Employer Compensation Expense Program (ECEP) Employer Election
Participation in the optional Employer Compensation Expense Program (ECEP) is not automatic. Each year, you must elect to participate. Between October 1 and December 1, use our online ECEP Employer Election application to enroll for the next calendar year.
Note: If you are not already an active withholding tax filer with New York State, you must register before you can make this election.
To get started:
- Log in to your Business Online Services account, or create one. (To learn how to create an account, view our account creation demo.)
- Select the ≡ Services menu in the upper-left corner of your Account Summary homepage.
- Select Employment and withholding tax, then select ECEP Employer Election from the drop-down menu.
Important: Employers are not required to participate in the ECEP. If you choose to participate and make this election,
- the ability to revoke the election is limited (for more information, visit Revoking the Employer Compensation Expense Program (ECEP) employer election),
- it will remain in effect for the entire election period,
- you must pay the Employer Compensation Expense Tax (ECET) on all covered employees, and
- you must file all four quarterly ECET returns.
Who can make the election?
The person authorized to make the election will vary by the type of entity:
|If the employer is:||The election is made by:|
|a corporation (for profit or not for profit)||an authorized* officer or manager.|
|not a corporation (including a sole proprietorship and a partnership)||any member, owner, or other individual with authority to bind the entity or sign returns.|
|a trust||the unanimous consent of all the trustees.|
|a government entity||the chief executive officer.|
*Authorized means the officer or manager is authorized to make the election under the law of the state where the corporation is incorporated or under the employer’s organizational documents.