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Definitions for Article 9-A corporations

Information on this page relates to a tax year that began on or after January 1, 2023, and before January 1, 2024.

A general business corporation that is subject to tax under Article 9-A is every corporation except:

  • an insurance corporation (including certain for-profit HMOs) (Article 33);
  • a transportation and transmission corporation (other than aviation corporations, corporations principally engaged in transportation, transmission, or distribution of gas, electricity, or steam (TTD corporations), and non-electing railroad and trucking corporations) (Article 9);
  • certain cooperative corporations;
  • a nonstock or not-for-profit corporation, no part of whose net earnings inures to the benefit of any officer, director, or member;
  • a continuing section 186 taxpayer (Article 9).

The tax rates and fixed dollar minimum tax amounts provided on this page are for New York C Corporations only.

The business income base equals federal taxable income, modified for items of income and deduction that New York treats differently, minus investment income and other exempt income, that is apportioned to New York State. The current tax rates for business income are as follows: 

 Business income tax rate
Taxpayer Tax rate
Qualified New York manufacturers 0.00
Qualified emerging technology companies 0.04875
General business taxpayers with a business income base of more than $5,000,000 0.0725
All other general business taxpayers 0.065

The business capital base is the total business capital apportioned to New York State after deducting short-term and long-term liabilities attributable to assets. The current tax rates for business capital are as follows:

 Business capital tax rate
Taxpayer Tax rate
Qualified NY manufacturers, qualified emerging technology companies, cooperative housing corporations, and small business taxpayers 0.00
All other general business taxpayers 0.001875

The tax on capital is limited to $5,000,000 for general business taxpayers.

The fixed dollar minimum tax is determined by the corporation's New York State receipts. The current amounts of the fixed dollar minimum tax are as follows:

Fixed dollar minimum tax for general business taxpayers

 General
For a corporation with New York State receipts of: Tax
Not more than $100,000 $25
More than $100,000 but not over $250,000 $75
More than $250,000 but not over $500,000  $175
More than $500,000 but not over $1,000,000  $500
More than $1,000,000 but not over $5,000,000  $1,500
More than $5,000,000 but not over $25,000,000  $3,500
More than $25,000,000 but not over $50,000,000  $5,000
More than $50,000,000 but not over $100,000,000 $10,000
More than $100,000,000 but not over $250,000,000 $20,000
More than $250,000,000 but not over $500,000,000 $50,000
More than $500,000,000 but not over $1,000,000,000 $100,000
Over $1,000,000,000 $200,000

Fixed dollar minimum tax for qualified New York manufacturers and qualified emerging technology companies

QETCs
For a corporation with New York State receipts of: Tax
Not more than $100,000 $19
More than $100,000 but not over $250,000 $56
More than $250,000 but not over $500,000 $131
More than $500,000 but not over $1,000,000 $375
More than $1,000,000 but not over $5,000,000 $1,125
More than $5,000,000 but not over $25,000,000 $2,625
Over $25,000,000 $3,750

Fixed dollar minimum tax for non-captive real estate investment trusts and non-captive regulated investment companies 

REITs and RICS
For a corporation with New York State receipts of: Tax
Not more than $100,000 $25
More than $100,000 but not over $250,000 $75
More than $250,000 but not over $500,000 $175
Over $500,000 $500

The metropolitan transportation business tax (MTA surcharge) applies to corporations that do business, employ capital, own or lease property, maintain an office, or derive receipts from activity, in the Metropolitan Commuter Transportation District (MCTD). The MCTD includes the counties of New York (Manhattan), Bronx, Kings (Brooklyn), Queens, Richmond (Staten Island), Rockland, Nassau, Suffolk, Orange, Putnam, Dutchess, and Westchester.

Estimated tax is the amount of estimated franchise tax for the current tax year minus the amount of estimated allowable tax credits for the current tax year. A corporation doing business in the Metropolitan Commuter Transportation District that owes estimated franchise tax must also pay an estimated MTA surcharge.

Updated: