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The CT-6 form is an essential document for corporations wishing to elect S Corporation status in New York as it streamlines the tax process for qualified businesses. This form is issued by the Department of Taxation and Finance and allows federal S Corporations to be recognized as New York S Corporations, ensuring compliance with state tax laws. When filling out the CT-6 form, a corporation must provide important details such as its legal name, employer identification number, and address, as well as information about owners and shareholders. Key areas include the effective date of the election, the total number of shareholders, and the number of those who are nonresidents of New York State. Each shareholder must also consent and affirm their information for the election to be valid, agreeing to include all relevant amounts in their New York taxable income. Proper signatures and certifications from both shareholders and an authorized person are crucial for the form’s acceptance, ensuring its completeness and accuracy. With careful attention to each detail, businesses can successfully navigate the process of being classified as a New York S Corporation, benefiting from potential tax advantages while meeting state requirements.

Form Sample

Department of Taxation and Finance

CT-6

Election by a Federal S Corporation

to be Treated As a New York S Corporation

(12/20)

 

Employer identification number

address

 

Legal name of corporation

 

 

DBA or trade name (if any)

 

Mailing name (if different from legal name)

 

 

 

Mailing

 

c/o

 

Number and street or PO box

 

 

City

This election is to be effective for the tax year beginning

(retroactive elections: see instr.)

 

 

Mark an X in the box

 

 

 

 

 

 

 

 

if federal election is pending

 

 

 

 

 

 

 

Telephone number

 

 

(   )

 

 

State of incorporation

Date of incorporation

 

 

Date began business

 

 

 

 

 

in New York State

State

ZIP code

Number of shares issued and outstanding

For office use only

Date received

The federal election to treat the corporation as an S corporation is effective for the tax year beginning

Total number of shareholders

Number of shareholders who are nonresidents of New York State

Indicate the month and day your tax year ends

Shareholders’ unanimous consent and individual affirmation: By signing below each shareholder of the above corporation elects to include all amounts required by Tax Law, Article 22, section 660, in computing his or her New York taxable income and certifies that the personal information given below is to the best of his or her knowledge and belief true, correct, and complete.

See instructions if a continuation sheet or a separate consent statement is needed.

A

B

 

C

D

Name and address

Social Security

Stock owned or percentage of

Shareholder’s signature (see instructions)

of each shareholder

number or employer

ownership (see instructions)

For this election to be valid, all shareholders

(include ZIP code)

identification number

 

 

 

must signify consent by signing below.

Number of shares

 

Date

 

 

 

 

 

 

or percentage of

 

acquired

 

 

 

ownership

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certification: I certify that this election and any attachments are to the best of my knowledge and belief true, correct, and complete.

Authorized

Printed name of authorized person

 

Signature of authorized person

 

 

Official title

 

person

Email address of authorized person

 

 

 

 

Telephone number

 

 

Date

 

 

 

 

 

 

(

)

 

 

 

 

 

 

Paid

Firm’s name (or yours if self-employed)

 

 

 

Firm’s

EIN

 

 

 

 

Preparer’s PTIN or SSN

preparer

 

 

 

 

 

 

 

 

 

Signature of individual preparing this election

Address

 

City

 

State

ZIP code

use

 

 

 

 

 

 

 

 

 

 

 

 

 

only

 

 

 

 

 

 

 

 

 

 

Email address of individual preparing this election

 

 

Preparer’s NYTPRIN

 

or

Excl. code

Date

 

(see instr.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fax form to: 518-435-8605 (see instructions)

Document Specifications

Fact Name Description
Purpose of CT-6 Form This form is used by federal S corporations to elect to be treated as New York S corporations.
Governing Law The form is governed by New York Tax Law, Article 22, section 660.
Effective Date The election is effective for the tax year beginning as specified on the form.
Unanimous Consent All shareholders must provide their consent by signing the form for it to be valid.
Information Required The form requests details such as employer identification number, legal name, and mailing address.
Tax Compliance Certification Shareholders must affirm that the information provided is accurate and complete.
Nonresident Shareholders The number of shareholders who are nonresidents of New York State must be reported.
Filing Instructions The completed form should be faxed to 518-435-8605 for processing.

Steps to Filling Out Fill Out Ct 6

Filling out the CT-6 form is an essential process for businesses seeking to elect to be treated as a New York S Corporation. Understanding each step is crucial to ensure accuracy and compliance. Once completed, the form will need to be submitted to the appropriate tax authority, along with any required attachments or consents.

  1. Obtain the form: Access the CT-6 form from the New York Department of Taxation and Finance website or your local tax office.
  2. Fill in your corporation details: Start by entering your corporation's legal name, employer identification number, and mailing address. If you operate under a trade name, include that as well.
  3. Enter incorporation information: Specify the state of incorporation, date of incorporation, and the date the business began operations in New York State.
  4. Provide business statistics: Fill in the total number of shares issued and outstanding, and the total number of shareholders. Indicate how many of those shareholders are nonresidents of New York State and provide your tax year end date.
  5. Federal election status: Mark the box if your federal election to treat the corporation as an S corporation is pending.
  6. Shareholder consent: List each shareholder's name, address, Social Security number (or employer ID), stock owned or percentage of ownership, and have each shareholder sign to indicate their consent.
  7. Authorized person information: The authorized person must print their name, official title, sign, and provide their contact information, including email address and phone number.
  8. Preparation details: If someone else has prepared the form, include their name, EIN or Social Security number, and contact details for verification purposes.
  9. Review and double-check: Carefully review all entered information for accuracy and completeness before submitting.
  10. Submit the form: Fax the completed CT-6 form to the number provided in the instructions, ensuring to keep a copy for your records.

More About Fill Out Ct 6

What is the purpose of the CT-6 form?

The CT-6 form is used by a federal S corporation to elect to be treated as a New York S corporation. This allows the corporation to benefit from certain state tax advantages while reporting income, losses, and deductions to its shareholders.

Who should file the CT-6 form?

The CT-6 form should be filed by corporations that have elected to be treated as an S corporation at the federal level and wish to obtain the same treatment in New York State. All shareholders must consent for the election to be valid.

What information is required on the CT-6 form?

The form requires basic information such as the employer identification number, legal name of the corporation, mailing address, state of incorporation, date of incorporation, business commencement date in New York State, and the number of shares issued. Additionally, it requires details about the shareholders, including their names, addresses, Social Security numbers, and stock ownership percentages.

When is the election effective?

The election is effective for the tax year that begins on the specified date. For retroactive elections, instructions must be followed carefully to ensure compliance. It’s important to mark any pending federal elections if applicable.

What is the importance of shareholder consent?

All shareholders must provide their consent by signing the CT-6 form. This affirmation is critical as it confirms that they agree to include the necessary amounts in calculating their New York taxable income. It ensures the election is valid and meets state requirements.

Can I prepare the CT-6 form myself or should I hire a professional?

While you can prepare the CT-6 form yourself, it may be beneficial to consult a tax professional. They can help ensure that the form is filled out correctly and that all necessary information is included, which can prevent potential delays or complications with the filing process.

What happens after I submit the CT-6 form?

After submission, the form will be reviewed by the Department of Taxation and Finance. If accepted, the election will be recorded in their system. It’s advisable to keep a copy of the submitted form for your records and any communications from the department regarding the approval or additional requirements.

Where can I find additional instructions for completing the CT-6 form?

Additional instructions are included with the CT-6 form itself. The New York State Department of Taxation and Finance website also provides relevant guidance and resources for completing the form and understanding associated requirements.

Common mistakes

  1. Incorrect Employer Identification Number (EIN): Ensure the EIN provided is accurate and corresponds to the federal S Corporation.

  2. Missing Legal Name of Corporation: It is vital to list the legal name as it appears on official documents.

  3. Incomplete Mailing Information: Include complete mailing details, especially if different from the legal name.

  4. Failure to Specify Effective Tax Year: Clearly indicate the tax year for which the election is intended, especially for retroactive elections.

  5. Neglecting to Mark Pending Federal Election: If applicable, be sure to mark the box indicating a pending federal election.

  6. Overlooking Shareholder Consent: All shareholders must sign to validate the election. Missing signatures may render it invalid.

  7. Inaccurate Shareholder Information: Verify that each shareholder's name, address, and Social Security number are correct.

  8. Incorrect Information about Stock Ownership: Clearly state the percentage of stock ownership and ensure accuracy.

  9. Failure to Review Certification Section: Ensure the authorized person’s certification is complete, including their contact information and official title.

Documents used along the form

The Fill Out CT-6 form is crucial for corporations seeking to make an S Corporation election in New York. However, several other forms and documents are commonly used in conjunction with this election to ensure compliance and proper documentation. Each of these documents plays a vital role in the overall process.

  • CT-2553: This is the IRS form that corporations must file to elect S Corporation status at the federal level. It is pivotal because the New York State election is dependent on the federal election being approved.
  • CT-6 Election Consent: This document collects consent from all shareholders for the S Corporation election. It must be signed by all shareholders, ensuring their agreement to the tax implications of this status.
  • Form SS-4: This is the application for an Employer Identification Number (EIN). An EIN is required for tax purposes and to open a corporate bank account, making this form essential for any business entity.
  • Form IT-204: This is the New York State Partnership Return. If the S Corporation has partners or operates through a partnership structure, this form assists in reporting income and distributions.
  • Form CT-3: This is the New York Corporation Franchise Tax Return. After electing S Corporation status, this form is used to report the corporation’s income and tax obligations to the state.
  • Bylaws or Operating Agreement: These internal documents outline the governance of the corporation. They specify how decisions are made, who has authority, and shareholder rights, providing clarity on internal operations.
  • Shareholder Agreements: This document ensures all shareholders understand their rights and obligations. It prevents disputes among shareholders regarding ownership percentages and profit distributions.

Having these forms and documents in order is imperative for a corporation to successfully navigate the election process and maintain compliance with both federal and state regulations. Each document serves a unique purpose and helps facilitate a smooth transition to S Corporation status.

Similar forms

The CT-6 form, which allows a federal S Corporation to elect to be treated as a New York S Corporation, shares similarities with the IRS Form 2553. Both forms enable corporations to elect S Corporation status, providing tax benefits under specific conditions. Form 2553 requires the business to provide information such as the name, address, the number of shareholders, and their consent. Just like the CT-6, this IRS form also asks for shareholder signatures, affirming their agreement to elect S Corporation status and acknowledging the conditions that come with this election.

An additional document related to the CT-6 is the IRS Form 1120S. This form is used by S Corporations to report income, deductions, and credits annually. Similar to the CT-6 form that establishes the entity’s status, Form 1120S requires detailed information about the corporation's finances. Both forms focus on the corporation's structure and tax obligations and often need to align information across state and federal forms to ensure compliance and avoid issues with tax liabilities.

The CT-6 is also similar to the New York State Corporation Franchise Tax return, commonly referred to as Form CT-3. The Franchise Tax applies to corporations conducting business in New York, and any company electing S Corporation status must complete this tax form alongside the CT-6. Both documents focus on income reporting and can influence the tax liabilities of the corporation, reinforcing the need for consistency and accuracy in the financial details provided.

Additionally, the CT-6 mirrors the New York State Form IT-201, which is the Resident Income Tax Return. Individual shareholders who are residents of New York State must report their share of corporate income on this form. The interplay between the CT-6 and IT-201 demonstrates a seamless connection between corporate tax elections and individual tax reporting, highlighting the importance of shareholders' compliance with state tax regulations.

The CT-6 form also has similarities with the Form 1065, which is used for partnerships. As with the CT-6, this form provides a framework for electing an entity structure that affects how income is reported and taxed. Both forms require the respective entity to disclose information about ownership and shareholder agreements, emphasizing the necessity of collaborative consent among stakeholders when determining tax treatment.

In a more general context, the CT-6 resembles the various state-specific S Corporation election forms used in other states. Just like the CT-6, these forms allow federal S Corporations to elect state S Corporation status, thereby providing similar tax advantages. Each state-specific form will have its own requirements but maintains the core objective of granting S Corporation status at the state level, dependent on the original federal election.

Moreover, the CT-6 can be compared to the IRS Schedule K-1 (Form 1120S), which is issued to shareholders of S Corporations. This schedule reports their share of the corporation’s income, deductions, and credits. Both the CT-6 and Schedule K-1 are interconnected, as the election to be treated as an S Corporation through the CT-6 directly influences the information reported to each shareholder on their K-1, making accuracy and transparency critical for all parties involved.

Finally, the CT-6 reflects similarities with the Articles of Incorporation, where businesses define their structure and operational guidelines. While the CT-6 specifically addresses tax election status, both documents are foundational for a corporation's legal and operational framework. They require details regarding ownership, business operations, and compliance with relevant state laws, emphasizing their complementary roles in shaping a corporation’s legal identity.

Dos and Don'ts

When filling out the CT-6 form, there are important dos and don’ts to consider for accuracy and compliance.

  • Do double-check the employer identification number for correctness.
  • Do ensure every shareholder signs the consent section; their signatures are required for validation.
  • Do provide complete and accurate information in all sections, including social security numbers and addresses.
  • Do review the instructions for any specific requirements, including retroactive elections.
  • Don't leave any fields blank; incomplete forms may be rejected.
  • Don't forget to indicate if a federal election is pending by marking the appropriate box.
  • Don't submit the form without verifying that all shareholders are aware and have consented.
  • Don't neglect to include the telephone number of the authorized person for communication purposes.

Misconceptions

When it comes to filling out the CT-6 form, several misconceptions can lead to confusion. Here are four of the most common misunderstandings that people have about this important form:

  • Only New York-based S corporations need to fill out the CT-6 form. In fact, any federal S corporation intending to be treated as an S corporation in New York must complete this form, regardless of where the company was originally established.
  • The CT-6 form can be submitted at any time without any consequences. This is misleading. The effective date for the S corporation election is critical, and filing the CT-6 after the deadline may result in a delayed or invalid election, affecting tax obligations.
  • If a federal S corporation is pending, the CT-6 can still be filed seamlessly. Filing a CT-6 while a federal election is pending can complicate matters. It's important to clearly indicate the status on the form to avoid misunderstandings with tax authorities.
  • All shareholders must be residents of New York for the CT-6 to be valid. This is not true. The form allows for nonresident shareholders. However, it is necessary to accurately report the number of nonresident shareholders, as this information is part of the election process.

Understanding these misconceptions can help streamline the process and ensure that the CT-6 form is filled out correctly and submitted on time. Always refer to the latest instructions or seek assistance if unsure about any aspect of the form.

Key takeaways

When dealing with the CT-6 form, there are key details every corporation should know to ensure a smooth process. Here are some essential takeaways:

  • Understand the Purpose: The CT-6 form allows a federal S Corporation to be treated as a New York S Corporation for tax purposes.
  • Gather Information: Collect the necessary information including the corporation’s legal name, address, and employer identification number.
  • Effective Date: The election can be effective for the tax year beginning; ensure you mark this correctly.
  • Pending Federal Election: If there’s a pending federal election, be sure to indicate this by checking the appropriate box.
  • Shareholder Consent: Every shareholder must provide unanimous consent by signing the form. This is crucial for the election's validity.
  • Corporate Details: Fill in key corporate details, such as the date of incorporation and the number of shares issued.
  • Nonresident Shareholders: It’s important to disclose the number of shareholders who are nonresidents of New York State.
  • Authorized Person: An authorized person must certify the accuracy of the information and provide their contact details.
  • Preparer Information: If a preparer assists with the form, include their name, PTIN or SSN, and firm’s EIN in the necessary sections.
  • Submission: Once completed, fax the form to the number specified in the instructions to submit your election.

By keeping these points in mind, you can navigate the CT-6 form with more confidence and clarity. Ensuring that all details are correct facilitates compliance and can help avoid issues with tax authorities in the future.