation and Instructions for surrender of authority by foreign business corporation, or see Need help? in Form CT-1).
Completing your tax return
Amended return: If you are filing an amended return, mark an X in the Amended return box on the top of page 1.
You must file the amended return within three years of the date the original return was filed or within two years of the date the tax was paid, whichever is later. If you did not file an original return, you must amend your return within two years of the date the tax was paid. For additional limitations on credits or refunds, see Tax Law, Article 27, section 1087.
Employer identification number, file number, and other identifying information: For us to process your corporation tax forms, it is important that we have the necessary identifying information, including your current address. Keep a record of that information and include it on each corporation tax form mailed.
If you use a paid preparer or accounting firm, make sure they use your complete and accurate identifying information when completing all forms.
Signature: The return must be certified by the president, vice president, treasurer, assistant treasurer, chief accounting officer, or other officer authorized by the taxpayer corporation.
The return of an association, publicly traded partnership, or business conducted by a trustee or trustees must be signed by a person authorized to act for the association, publicly traded partnership, or business.
If an outside individual or firm prepared the return, all applicable entries in the paid preparer section must be completed, including identification numbers (see Paid preparer identification numbers in Form CT-1). Failure to sign the return will delay the processing of any refunds and may result in penalties.
Instructions for Form CT-183
Metropolitan transportation business tax (MTA surcharge): Any corporation taxable under Article 9 section 183, that does business, employs capital, owns or leases property, or maintains an office in the Metropolitan Commuter Transportation District (MCTD) must file Form CT-183-M, Transportation and Transmission Corporation MTA Surcharge Return, and pay an MTA surcharge on business done in the Metropolitan Transportation Authority region. The MCTD includes the counties of New York, Bronx, Kings, Queens, Richmond, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester.
If you do not do business in the MCTD, you are not liable for the MTA surcharge; answer No to the question above line A.
Line A: Make your check or money order payable in U.S. funds. We will accept a foreign check or foreign money order only if payable through a United States bank or if marked Payable in U.S. funds.
Tax computation
Line 5
Mark an X in the appropriate boxes in the summary of credits section on Form CT-183, above line 83. Enter on line 5 the total amount of tax credits that you are applying against this year’s tax from the following forms (attach any forms to your return):
- Form CT-40, Claim for Alternative Fuels Credit
- Form CT-41, Claim for Credit for Employment of Persons with Disabilities
- Form CT-43, Claim for Special Additional Mortgage Recording Tax Credit
- Form CT-249, Claim for Long-Term Care Insurance Credit
- Form CT-501, Temporary Deferral Nonrefundable Payout Credit
- Form CT-611, Claim for Brownfield Redevelopment Tax Credit, For Qualified Sites Accepted into the Brownfield Cleanup Program Prior to June 23, 2008
- Form CT-611.1, Claim for Brownfield Redevelopment Tax Credit, For Qualified Sites Accepted into the Brownfield Cleanup Program on or After June 23, 2008 and Prior to July 1, 2015
- Form CT-611.2, Claim for Brownfield Redevelopment Tax Credit, For Qualified Sites Accepted into the Brownfield Cleanup Program on or After July 1, 2015.
- Form CT-612, Claim for Remediated Brownfield Credit for Real Property Taxes
- Form CT-613, Claim for Environmental Remediation Insurance Credit
- Form CT-631, Claim for Security Officer Training Tax Credit
- Form CT-637, Alternative Fuels and Electric Vehicle Recharging Property Credit
- Form DTF-630, Claim for Green Building Credit
If you are claiming a credit for which no specific box is provided, enter the name of the credit being claimed on the Other credits line and mark an X in the box. Attach the appropriate forms to your return. Generally, the Other credits box is used only when a credit claim form for a newly-enacted credit was not developed in time to appear on the return.
Do not include on line 5 any amount of credit that will be carried over, refunded, or applied as an overpayment to the next tax period. Credits for which you are requesting a refund are reported on line 16b. Credits that you are applying as an overpayment to the next tax period are reported on line 16c.
These credits cannot reduce your tax below the minimum tax.
You may apply any unused credit that remains after applying the credit to your franchise tax against the tax due under section 184 (Form CT-184).
If you are claiming more than one credit, you must apply them against your tax in the following order:
- noncarryover credits that are not refundable
- carryover credits that are of limited duration
- carryover credits that are of unlimited duration
- refundable credits
The following credits are carryover credits of unlimited duration:
- alternative fuels
- employment of persons with disabilities
- special additional mortgage recording tax
- long-term care insurance
- green building
- alternative fuels and electric vehicle recharging property
- temporary deferral nonrefundable payout
The brownfield redevelopment tax credit, the environmental remediation insurance credit, the remediated brownfield credit for real property taxes, and the security officer training tax credit are refundable.
Lines 9 and 10: If you are not filing this return on time, you must pay interest and additional charges (see Late payment: Interest and Late filing and late payment: Additional charges).
Line 16b: If you are claiming a refund of tax credits, enter the total amount and attach the appropriate tax credit forms. Do not include this amount on line 5.
Line 16c: If you are applying an amount of tax credits as an overpayment to the next tax period, enter that amount and attach the appropriate tax credit forms. Do not include this amount on line 5.
Schedule A: Allocation percentage
Part 1: General transportation and transmission corporations
Line 17: Accounts receivable are considered located where controlled.
Line 18: If the assets of any company whose stock is owned by this corporation are employed both within and outside New York State, you may apportion your holdings on the basis of percentage of employment by the issuer of the stock.
Line 19: Bonds, loans, and other securities are considered located where employed.
Line 22: Enter the value of all other assets located in New York State that are reflected on your balance sheet, except the value of vehicles. Determine the value of vehicles allocated to New York State (column A) by multiplying the mileage allocation percentage from Form CT-184, line 21, by the total value of the vehicles. Cable television operators allocate the value of vehicles by using the ratio of gross receipts from providing cable service to service addresses within New York State, as reported on Form CT-184, line 46, to gross receipts from providing cable service to all service addresses.
Line 23: Add lines 17 through 22. The column B total must equal the amount of gross assets shown on your balance sheet, except for cash and investments in United States obligations.
Part 2: Corporations operating vessels not exclusively engaged in foreign commerce
Line 25: Working days are days during which a vessel is sufficiently staffed for the transportation of persons or cargo, or when it has cargo aboard. Compute for each vessel the working time in New York State territorial waters and the working time everywhere in hours and minutes. At the end of the year, total the time for all vessels, and convert to days. Instead of records indicating actual time in New York State territorial waters, you may compute time from records showing when vessels passed the Ambrose Light Station on the way in and out of port.
Schedules B and C
Information required in these two schedules must be the same information that appears on your balance sheet. Attach a copy of your balance sheet.
Schedule D: Computation of tax based on the net value of issued capital stock
The tax based on net value, as shown on your balance sheet, is the largest of these three taxes, computed by these three methods of valuing stock:
- Total number of shares of stock outstanding as of December 31, 2023, multiplied by the net value per share of stock outstanding as of December 31, 2023, but not less than $5 per share (lines 47, 48, and 49).
- Total number of shares of stock outstanding as of December 31, 2023, multiplied by the average price at which they were sold during the year (lines 50, 51, and 52).
- The difference between your assets and liabilities (lines 53, 54, and 55).
Schedule E: Computation of tax if dividend rate is 6% or more on some or all classes of capital stock
Local telephone companies: Local telephone companies with no more than 1 million access lines in New York State are not subject to the excess dividends tax imposed under Tax Law Article 9 section 183. Do not complete Schedule E if you are a local telephone company with no more than 1 million access lines in New York State.
Part 1, Column B
Compute the value of each class of par value stock by multiplying the par value by the number of shares of such stock issued and outstanding as of December 31, 2023. Do not include any additional paid-in capital, premium, or discount on the issuance of par value stock, or any capital arising from appreciation of assets, amounts not contributed by the stockholder, or retained earnings.
Compute the value of each class of stock without nominal or par value by multiplying the amount paid for the no-par-value stock, including any additional paid-in capital, premium, or discount on the issuance of the stock, by the number of shares issued and outstanding as of December 31, 2023. Do not include any capital arising from appreciation of assets, amounts not contributed by the stockholder, or retained earnings.
Part 2: Tax computation
If you paid a 6% or more dividend on all classes of issued capital stock, complete lines 61 through 69, and line 75. You do not need to complete lines 70 through 74.
If you did not pay a 6% or more dividend on all classes of stock, compute a tax on the dividend based on the value of the stock on which the dividend of 6% or more was paid by completing lines 57, 58, and 59, plus a tax at the capital-stock rate on the remaining value of all capital stock by completing lines 70 through 74. Also, complete line 75.
Lines 70 through 74: The class of capital stock on which the dividend was paid determines the remaining value of all capital stock. If the 6% or greater dividend was paid on preferred stock, the remaining value of all capital stock is retained earnings plus common stock, as retained earnings are normally associated with common stock. Thus, in this instance, retained earnings would be included on line 70. See Example 1.
If the 6% or greater dividend was paid on common stock, the remaining value of all capital stock is preferred stock. Retained earnings would not be included on line 70. See Example 2.
The following examples illustrate how the dividend rates and remaining value of capital stock are computed.
Example 1: Dividend paid on preferred stock
Par value of common stock | $10,000 | |
Par value of preferred stock | 50,000 | |
Retained earnings | 80,000 | |
Dividend paid on preferred stock | 3,300 | |
Dividend rate ($3,300 ÷ $50,000) | 6.6% | |
6.6 × .000375 (tax rate of ⅜ mill) | .002475 | |
Tax ($50,000 × .002475) | $123.75 | |
Remaining value of issued capital stock (common stock plus retained earnings: $90,000 × .0015) |
135.00 | |
Total tax | $258.75 |
Example 2: Dividend paid on common stock
Par value of common stock | $10,000 | |
Par value of preferred stock | 50,000 | |
Retained earnings | 80,000 | |
Dividend paid on preferred stock | 3,000 | |
Dividend rate ($3,000 ÷ $10,000) | 30% | |
30% × .000375 (tax rate of ⅜ mill) | .01125 | |
Tax ($10,000 × .01125) | $112.50 | |
Remaining value of issued capital stock (preferred stock only; $50,000 x .0015) |
75.00 | |
Total tax | $187.50 |
Parts 3 and 4
Corporations operating vessels not exclusively engaged in foreign commerce must compute the dividend rate on paid-in capital for all classes of stock. This includes all amounts paid for the stock. It does not include capital from appreciation of assets, amounts not contributed by the stockholder, or retained earnings.
Schedule F: Composition of prepayments
If you need more space, write see attached in this section and attach a separate sheet showing all relevant prepayment information. Transfer the total shown on the attached sheet to line 7.
Line 83: Enter the amount of credits that are refund eligible claimed on line 5 against your current year’s franchise tax. Do not include any amount of credits actually requested as a refund on line 16b or requested as an overpayment credited to next year’s tax on line 16c.
Instructions for Form CT-184
All transportation and transmission corporations and associations subject to tax under Article 9 section 184 must file Form CT-184 and pay the tax due on gross earnings or dividends, whichever is appropriate.
All transportation and transmission corporations and associations must file Form CT-184 even if no tax is due. Enter zeros where appropriate on lines 1 through 14 and file the signed return with Form CT-183.
Metropolitan transportation business tax (MTA surcharge): Any corporation taxable under Article 9 section 184 that does business, employs capital, owns or leases property, or maintains an office in the Metropolitan Commuter Transportation District (MCTD) must file Form CT-184-M, Transportation and Transmission Corporation MTA Surcharge Return, and pay an MTA surcharge on business done in the Metropolitan Transportation Authority region. The MCTD includes the counties of New York, Bronx, Kings, Queens, Richmond, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester. Answer the questions on page 1 of Form CT-184 by marking an X in the appropriate boxes. If you do not do business in the MCTD, you are not liable for the MTA surcharge; answer No to the second question.
Line A: Make your check or money order payable in U.S. funds. We will accept a foreign check or foreign money order only if payable through a United States bank or if marked Payable in U.S. funds.
Tax computation
Line 5
Mark an X in the appropriate boxes in the summary of credits section on Form CT-184, above line 69. Enter on line 5 the total amount of tax credits that you are applying against this year’s tax (attach the forms to your return).
If you are claiming a credit for which no specific box is provided, enter the name of the credit being claimed on the Other credits line and mark an X in the box. Attach the appropriate forms to your return. Generally, the Other credits box is used only when a credit claim form for a new credit was not developed in time to appear on the return.
Do not include on line 5 any amount of credit that will be carried over, refunded, or applied as an overpayment to the next tax period. Credits for which you are requesting a refund are reported on line 19b. Credits that you are applying as an overpayment to the next tax period are reported on line 19c.
You may apply any unused credit that remains after applying the credit to your franchise tax under section 183 (Form CT-183) against the tax due under section 184 (Form CT-184). Attach the credit form with the aggregate calculation to both Forms CT-183 and CT-184. Apply the maximum credit amount allowed on Form CT-183 first, then apply the remaining unused credit on Form CT-184.
When claiming more than one credit, you must apply them against your tax in the order specified in the instruction for Form CT-183, line 5.
Lines 6 and 9
If line 6 is less than line 9, go to line 15a.
If line 6 is greater than or equal to line 9, continue with line 10a.
Line 10b: If on Form CT-300, Mandatory First Installment (MFI) of Estimated Tax for Corporations, you did not apply an anticipated overpayment amount of section 184 tax from this period to your next section 184 tax period, enter 0 and complete line 10c. Note: For calendar-year filers, that Form CT-300 was due March 15, 2024.
If on Form CT-300 you did apply an anticipated overpayment amount of section 184 tax from this period to your next section 184 tax period, enter the amount from line 5, column A of the Form CT-300 that represents such anticipated overpayment. Note: For calendar-year filers, that Form CT-300 was due March 15, 2024.
Line 11: Form CT-222, Underpayment of Estimated Tax by a Corporation, is filed by a corporation to inform the Tax Department that the corporation meets one of the exceptions to reduce or eliminate the underpayment of estimated tax penalty pursuant to Tax Law section 1085(d).
Lines 12 and 13: If you are not filing this return on time, you must pay interest and additional charges (see Late payment: Interest and Late filing and late payment: Additional charges).
Line 15b: If on Form CT-300 you did not apply an anticipated overpayment amount of section 184 tax from this period to your next section 184 tax period, enter 0 and complete line 15c. Note: For calendar-year filers, that Form CT-300 was due March 15, 2024.
If on Form CT-300 you did apply an anticipated overpayment amount of section 184 tax from this period to your next section 184 tax period, enter the amount from line 5, column A of the Form CT-300 that represents such anticipated overpayment. Note: For calendar-year filers, that Form CT-300 was due March 15, 2024. If line 15b is less than or equal to line 15a, complete line 15c. If line 15b is greater than line 15a, subtract line 15a from line 15b and enter the result on line 10c. Complete lines 11 through 14 to determine your amount due.
Line 19b: If you are claiming a refund of tax credits, enter the total amount and attach the appropriate tax credit forms. Do not include this amount on line 5.
Line 19c: If you are applying an amount of tax credits as an overpayment to the next tax period, enter that amount and attach the appropriate tax credit forms. Do not include this amount on line 5.
Schedule A: Mileage allocation: Transportation over the road
Taxpayers subject to tax under section 184, except telephone corporations, telegraph corporations, and cable television operators, complete Schedules A and D to allocate gross earnings.
Telephone corporations complete Schedules B and D.
Telegraph corporations complete Schedules C and D.
Cable television operators complete Schedule D.
Transportation over the road: If no allocation is claimed, enter 100% on line 21. Your gross receipts must be allocated using the mileage allocation. The mileage allocation is a percentage based on the number of revenue miles traveled within New York State compared to the total revenue miles traveled everywhere. Do not include nonrevenue miles, such as deadheading (movement of commercial vehicles in nonrevenue mode for logistical reasons).
Schedule B: Corporations principally engaged in local telephone business
Line 22: Enter gross revenue from all telephone services, including receipts of cash, credits, and property of any kind or nature, without any deductions for the cost of property sold, the cost of materials used, labor, services, or other costs, interest, or discount paid, or any other expense. Examples of telephone services receipts include the following:
- all charges for carrier access services provided in New York State
- local services receipts from subscriber’s stations, public telephones, service stations, local private lines, and other local service receipts
- intrastate toll service receipts, toll private line services, and other toll service receipts for calls that originate and terminate in New York State, and any other telephone receipts, including receipts from the transmission of voice, data, image, information, and paging, where the transmission originates and terminates in New York State
- interstate and international toll service receipts, toll private line services, and other toll service receipts for calls that originate or terminate in New York State, and any other telephone receipts, including receipts from the transmission of voice, data, image, information, and paging, where the transmission originates or terminates in New York State
- receipts from services that are ancillary to the provision of telecommunication services, such as directory information, call forwarding, caller identification, call waiting, and supplementary services provided in New York State
- receipts from equipment provided in connection with any telecommunication service in New York State
- receipts from incidental services provided in connection with any telecommunication service provided in New York State
Gross operating revenue from telephone services does not include taxes imposed by New York State or its municipalities or the federal government, where you are collecting the taxes for the taxing authority (for example, state and local sales taxes or federal excise taxes). Deductions allowed from receipts comprising of gross operating revenue, include uncollectible accounts.
Schedule C: Allocation of gross operating revenue from telegraph corporations
Telegraph companies that sell or furnish telegraph transmission services in New York State must complete Schedule C and compute gross operating revenue.
Gross operating revenue includes the following:
- intrastate gross operating revenue
- interstate gross operating revenue allocated to New York State
- foreign gross operating revenue allocated to New York State
Intrastate gross operating revenue includes receipts from the sale or furnishing of intrastate telegraph services.
Compute interstate and foreign gross operating revenue allocated to New York State by using either the accounting rule method or the formula rule method. Interstate and foreign gross operating revenue includes revenues (that is, receipts) allocated to New York State from the sale or furnishing of interstate and foreign telegraph services.
In determining gross operating revenue, include receipts of cash, credits, and property of any kind or nature, without any deductions for the cost of property sold, the cost of materials used, labor, services, or other costs, interest or discount paid, or any other expense.
Gross operating revenue from telegraph services includes receipts such as the following:
- miscellaneous receipts from commissions, rent receipts, general service receipts, license receipts, and other miscellaneous receipts
- any other transmission receipts
Deductions allowed from receipts comprising gross operating revenue include uncollectible accounts, as well as taxes imposed by New York State or its municipalities or the federal government, when you are collecting taxes for the taxing authority (for example, state and local sales taxes, or federal excise taxes).
Line 27: Enter 100% of receipts that comprise intrastate gross operating revenue from telegraph services wholly within New York State. If you employ a Uniform System of Accounts as prescribed for federal or state regulatory purposes, enter the amount of receipts that comprise gross operating revenue as reflected in these accounts.
Allocation: Accounting rule method
Lines 28 and 29: Use the accounting rule method to allocate interstate and foreign gross operating revenue if you employ a Uniform System of Accounts as prescribed for federal or state regulatory purposes, and these accounts reflect the amount of gross operating revenue from interstate and foreign services attributable to New York State. Enter the amount of receipts that comprise interstate and foreign gross operating revenue from those accounts.
Allocation: Formula rule method
Lines 31 through 38: Use the formula rule method to allocate interstate and foreign gross operating revenue if you do not employ a Uniform System of Accounts as prescribed for federal or state regulatory purposes, or if the accounting rule method does not properly reflect the amount of gross operating revenue from interstate and foreign transmission services attributable to New York State.
Line 31: Enter the average value of real property you owned and used in connection with interstate or foreign telegraph services. In column A, enter the average value of property physically located in New York State. In column B, enter the average value of all property wherever located. Average value is the cost of real property without allowance for depreciation or amortization. It is generally computed on a quarterly basis, but you may use a more frequent basis such as monthly, weekly, or daily. Use the same method of valuation for real property within New York State and everywhere.
Line 32: Enter the average value of real property rented to you that you used in connection with interstate or foreign telegraph services. In column A, enter the average value of property physically located in New York State. In column B, enter the average value of all property wherever located. Determine the average value of real property rented to you by multiplying gross rents payable during the period covered by this return by eight. Gross rents include any amount payable as rent or instead of rent, such as interest, insurance, taxes, and repairs, plus amortization of leasehold improvements that revert to the lessor at the termination of the lease.
Line 33: Enter the average value of tangible personal property you owned that you used in connection with interstate or foreign telegraph services. In column A, enter the average value of property physically located in New York State. In column B, enter the average value of all property wherever located. Tangible personal property is physical personal property, such as machinery, tools, implements, goods, wares, and merchandise. It does not include money, deposits in banks, shares of stock, bonds, notes, credits, or evidences of an interest in property or debt, or intangible assets. Average value is the cost of tangible personal property without allowance for depreciation or amortization. It is generally computed on a quarterly basis, but you may use a more frequent basis such as monthly, weekly, or daily. Use the same method of valuation for tangible personal property both within New York State and everywhere.
Line 34: Enter the average value of tangible personal property rented to you that you used in connection with interstate or foreign telegraph services. In column A, enter the average value of property physically located in New York State. In column B, enter the average value of all property wherever located. Determine the average value of tangible personal property rented to you by multiplying gross rents payable during the period covered by this return by eight. See line 32 instructions for definition of gross rents.
Line 35: Enter the average value of intangible assets owned within New York State and everywhere that are used in connection with interstate or foreign telegraph services. Intangible assets include, but are not limited to, such items as patents, franchises, and copyrights. Average value is the cost of intangible assets without allowance for depreciation or amortization. It is generally computed on a quarterly basis, but you may use a more frequent basis such as monthly, weekly, or daily. However, you must use the same method of valuation for intangible assets within New York State and everywhere. Determine intangible assets to be within or outside New York State by allocating them to your home office.
Line 36: Enter the average value of extraterrestrial property within New York State and everywhere that is used in connection with interstate or foreign telegraph services. Extraterrestrial property refers to property such as communication satellites whether owned, rented, or leased. Average value is the cost without allowance for depreciation or amortization or, if rented, the gross rental times eight. To determine the average value of extraterrestrial property within New York State, multiply the average value of extraterrestrial property everywhere by a percentage determined as follows:
Average value of satellite repeater facilities, earth stations, or other satellite communication facilities within New York State used in connection with interstate or foreign transmission services. |
divided by |
Average value of satellite repeater facilities, earth stations, or other satellite communication facilities everywhere used in connection with interstate or foreign transmission services. |
Line 39: Enter the amount of receipts that comprise gross operating revenue from interstate telegraph transmission services, and multiply by the formula rule allocation percentage from line 38.
Line 40: Enter the amount of receipts that comprise gross operating revenue from foreign telegraph transmission services, and multiply by the formula rule allocation percentage from line 38.
Schedule D: Tax computation based on gross earnings from business in New York State
Line 44: Enter total gross receipts earned from trucking services everywhere, and multiply by the mileage allocation percentage computed on line 21. Cost of materials subsequently resold to customers may be deducted from gross receipts.
Line 46: Cable television operators—If all of your subscribers are in New York State, enter your gross receipts from all subscribers. If you provide cable service to service addresses outside of New York State, enter only your gross receipts from service addresses within New York State.
Line 49: Enter 100% of gross receipts from water transportation business both originating and terminating within New York State. However, allocate receipts from business beginning and ending in New York State but passing through another state or country (loop traffic) by multiplying revenue from water transportation by a percentage, where the numerator is miles in New York State and the denominator is miles everywhere. Allocate revenue from water transportation where the transportation originates or terminates in New York State but where there is no loop traffic involved, by multiplying such revenue by a percentage, where the numerator is working days within New York State and the denominator is working days everywhere. Attach your computation.
Working days are days during which a vessel is sufficiently staffed for the transportation of persons or cargo, or when it has cargo aboard. Compute the working time in hours and minutes. At the end of the year, convert such time for all vessels into days.
Line 50: Enter gross receipts from railroad transportation business both originating and terminating within New York State. Allocate receipts from business beginning and ending in New York State but passing through another state or country (loop traffic). To allocate, multiply revenue from railroad transportation by a percentage, where the numerator is miles in New York State and the denominator is miles everywhere. Attach your computation.
Line 51: Enter rental income received from use of real or tangible personal property within New York State. If tangible personal property is rented in New York State but used outside the state, include the rental income as gross earnings in New York State.
Line 52: Enter the amount of interest and dividends received from investments in other corporations and interest-bearing cash accounts. Allocate the interest and dividends to the home office where the item is held, managed, and controlled.
Line 53: Compute the profit on the sale or exchange of real and personal property on the basis of the original cost minus any expenses incurred in making the sale (such as advertising), not book value. Gain is allocated based on where the property is located or used.
Line 54: Enter the gains from the sale or exchange of United States and New York State government securities. Compute gain on the basis of original cost. You may deduct brokerage expenses. You may not reduce capital gains by capital losses. You may not use capital losses to reduce other receipts. Allocate gains to the home office unless the security is held, managed, and controlled by an office outside the home office’s state.
Line 55: Include on this line gross receipts from all other sources within New York State, including gross receipts received by freight forwarders. Attach a statement showing the method of allocation.
Schedule F: Composition of prepayments
If you need more space, write see attached in this section and attach a separate sheet showing all relevant prepayment information. Transfer the total shown on the attached sheet to line 9.
Line 63: Determine the amount to enter by completing the Worksheet for Line 63 below.
From the Form CT-300 used to report the MFI for the tax period for which this return is being filed (Note: That Form CT-300 was due March 15, 2023): | |
1. Enter the portion of line A (Payment enclosed) that represents New York State MFI paid: generally, the amount on line 6, column A of that Form CT-300 | 1. _______________ |
2. Enter the portion of line 5, column A actually applied toward satisfying the amount on line 2, column A: generally, the lesser of the amount on line 5, column A or the amount on line 2, column A of that Form CT-300. This is your 2022 anticipated overpayment applied | 2. _______________ |
3. Add the amounts on lines 1 and 2, and enter the total here and on Form CT-184, line 63 | 3. _______________ |
Line 66: Enter the amount reported on lines 16 and 19c of the Form CT-184 that you filed for the tax period immediately prior to the tax period for which this return is being filed.
Line 69: Enter the amount of credits that are refund eligible claimed on line 5 against your current year’s franchise tax. Do not include any amount of credits actually requested as a refund on line 19b or requested as an overpayment credited to next year’s tax on line 19c.