Maintenance fee under Tax Law Article 9, section 181.2

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); or
  • a publicly traded partnership taxed as a corporation under the Internal Revenue Code.

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.

Updated: December 16, 2013