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Maintenance fee under Tax Law Article 9, section 181.2

The information on this page should not be relied on for tax years that first begin on or after January 1, 2015 as corportate tax reform repealed section 181 of the tax law.

If you are a foreign corporation (a business incorporated outside New York State) that is authorized to do business in New York State, you must pay an annual maintenance fee of $300.

Exemption from the maintenance fee

You are exempt from this fee if you are:

  • a banking corporation as defined in Article 32, section 1452(a), paragraphs 1 through 8;
  • an insurance corporation;
  • a limited liability company (LLC);
  • a limited liability partnership (LLP);
  • a publicly traded partnership taxed as a corporation under the Internal Revenue Code; or
  • a corporation that:
    • has been approved to participate in the START-UP NY program, and
    • is accepted to locate in a tax-free NY area, and
    • is located exclusively within the state in a tax-free NY area approved pursuant to Article 21 of the Economic Development Law, and
    • operates at the approved location in the tax-free NY area, and
    • satisfies the requirements of section 433(1)(b) of the Economic Development Law.

For more information on the START-UP NY program, see TSB-M-13(7)C, SUNY Tax-Free Areas to Revitalize and Transform Upstate New York Program.

How and when to file

If you are a foreign corporation that is authorized to do business in New York State and wish to disclaim tax liability, you must file Form CT-245, Maintenance Fee and Activities Return For a Foreign Corporation Disclaiming Tax Liability, within 2½ months after the end of your annual reporting period.

If you are required to file a tax return under Article 9, 9-A, or 32, or the additional MTA surcharges associated with those returns, or any of the excise taxes imposed under Article 9, and the payments you made for those taxes total less than the $300 maintenance fee, you must adjust your tax to meet the maintenance fee requirement.

For more information about the requirements for paying the annual maintenance fee, see Form CT-245 Instructions.

For information about Corporate Tax reform taking place in 2015, click here.

Updated: January 09, 2015