N.Y. Comp. Codes R. & Regs. tit. 20 § 6-2.5

Current through Register Vol. 46, No. 19, May 8, 2024

Section 6-2.5 - Filing combined reports

(Tax Law, section 210-C)

(a)

(1) As provided in this Subpart, a group of corporations may be required or, in the case of the commonly owned group election, permitted to file on a combined basis. To file on a combined basis, the designated agent of the group must file a completed combined report. The first year the designated agent of the group files on a combined basis, and each year thereafter in which the composition of the group changes, the designated agent of the group must include the following information with the report:

(i) the exact name, address, employer identification number and state of incorporation, or, in the case of an alien corporation, country of incorporation, of each corporation included in the combined report, including the designated agent; and

(ii) information showing that each of the corporations meets the capital stock requirement for the taxable year.

(2) In addition, the following information may be required to be submitted for the taxable year at another time, such as in conjunction with an audit:

(i) a statement providing details as to why a filed combined report includes only the corporations listed in subparagraph (1)(i) of this subdivision that meet the capital stock requirement and the details as to why the corporations listed pursuant to subparagraph (1)(ii) of this subdivision are excluded from that combined report;

(ii) except in the case of a combined report filed using the commonly owned group election, information establishing that each of the corporations included in the report meets the unitary business requirement with respect to the other corporations in the group; and

(iii) the exact name, address, employer identification number and state of incorporation or, in the case of an alien corporation, country of incorporation, of all corporations that meet the capital stock requirement for the taxable year, but are not included in the combined report.

(b) Generally, the filing of a combined report or the inclusion of a corporation in or the exclusion of a corporation from a combined report is subject to revision or disallowance on audit.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 6-2.5

Adopted New York State Register December 27, 2023/Volume XLV, Issue 52, eff. 12/27/2023