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The New York IT-2659 form serves as a crucial document for partnerships and New York S corporations, specifically addressing the estimated tax penalties that may arise from underpayment or nonpayment of taxes owed on behalf of partners and shareholders. This form is primarily utilized by entities that are responsible for making estimated tax payments for their partners or shareholders, particularly those who are nonresident individuals or corporations. It requires filers to provide essential information such as the legal name, trade name, address, and employer identification number of the business. Additionally, the form includes detailed schedules that guide users through the calculation of any penalties incurred due to underpayment of estimated taxes, ensuring that all relevant income and deductions are accurately reported. The IT-2659 must be filed by a specific deadline, typically aligned with the due date of the partnership or S corporation tax return, and it is important to note that this form should not be submitted alongside other tax documents. By adhering to these guidelines, entities can avoid unnecessary penalties and ensure compliance with New York State tax regulations.

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New York State Department of Taxation and Finance

 

IT-2659

Estimated Tax Penalties for

 

 

 

 

Partnerships and New York S Corporations

(For underpayment or nonpayment of estimated tax required to be paid on behalf of

partners and shareholders who are corporations or nonresident individuals)

 

 

 

 

 

 

 

 

For calendar year 2012 or iscal year beginning

 

 

and ending

 

 

(See instructions, Form IT‑2659‑I, for assistance)

 

 

 

 

 

 

 

 

 

Print or type

Legal name

Trade name of business if different from legal name above

Address (number and street or rural route)

City, village, or post ofice

State

ZIP code

Employer identiication number

Type of entity (mark an X in the applicable box):

Partnership

S corporation

Complete Schedules A through D on pages 2, 3, and 4, as applicable, to compute your penalty.

Staple check or money order here.

Pay amount shown on page 4, line 52. Include only the line 52

amount in your check or money order, and make payable to: COMMISSIONER OF TAXATION AND FINANCE

Payment enclosed

.00

File Form IT‑2659 by the later of April 15, 2013, or the due date of the partnership

or S corporation tax return for the year determined with regard to any extension of time to ile).

Do not attach or ile Form IT‑2659 with any other form.

Paid preparer must complete (see instructions)

Date:

Preparer’s signature

Preparer’s NYTPRIN

 

 

 

 

 

 

 

Firm’s name (or yours, if self-employed)

Preparer’s PTIN or SSN

 

 

 

 

 

Address

Employer identiication number

 

 

 

 

 

 

Mark an X if

 

 

self‑employed

E‑mail:

 

 

 

Mail this form and payment to: NYS TAX DEPARTMENT - IT-2659 PO BOX 397

ALBANY NY 12201-0397

Sign your return here

Signature of general partner or member, elected oficer, or authorized person

Date

Daytime phone number

( )

E‑mail:

069001120094

Page 2 of 4 IT-2659 (2012)

Schedule A – Computation of estimated tax underpayment (if any). All ilers must complete this part. Only include partners and shareholders who are subject to estimated tax paid on their behalf by the partnership or New York S corporation (see instructions).

Current year

1Total of all nonresident individual partners’ or shareholders’ distributive

 

or pro rata shares of 2012 income earned from New York sources....

1

 

.00

 

 

2

Total of all nonresident individual partners’ or shareholders’ shares of

 

 

 

 

 

 

2012 partnership deductions allocated to New York (see instructions)

2

 

.00

 

 

3

Subtract line 2 from line 1

3

 

.00

 

 

4

Individual tax rate (8.82%)

4

 

.0882

 

 

5

Multiply line 3 by line 4

5

 

.00

 

 

6

Total of all nonresident individual partners’ or shareholders’ distributive

 

 

 

 

 

 

or pro rata shares of 2012 partnership or S corporation credits

6

 

.00

 

 

7

2012 estimated tax required to be paid on behalf of nonresident individuals (subtract line 6 from line 5)

............. 7

8

Total of all corporate partners’ distributive shares of 2012 income earned from NY sources

8

 

.00

 

 

9

Corporation tax rate (7.1%)

9

 

.071

 

 

10

Multiply line 8 by line 9

10

 

.00

 

 

11

Total of all corporate partners’ distributive shares of 2012 partnership credits

11

 

.00

 

 

12

2012 estimated tax required to be paid on behalf of corporations (subtract line 11 from line 10)

 

12

13

Total estimated tax required to be paid for 2012 (add lines 7 and 12)

 

 

13

14

90% of the estimated tax required to be paid for 2012 (multiply line 13 by 90% (.90))

14

.00

.00

.00

.00

Prior year

15Total of all nonresident individual partners’ or shareholders’ distributive

 

or pro rata shares of 2011 income earned from New York sources ....

 

15

 

.00

 

 

16

Total of all nonresident individual partners’ or shareholders’ shares of

 

 

 

 

 

 

2011 partnership deductions allocated to New York (see instructions)..

 

16

 

.00

 

 

17

Subtract line 16 from line 15

 

17

 

.00

 

 

18

Individual tax rate (8.97%)

 

18

 

.0897

 

 

19

Multiply line 17 by line 18

 

19

 

.00

 

 

20

Total of all nonresident individual partners’ or shareholders’ distributive

 

 

 

 

 

 

or pro rata shares of 2011 partnership or S corporation credits

20

 

.00

 

 

21

2011 estimated tax computed for individuals (subtract line 20 from line 19)

..........................................................

 

21

22

Total of all corporate partners’ distributive shares of 2011 income earned from NY sources

 

22

 

.00

 

 

23

Corporation tax rate (7.1%)

 

23

 

.071

 

 

24

Multiply line 22 by line 23

 

24

 

.00

 

 

25

Total of all corporate partners’ distributive shares of 2011 partnership credits

 

25

 

.00

 

 

26

2011 estimated tax computed for corporations (subtract line 25 from line 24)

 

26

27

Total estimated tax computed for 2011 (add lines 21 and 26)

 

27

 

If the sum of lines 17 and 22 is more than $150,000, and the entity is not primarily

 

 

 

 

engaged in farming or ishing, complete line 28 and continue with Schedule B. If the

 

 

 

 

sum of lines 17 and 22 is $150,000 or less, skip line 28 and continue with Schedule B.

 

 

 

28

Multiply line 27 by 110% (1.10)

 

28

.00

.00

.00

.00

Schedule B – Short method for computing the penalty. Complete lines 29 through 34 if you paid four equal estimated tax installments (on the due dates), or if you made no payments of estimated tax. Otherwise, you must complete Schedule C.

29If you were not required to make an entry on line 28, enter the lesser of lines 14 or 27.

 

If you were required to make an entry on line 28, enter the lesser of lines 14 or 28

29

.00

30

Enter the total amount of estimated tax payments made for 2012

30

.00

31

Total underpayment for the year (subtract line 30 from line 29; if zero or less you do not owe the penalty)

31

.00

32

Multiply line 31 by .04976 and enter the result

32

.00

33

If the amount on line 31 was paid on or after April 15, 2013, enter 0. If the amount on line 31 was paid

 

 

 

before April 15, 2013, make the following computation to ind the amount to enter on this line:

 

 

 

Amount on line 31 × number of days before April 15, 2013 × .00020 =

33

.00

34

Penalty (subtract line 33 from line 32; enter here and on line 51)

34

.00

(continued)

069002120094

 

 

 

 

 

 

 

 

IT-2659 (2012)

Page 3 of 4

 

 

 

 

 

 

 

 

 

 

 

Schedule C – Regular method

 

 

 

 

 

 

 

 

 

 

Part 1 – Computing the underpayment

 

 

 

 

 

 

 

 

 

 

 

Payment due dates

 

A

4/15/12

B

6/15/12

C

9/15/12

 

D

1/15/13

35

Required installments (see instructions)

35

 

.00

 

.00

 

 

.00

 

.00

36

Estimated tax paid

36

 

.00

 

.00

 

 

.00

 

.00

Complete lines 37 through 39, one column

 

 

 

 

 

 

 

 

 

 

at a time, starting in column A.

 

 

 

 

 

 

 

 

 

 

37

Overpayment or underpayment from prior period ....

37

 

 

 

.00

 

 

.00

 

.00

38

If line 37 is an overpayment, add lines 36

 

 

 

 

 

 

 

 

 

 

 

and 37; if line 37 is an underpayment,

 

 

 

 

 

 

 

 

 

 

 

subtract line 37 from line 36 (see instructions)

38

 

.00

 

.00

 

 

.00

 

.00

39

Underpayment (subtract line 38 from line 35)

 

 

 

 

 

 

 

 

 

 

 

or overpayment (subtract line 35 from

 

 

 

 

 

 

 

 

 

 

 

line 38; see instructions)

39

 

.00

 

.00

 

 

.00

 

.00

Part 2 – Computing the penalty

 

 

 

 

 

 

 

 

 

 

 

Payment due dates

 

A

4/15/12

B

6/15/12

C

9/15/12

 

D

1/15/13

 

40 Amount of underpayment (from line 39)

40

 

.00

 

.00

 

 

.00

 

.00

First installment (April 15 - June 15, 2012)

 

 

 

 

 

 

 

 

 

 

41April 15 ‑ June 15 =

(61 ÷ 366) × 7.5% = .01249

 

 

 

- or -

 

April 15 ‑

 

 

=

 

 

 

 

 

 

 

 

 

 

 

 

(

 

 

÷ 366) × 7.5% =

.

 

 

 

 

 

41

 

42 Multiply line 40, column A, by line 41 ............ 42

.00

Second installment (June 15 - September 15, 2012)

43June 15 ‑ September 15 = (92 ÷ 366) × 7.5% = .01884

-or -

June 15 ‑

 

= (

 

÷ 366) × 7.5% =

.

 

43

 

 

 

 

 

 

 

 

 

 

 

44 Multiply line 40, column B, by line 43

44

.00

Third installment (September 15, 2012 - January 15, 2013)

45September 15 ‑ December 31 = (107 ÷ 366) × 7.5% = .02192

January 1 ‑ January 15

= (15 ÷ 365) × 7.5% = .00307

 

 

 

 

 

 

 

 

.02499

Total

 

 

 

 

- or -

 

 

 

 

 

 

 

 

 

 

 

 

 

September 15 ‑

 

 

= (

 

÷ 366) × 7.5% =

.

 

 

 

 

 

 

 

 

 

 

 

January 1 ‑

= (

 

÷ 365) × 7.5% =

.

 

 

 

 

 

 

 

 

 

 

Total

45

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

46 Multiply line 40, column C, by line 45

 

 

 

 

 

 

 

46

.00

Fourth installment (January 15 - April 15, 2013)

47January 15 ‑ April 15 = (90 ÷ 365) × 7.5% = .01848

-or -

 

January 15 ‑

 

= (

 

÷ 365) × 7.5% =

.

 

 

 

 

 

 

 

 

47

 

48

Multiply line 40, column D, by line 47

............................................................................................................................ 48

.00

49

Penalty (add lines 42, 44, 46, and 48)

49

.00

(continued)

069003120094

Page 4 of 4 IT-2659 (2012)

Schedule D – Failure to pay estimated tax on behalf of partners or shareholders who are corporations or nonresident individuals. Only include partners and shareholders who are subject to estimated tax paid on their behalf by the partnership or New York S corporation (see instructions). If you are listing more than six partners or shareholders, attach additional sheet(s) using the same four‑column format as in the chart below. Include all column D totals from additional sheets on the line provided.

A

Name of

partner/shareholder

B

Identifying number

(EIN/SSN)

C

Number of quarters (1‑4)

during the year estimated tax

was not paid

D

Column C × $50

Column D total from attached sheet(s) (if any)

50

Penalty (total of column D)

50

51

Penalty (from line 34)

51

52

Total penalty (add lines 49, 50, and 51, as applicable; enter here and in Payment enclosed box on the front page)

52

.00

.00

.00

069004120094

Form Specifications

Fact Name Fact Description
Form Purpose The IT-2659 form is used for reporting estimated tax penalties for partnerships and New York S corporations.
Governing Laws This form is governed by New York State Tax Law, specifically concerning the taxation of partnerships and S corporations.
Filing Deadline Form IT-2659 must be filed by April 15, 2013, or the due date of the partnership or S corporation tax return.
Payment Instructions Payments should be made payable to the "Commissioner of Taxation and Finance" and included with the form submission.
Estimated Tax Calculation Tax penalties are calculated based on underpayments of estimated tax for both individual and corporate partners.
Nonresident Individuals The form includes provisions for nonresident individual partners and shareholders subject to estimated tax payments.
Schedules Requirement Filers must complete Schedules A through D to compute the penalty accurately.

New York It 2659: Usage Guidelines

Filling out the New York IT-2659 form requires careful attention to detail. This form is used to report any estimated tax penalties for partnerships and New York S corporations. Completing it accurately is essential for ensuring compliance with state tax regulations. Follow the steps below to fill out the form correctly.

  1. Begin by entering the legal name of the business and the trade name if it differs from the legal name.
  2. Provide the address of the business, including the city, state, and ZIP code.
  3. Input the Employer Identification Number (EIN).
  4. Indicate the type of entity by marking an X in the appropriate box for either Partnership or S corporation.
  5. Complete Schedules A through D on pages 2, 3, and 4 as applicable to compute your penalty.
  6. Staple your check or money order to the form. Ensure that it matches the amount shown on page 4, line 52, and make it payable to the Commissioner of Taxation and Finance.
  7. File the form by the later of April 15, 2013, or the due date of the partnership or S corporation tax return, considering any extensions.
  8. Do not attach or file Form IT-2659 with any other forms.
  9. If applicable, have the paid preparer complete their section, including their signature, NYTPRIN, firm name, and PTIN or SSN.
  10. Sign the return where indicated by the general partner or authorized person and provide the date and daytime phone number.
  11. Mail the completed form and payment to: NYS Tax Department - IT-2659, PO Box 397, Albany, NY 12201-0397.

Your Questions, Answered

What is the purpose of the New York IT-2659 form?

The New York IT-2659 form is used to calculate estimated tax penalties for partnerships and New York S corporations. It specifically addresses underpayment or nonpayment of estimated tax required to be paid on behalf of partners and shareholders who are either corporations or nonresident individuals.

Who needs to file the IT-2659 form?

Partnerships and New York S corporations that have nonresident individual partners or shareholders must file the IT-2659 form if they are required to pay estimated taxes on behalf of those individuals. This includes any entity that has partners or shareholders subject to estimated tax obligations.

When is the IT-2659 form due?

The IT-2659 form must be filed by the later of April 15 of the following year or the due date of the partnership or S corporation tax return. If an extension has been granted for filing the tax return, the due date for the IT-2659 form is also extended accordingly.

What information is required on the IT-2659 form?

The form requires the legal name and trade name of the business, address, employer identification number, and type of entity. Additionally, it includes schedules for computing the estimated tax underpayment and any penalties that may apply.

How is the penalty for underpayment calculated?

The penalty is calculated based on the amount of underpayment of estimated tax. The form includes specific lines for entering the total estimated tax required, payments made, and the resulting underpayment. The penalty is then computed using a set percentage based on the underpayment amount.

What are the payment options for the IT-2659 form?

Payments can be made via check or money order, which should be stapled to the form. The payment must be made payable to the "Commissioner of Taxation and Finance." It is crucial to include only the amount shown on line 52 of the form in the payment.

Can the IT-2659 form be filed electronically?

The IT-2659 form must be mailed to the New York State Tax Department. As of the latest guidelines, electronic filing is not available for this specific form, so physical submission is required.

What should be done if there are more than six partners or shareholders?

If the partnership or S corporation has more than six partners or shareholders, additional sheets must be attached using the same format as provided in the form. All totals from these additional sheets should be included in the appropriate lines on the IT-2659 form.

What happens if the form is filed late?

Filing the IT-2659 form late may result in additional penalties. The penalties for late filing are calculated based on the amount of underpayment and the duration of the delay. It is advisable to file the form as soon as possible to minimize penalties.

Where should the IT-2659 form be mailed?

The completed IT-2659 form and payment should be mailed to the following address: NYS TAX DEPARTMENT - IT-2659, PO BOX 397, ALBANY NY 12201-0397. It is important to ensure that the form is sent to the correct address to avoid processing delays.

Common mistakes

  1. Incorrect Entity Type Selection: One common mistake is failing to accurately mark the correct entity type. Ensure that you select either "Partnership" or "S Corporation" by marking an X in the appropriate box. This choice affects your tax obligations.

  2. Omitting Required Schedules: Many filers neglect to complete the necessary Schedules A through D. Each schedule is crucial for calculating penalties and must be filled out as applicable.

  3. Missing Signature: Another frequent error is forgetting to sign the form. The signature of a general partner, member, or authorized person is required. Without it, the form may be deemed incomplete.

  4. Incorrect Payment Amount: Some individuals mistakenly include an incorrect payment amount. Only the amount shown on page 4, line 52 should be included in your check or money order.

  5. Filing Deadline Ignorance: Ignoring the filing deadline can lead to penalties. Remember, Form IT-2659 must be filed by the later of April 15 or the due date of your tax return.

  6. Failure to Attach Payment: Lastly, failing to staple your payment to the form can result in delays. Always ensure your check or money order is securely attached to the front of the form.

Documents used along the form

The New York IT-2659 form is essential for partnerships and S corporations to report estimated tax penalties. Various other documents often accompany this form to ensure compliance with tax regulations and to facilitate accurate reporting. Below is a list of related forms and documents that may be required.

  • Form IT-204: This is the New York State Partnership Return. Partnerships use this form to report income, deductions, and credits. It serves as the main tax return for partnerships in New York.
  • Form IT-201: This is the New York State Resident Income Tax Return. Individuals use this form to report their income and calculate their personal tax liability. It is relevant for partners or shareholders receiving distributions from partnerships or S corporations.
  • Form IT-203: This is the New York State Nonresident and Part-Year Resident Income Tax Return. Nonresidents and part-year residents use this form to report income earned in New York, including income from partnerships.
  • Form IT-6: This form is used for the New York State Partnership Election. It allows partnerships to elect to be treated as S corporations for tax purposes, which can affect estimated tax calculations.
  • Form IT-225: This is the New York State Claim for Credit for Taxes Paid to Another State. Partners may use this form to claim a credit for taxes paid to other states, which can impact their overall tax liability.
  • Form CT-3: This is the New York State Corporation Franchise Tax Return. S corporations must file this form to report their income and calculate franchise taxes, which may relate to estimated tax payments.
  • Form CT-4: This is the New York State Application for a New York S Corporation Election. This form is necessary for corporations that want to elect S corporation status, impacting their tax obligations.
  • Form NYS-1: This is the New York State Withholding Tax Remittance Form. It is used to report and remit withholding taxes on behalf of employees, which may be relevant for partnerships with employees.
  • Form IT-2659-I: This is the instruction form for IT-2659. It provides guidance on completing the IT-2659 form, detailing how to calculate penalties and what information is required.

Each of these forms plays a critical role in ensuring compliance with New York tax laws. It is essential for partnerships and S corporations to be aware of these documents to avoid penalties and ensure accurate reporting of their tax obligations.

Similar forms

The New York IT-2659 form is designed for partnerships and S corporations to report estimated tax penalties. Several other documents serve similar purposes in various contexts. Below is a list of five documents that share similarities with the IT-2659 form:

  • IRS Form 2210: This form is used to calculate penalties for underpayment of estimated tax for individuals. Like the IT-2659, it requires taxpayers to compute their estimated tax liability and determine any penalties for underpayment.
  • New York IT-2105: This is the estimated tax payment form for individuals in New York. It parallels the IT-2659 in that it addresses estimated tax obligations and includes provisions for penalties related to underpayment.
  • IRS Form 1065: This form is used by partnerships to report income, deductions, gains, and losses. While it does not specifically address penalties, it serves a similar function in reporting the financial status of partnerships, which is relevant for calculating estimated tax obligations.
  • IRS Form 1120-S: This form is for S corporations to report income, deductions, and credits. Like the IT-2659, it is essential for determining tax liabilities, including potential penalties for underpayment of estimated taxes.
  • New York CT-3: This is the general business corporation franchise tax return. It is similar to the IT-2659 in that it deals with tax obligations for corporations and can include penalties for late or insufficient payments.

Dos and Don'ts

When filling out the New York IT-2659 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are seven things you should and shouldn't do:

  • Do print or type your legal name and business information clearly to avoid confusion.
  • Don't forget to staple your check or money order to the form, as this is required for processing.
  • Do complete all relevant Schedules A through D to accurately compute your penalty.
  • Don't attach or file Form IT-2659 with any other forms, as this can lead to processing delays.
  • Do ensure that the payment amount corresponds only to the line 52 amount shown on page 4.
  • Don't neglect to sign the form; an unsigned form may be rejected or delayed.
  • Do mail the completed form and payment to the specified address to ensure it reaches the tax department promptly.

Misconceptions

Understanding the New York IT-2659 form is crucial for partnerships and S corporations to avoid penalties. However, several misconceptions can lead to confusion and potential financial repercussions. Here are four common misconceptions:

  • Misconception 1: The IT-2659 form is only for S corporations.
  • This form applies to both partnerships and S corporations. Both types of entities must report estimated tax penalties for their partners and shareholders who are subject to estimated tax. Ignoring this can result in unnecessary penalties.

  • Misconception 2: Filing the IT-2659 form is optional if there are no penalties.
  • Even if there are no penalties, filing the IT-2659 form is still required. This form serves to report the estimated tax payments made on behalf of partners and shareholders, ensuring compliance with state tax laws.

  • Misconception 3: The due date for filing the IT-2659 form is the same for all entities.
  • The due date for the IT-2659 form is the later of April 15 or the due date of the partnership or S corporation tax return. This can vary based on the entity's tax situation and any extensions filed.

  • Misconception 4: All partners and shareholders are automatically exempt from estimated tax payments.
  • Not all partners and shareholders are exempt. Only those who do not meet certain income thresholds or specific criteria are exempt from estimated tax payments. It is essential to review each partner's or shareholder's situation to determine their tax obligations accurately.

Key takeaways

When dealing with the New York IT-2659 form, understanding its purpose and how to fill it out correctly is crucial for partnerships and S corporations. Here are some key takeaways to keep in mind:

  • Purpose of the Form: The IT-2659 form is used to report estimated tax penalties for partnerships and New York S corporations that underpay or fail to pay estimated taxes on behalf of their partners and shareholders.
  • Filing Deadline: Ensure you file the form by the later of April 15 or the due date of your tax return. This deadline may be affected by any extensions you have received.
  • Payment Instructions: When submitting your payment, include only the amount indicated on line 52 of the form. Make your check or money order payable to the Commissioner of Taxation and Finance.
  • Completing Schedules: It is essential to complete Schedules A through D as applicable. These schedules help calculate any penalties based on underpayments or failures to pay estimated taxes.
  • Required Information: Fill in your legal name, trade name (if different), address, and Employer Identification Number (EIN). This information is vital for processing your form accurately.
  • Signature Requirement: Don’t forget to sign the form. The signature of a general partner, member, or authorized person is required to validate the submission.

By keeping these points in mind, you can navigate the IT-2659 form with greater confidence and ensure compliance with New York tax regulations.