20 NYCRR § 6-4.2

Time for filing reports of corporations ceasing to exercise franchise or be subject to tax

Official textus-ny/regstax.ny.gov

(Tax Law, section 211(1))

# (a)

A domestic corporation that ceases to exercise its franchise is required to file a report on the date of cessation or at such other times as the commissioner may require covering each year or period for which no report was filed. The report is required in any such case whether the corporation continues in existence and remains subject to article 9-A or is dissolved and ceases to be subject to tax.

# (b)

A foreign corporation that ceases to do business in New York State or to employ capital, or to own or lease property in this State in a corporate or organized capacity, or to maintain an office in this State, or to derive receipts from activity in this State and, thus, ceases to be subject to tax under article 9-A, or any corporation that ceases to be subject to tax under article 9-A because of a change of classification, is required to file a report on the date of cessation, or date of change of classification, or at such other time as the commissioner may require, covering each year or period for which no report was filed.

# (c)

If a corporation that is taxed on the basis of a combined report ceases to be subject to tax under article 9-A but continues to be included in the next combined report, it need not file a separate report at the time of cessation.

Source: official source document (DTF adopted rule text, December 2023 corporate reform)

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