Free CT-247 - New York

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CT-247
(8/08)

New York State Department of Taxation and Finance

Application for Exemption from Corporation Franchise Taxes by a Not-for-Profit Organization
Employer identification number For office use only

Mailing name and address

Legal name of corporation

Mailing name (if different from legal name)

c/o
Number and street or PO box City State ZIP code

Principal business activity

Date tax exemption claimed from

For audit use only

Form of organization (mark an X in the appropriate box) Corporation Date of formation Association Trust Other

Business/officer telephone number

(

)
Taxable Exempt

State or country of incorporation

Indicate exact name of the law under which the entity was formed (general corporation, not-for-profit, membership, etc.). Cite statutory provisions.

Federal return was filed on (mark an X in one): Form 990 Form 990T Form 1120 Other: For lines 1 through 7, mark an X in the Yes or No box 1 Is the entity organized and operated as a notforprofit organization? ...................................................................... Yes 2 Is the entity authorized to issue capital stock? (If Yes, also mark an X in the appropriate box below.) .................... Yes Title holding company Collective investment Other: List shareholders: 3 Does any part of the net earnings of the organization benefit any officer, director, or member? ............................. Yes 4 Does the entity meet the qualifications for exemption from federal income tax? (See General information on page 2.) ......... Yes If No, stop. You do not qualify as an exempt organization. 5 Did the entity apply for federal exemption? .............................................................................................................. Yes If Yes, indicate date of exemption . Attach a copy of your federal exemption letter. 6 Is the entity engaged in an unrelated business activity at a location in New York State? ......................................... Yes 7 Is the entity operating as a trust under Internal Revenue Code (IRC) section 401(a) and exempt from federal income tax under IRC section 501(a)? ................................................................................................................. Yes 8 List location and type of activity for each office and other places of business (attach separate sheet if necessary). Location Nature of activity

No No

No No

No

No

No

9 List officers, employees, agents, and representatives in New York State and briefly describe their duties (attach separate sheet if necessary). Name Title Duties

10 List type and use of real property owned in New York State (attach separate sheet if necessary). Type How used

11 Describe any New York State activities not shown above (attach separate sheet if necessary). Certification: I certify that this application and any attachments are to the best of my knowledge and belief true, correct, and complete. Willfully filing a false application is a misdemeanor punishable under the Tax Law. Authorized person Paid preparer use only
Signature of authorized person E-mail address of authorized person Official title Date ID number Address City State Date ZIP code

Firm's name (or yours if self-employed) Signature of individual preparing this application E-mail address of individual preparing this application

Page 2 of 2 CT-247 (8/08)

General information
Certain notforprofit and religious corporations are exempt from the New York State (NYS) corporation franchise tax imposed by Tax Law Article 9A (Article 9A regulations, section 13.4(b)(6)). You must file Form CT247 to apply for exemption. Generally, a corporation or an organization treated as a corporation must meet all of the following requirements to be tax exempt: · · It must be organized and operated as a notforprofit organization. It must not have stock, shares, or certificates for stock or for shares. Notforprofit corporations that issue stock are taxable under Article 9A. However, for tax years beginning on or after January 1, 1987, title holding companies as described in IRC section 501(c)(2), and collective investment entities as described in IRC section 501(c)(25), are exempt from tax under Article 9A. For additional information, see TSBM87(9)C, Exemption for Title Holding Companies (THC) and Collective Investment Entities (CIE). No part of its net earnings may benefit any officer, director, or member. It must be exempt from federal income taxation under IRC section 501, subsection (a). Refund of franchise taxes If the organization paid franchise taxes in error, request a refund by filing Form CT8, Claim for Credit or Refund of Corporation Tax Paid. A housing development fund company must submit proof that it was organized under Private Housing Finance Law Article 11. Mail this application to:
NYS TAX DEPARTMENT CORPORATION TAX W A HARRIMAN CAMPUS ALBANY NY 12227

Private delivery services If you choose, you may use a private delivery service, instead of the U.S. Postal Service, to mail in your return and tax payment. However, if, at a later date, you need to establish the date you filed your return or paid your tax, you cannot use the date recorded by a private delivery service unless you used a delivery service that has been designated by the U.S. Secretary of the Treasury or the Commissioner of Taxation and Finance. (Currently designated delivery services are listed in Publication 55, Designated Private Delivery Services. See Need help? for information on obtaining forms and publications.) If you have used a designated private delivery service and need to establish the date you filed your return, contact that private delivery service for instructions on how to obtain written proof of the date your return was given to the delivery service for delivery.

· ·

If the organization meets all of the above requirements, it will be presumed to be exempt from tax under Tax Law Article 9A. An organization denied exemption from taxation under the IRC will be presumed to be subject to tax under Article 9A. An organization whose tax exempt status has been revoked and later restored by the Internal Revenue Service (IRS), must file a new application on Form CT247. The new application must be approved before any taxexempt status under Article 9A is restored. Notforprofit, nonstock organizations that are subject to the federal tax on unrelated business income are taxable under New York State Tax Law Article 13, if they pursue those unrelated business activities in New York State. File Form CT13, Unrelated Business Income Tax Return, to report those activities. Organizations required to file federal Form 1120 may be taxable under Article 9A and may be required to file Form CT3, General Business Corporation Franchise Tax Return, or Form CT4, General Business Corporation Franchise Tax Return Short Form. When filing Form CT247, submit all documents granting or denying exemption from tax by the IRS, the corporation's articles of incorporation, and its bylaws. Promptly report any changes in the corporation's federal tax status to the NYS Tax Department. Any exemption granted by the filing of Form CT247 is strictly for New York State corporation franchise tax. For federal exemption, contact the IRS. Any inquiry on the taxable status of an organization must be in writing, signed by an officer of the organization, and mailed to the address below.

Need help?
Internet access: www.nystax.gov (for information, forms, and publications) Fax-on-demand forms: 1 800 7483676

Telephone assistance is available from 8:00 A.M. to 5:00 P.M. (eastern time), Monday through Friday. To order forms and publications: 1 800 4628100 Corporation Tax Information Center: 1 888 6982908 From areas outside the U.S. and outside Canada: (518) 4856800 Text Telephone (TTY) Hotline (for persons with hearing and speech disabilities using a TTY): 1 800 6342110

Persons with disabilities: In compliance with the Americans with Disabilities Act, we will ensure that our lobbies, offices, meeting rooms, and other facilities are accessible to persons with disabilities. If you have questions about special accommodations for persons with disabilities, please call 1 800 9721233. Privacy notification The Commissioner of Taxation and Finance may collect and maintain personal information pursuant to the New York State Tax Law, including but not limited to, sections 5a, 171, 171a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may require disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)(i). This information will be used to determine and administer tax liabilities and, when authorized by law, for certain tax offset and exchange of tax information programs as well as for any other lawful purpose. Information concerning quarterly wages paid to employees is provided to certain state agencies for purposes of fraud prevention, support enforcement, evaluation of the effectiveness of certain employment and training programs and other purposes authorized by law. Failure to provide the required information may subject you to civil or criminal penalties, or both, under the Tax Law. This information is maintained by the Director of Records Management and Data Entry, NYS Tax Department, W A Harriman Campus, Albany NY 12227; telephone 1 800 2255829. From areas outside the United States and outside Canada, call (518) 4856800.