Free CT-43 - New York


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Date: September 22, 2008
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State: New York
Category: Tax Forms
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CT-43

New York State Department of Taxation and Finance

Claim for Special Additional Mortgage Recording Tax Credit
Tax Law -- Article 9, Sections 183, 184, 185, and 186 Articles 9-A, 32, and 33
beginning All filers must enter tax period: ending
Employer identification number

Name

Please read instructions on page 2. Attach this form to your franchise tax return.
1 Special additional mortgage recording tax due and paid during current tax year that qualifies for the credit (see instructions) .................................................................................. 2 Unused special additional mortgage recording tax credit from preceding period ................... 3 Total available tax credit (add lines 1 and 2) .............................................................................. 1. 2. 3.

Computation of special additional mortgage recording tax credit used and available to be carried forward
4 Tax (see below*) ....................................................................... 4. 5 Tax credits claimed before the special additional mortgage recording tax credit (see instructions) .................... 5. 6 Subtotal (subtract line 5 from line 4) ............................................ 6. 7 Minimum tax (see below**) ........................................................ 7. 8 Limitation on credit used (subtract line 7 from line 6; if less than zero, enter 0) ................................................................ 8. 9 Special additional mortgage recording tax credit used this period (enter the lesser of line 3 or line 8 and transfer the result to your franchise tax return) ................................................. 10 Unused special additional mortgage recording tax credit available for carryforward (subtract line 9 from line 3) ......................................................................................................

9. 10.

Refund or credit and carryforward of special additional mortgage recording tax credit (Article 9-A taxpayers only)
11 Amount of recording tax included on line 1 for recording of residential mortgages only
(see instructions) .................................................................................................................... 11.

12 Amount of special additional mortgage recording tax credit eligible for refund or credit (enter lesser of line 10 or line 11) ........................................................................................ 13 Balance to be refunded (enter the amount from line 12 to be refunded) ................................ 14 Balance to be credited as an overpayment (enter the amount from line 12 to be credited) .... 15 Amount of carryforward (subtract lines 13 and 14 from line 10) ............................................
If you filed:

12. 13. 14. 15.

Form CT-3 ............................ Form CT-3-A ........................ Form CT-3-S ........................ Form CT-32 or CT-32-A ....... Form CT-32-S ...................... Form CT-33 .......................... Form CT-33-A ...................... Form CT-33-NL .................... Form CT-183 ........................ Form CT-184 ........................ Form CT-185 ........................ Form CT-186 ........................

** Enter on line 7 the minimum * Enter on line 4 the amount from: tax shown below: Line 78 ..................................................................... amount from CT-3, line 81 Line 77 ..................................................................... amount from CT-3-A, line 80 Line 25 ..................................................................... amount from CT-3-S, line 23 Schedule A, line 5 ..................................................................... 250 Line 10 ...................................................................................... 250 Line 11 ...................................................................................... 250 Line 15 ............................................................(see instructions for line 7 on page 2) Line 5 ....................................................................................... 250 Line 4 ........................................................................................ 75 Line 3 or line 4 .......................................................................... 0 Line 6 ........................................................................................ 10 Line 5 ........................................................................................ 125

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CT-43 (2008)

Instructions
sale of real property on which the special additional mortgage recording tax credit was claimed must be increased, in the case of a gain, or decreased, in the case of a loss, when all or any portion of the credit was used in the basis for computing federal gains.

General information
Transition provisions for utility and pipeline corporations Any portion of the special additional mortgage recording tax credit allowed that was not applied against the tax due under Tax Law sections 183, 184, or 186 for any tax year ending on or before December 31, 2000, may be claimed under Article 9-A. If you file one of the following franchise tax returns, you may claim as a credit against your franchise tax certain special additional mortgage recording tax you paid. Form number Tax Law CT-3, CT-3-A, and CT-3-S .........................Article 9-A CT-32, CT-32-A, and CT-32-S ................Article 32 CT-33, CT-33-A, and CT-33-NL ..............Article 33 CT-183 .............................Article 9 CT-184 .............................Article 9 CT-185 .............................Article 9 CT-186 .............................Article 9 Reference to credit sections 210.17 and 210.21 section 1456(c) section 1511(e) section 187.1 section 187.1 section 187.1 section 187.1

Line instructions
Complete the beginning and ending tax period boxes in the upper right corner on the front of the form. Line 1 -- Also include any amount of special additional mortgage recording tax credit received from a flow-through entity. Attach a statement showing the name, employer identification number (EIN), and amount of credit received from each entity. Line 5 -- If you are claiming more than one tax credit for this year, enter the amount of credit(s) you wish to apply against your franchise tax due before the application of the special additional mortgage recording tax credit. Otherwise, enter 0. You must apply certain credits before the special additional mortgage recording tax credit. Refer to the instructions of your franchise tax return to determine the order of credits that applies. Article 9-A taxpayers: Refer to Form CT-600-I, Instructions for Form CT-600, Ordering of Corporation Tax Credits. If you are included in a combined return, include any amount of tax credit(s), including special additional mortgage recording tax credit(s), being claimed by other members of the combined group that you wish to apply before your special additional mortgage recording tax credit. Life insurance corporations: Do not enter on this line any amount of empire zone (EZ) wage tax credit(s), zone equivalent area (ZEA) wage tax credit(s), or EZ capital tax credit(s) you may be claiming. If you are included in a combined return, do not include any amount of these credits being claimed by other members of the combined group. Line 7 -- Article 33 combined filers (using Form CT-33-A): Multiply the number of taxpayers in the combined group by $250 and enter the result here. Article 9-A taxpayers only: To claim a credit or refund of the special additional mortgage recording tax credit, complete lines 11 through 15. Line 11 -- Enter only that amount from line 1 that represents special additional mortgage recording tax due and paid during the current tax year for recording of residential mortgages. To avoid an unnecessary exchange of funds, we will apply the refundable portion of the tax credit to any unpaid balance of the franchise tax and metropolitan transportation business tax (MTA surcharge) and refund the remaining balance. Enter the line 13 amount on Form CT-3, line 99a; Form CT-3-A, line 100a; or Form CT-3-S, line 50. Enter the line 14 amount on Form CT-3, line 99b; Form CT-3-A, line 100b; or Form CT-3-S, line 51.

A tax credit is not allowed for the special additional mortgage recording tax paid on residential mortgages (defined below) recorded on or after May 1, 1987, if the real property is located in Erie County or any of the counties within the Metropolitan Commuter Transportation District (MCTD). The MCTD includes the counties of New York, Bronx, Queens, Kings, Richmond, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester. A residential mortgage is defined as a mortgage of real property that has been or will be principally improved by one or more structures containing a total of not more than six residential dwelling units, each with its own separate cooking facilities. Article 9-A taxpayers who paid the special additional mortgage recording tax on residential mortgages in any tax year beginning before 1986 may not carry forward unused special additional mortgage recording tax credit relating to these residential mortgages. For tax years beginning on or after January 1, 1986, and before January 1, 1990, and tax years beginning in or after 1994, in lieu of a carryforward, these taxpayers may elect to treat the unused portion of special additional mortgage recording tax credit as an overpayment of tax to be credited or refunded. See TSB-M-94(4)C, Refundable Special Additional Mortgage Recording Tax Article 9-A Corporations for more information. For tax periods beginning in and after 1994, New York S corporations taxable under Article 9-A may apply this credit against the franchise tax, carry it forward, or treat it as an overpayment of tax as discussed above. Credit earned by the S corporation does not flow through to the shareholders to be claimed against their personal income tax liability. When claiming this credit, you must add back, to your entire net income, the amount of the special additional mortgage recording tax used as a deduction in the computation of federal taxable income. (See TSB-M-87(7)C, Special Additional Mortgage Recording Tax Credit Disallowed on Certain Real Property and TSB-M-87(10)C, Special Additional Mortgage Recording Tax Credit Disallowed on Certain Real Property Located in Erie County for more information.) For corporations filing Form CT-3, CT-3-A, CT-3-S, CT-32, CT-32-A, CT-32-S, CT-33, or CT-33-A, the gain or loss on the

Need help?
Internet access: www.nystax.gov (for information, forms, and publications) Fax-on-demand forms: To order forms and publications: Corporation Tax Information Center: From areas outside the U.S. and outside Canada: Text Telephone (TTY) Hotline (for persons with hearing and speech disabilities using a TTY): 1 800 748-3676 1 800 462-8100 1 888 698-2908 (518) 485-6800

1 800 634-2110

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