Form CT-6, Election by a Federal S Corporation to be Treated As a New York S Corporation (instructions CT-6-I, Rev. 12/20). File at any time during the PRECEDING tax year, or on or before the fifteenth day of the third month of the tax year to which the election applies. An election made after the 15th day of the 3rd month but before the end of the tax year is effective for the FOLLOWING tax year. Special first-year rules: a corporation organized WITHIN New York State that wants NY S status for its first tax year must file CT-6 on or before the 15th day of the third month following the EFFECTIVE DATE OF ITS CERTIFICATE OF INCORPORATION; a corporation organized OUTSIDE New York State that begins doing business in New York must file on or before the 15th day of the third month following the date it BEGAN DOING BUSINESS IN NEW YORK STATE. An election made on or before the 15th day of the 3rd month will still not take effect until the following tax year if (a) the corporation did not qualify as a federal S corporation on one or more days of the tax year before the election was made, or (b) a shareholder who held stock before the election date did not consent. An election made no later than the 15th day of the 3rd month of a tax year that is less than two and a half months long is considered timely filed for that tax year. FAX Form CT-6 to 518-435-8605. If you cannot fax, mail to: NYS TAX DEPARTMENT, CT-6 PROCESSING, W A HARRIMAN CAMPUS, ALBANY NY 12227-0852. The U.S. postmark is the date of delivery; if sent by registered or certified mail the date of registration or certification is the date of delivery. Designated private delivery services are listed in Publication 55. The form must be certified by the president, vice president, treasurer, assistant treasurer, chief accounting officer or another authorized officer, and every shareholder must consent by signing column D or a separate consent statement. RETROACTIVE RELIEF: when an S election is retroactively validated for federal purposes under IRC s.1362(f), the Tax Department may retroactively validate the New York election for any tax year within the IRS-validated period; file Form CT-6 with an attachment explaining the circumstances, the effective date, and signatures of all shareholders on the specified date, and all shareholders must have reported income consistent with S treatment for the year the election should have been made and all subsequent years. If you do not receive confirmation before your return is due, write to: NYS Tax Department, Corporation Tax Account Resolution Unit, W A Harriman Campus, Albany NY 12227-0852.
S-corp election in New York
In short
Article 9-A fixed dollar minimum (FDM) franchise tax of $25 to $4,500 based on New York receipts; the MTA surcharge does NOT apply to a New York S corporation.
A separate state election is required
Does New York recognize the federal S election?
New York requires a SEPARATE state election. Filing federal Form 2553 does NOT make you a New York S corporation. You must file Form CT-6, Election by a Federal S Corporation to be Treated As a New York S Corporation, and wait for Tax Department approval — the instructions state that until you are notified of approval, you must continue filing Form CT-3, General Business Corporation Franchise Tax Return. Eligibility requirements: the corporation must be a federal S corporation (if the federal election is still pending you may file the NY election and indicate that); it must be taxable under Article 9-A (a corporation taxable under Article 9 or 33 is an "excluded corporation" and cannot elect); and ALL shareholders must consent. A QSSS may not make the election — only the parent corporation can. ONE IMPORTANT EXCEPTION: a federal S corporation is DEEMED to have made the New York S election, with no CT-6 required, if its investment income is more than 50% of its federal gross income for the year; these mandated S corporations must file Form CT-3-S. The election, once approved, is effective for the entire tax year for which it is made and for all succeeding tax years until terminated (Form CT-6.1 terminates or revokes it).
Tax the entity still owes
A New York S corporation pays the fixed dollar minimum tax under Article 9-A based on New York receipts, per the Form CT-3-S instructions: not more than $100,000 = $25; more than $100,000 but not over $250,000 = $50; more than $250,000 but not over $500,000 = $175; more than $500,000 but not over $1,000,000 = $300; more than $1,000,000 but not over $5,000,000 = $1,000; more than $5,000,000 but not over $25,000,000 = $3,000; over $25,000,000 = $4,500. The metropolitan transportation business tax (MTA surcharge) does not apply to a New York S corporation. Form CT-3-S is filed within 2.5 months after the end of the reporting period — March 15 for calendar-year filers. PENALTY: if the New York S corporation fails to file Form CT-3-S or fails to include the required shareholder information, the penalty is $50 PER SHAREHOLDER PER MONTH or fraction of a month that the failure continues, for up to five months. NEW YORK CITY IS SEPARATE AND WORSE: New York City does not have an S corporation election and does not recognize the New York State S election. Federal subchapter S corporations and QSSSs must pay the NYC General Corporation Tax (GCT); for tax years beginning on or after January 1, 2015 the GCT applies only to S corporations and QSSSs, while S corps are exempt from the NYC Business Corporation Tax. Limited exceptions exist for dormant S corps, those paying the banking corporation tax or utility tax, and IRC 501(c)(2)/(25) holding entities.
Registering for payroll
Register using Form NYS-100, New York State Employer Registration for Unemployment Insurance, Withholding, and Wage Reporting — a single combined registration covering both the NYS Department of Taxation and Finance (income tax withholding) and the NYS Department of Labor (unemployment insurance). The recurring filing is the quarterly Form NYS-45, Quarterly Combined Withholding, Wage Reporting, and Unemployment Insurance Return, with Form NYS-1 for more frequent withholding remittances. New York also mandates statutory short-term disability benefits (DBL) coverage and Paid Family Leave coverage, both obtained through a private insurance carrier or approved self-insurance, with PFL funded by employee payroll deduction. Confirm the current form numbers on tax.ny.gov and dol.ny.gov, which New York revises periodically.
Annual filings
Form CT-3-S, New York S Corporation Franchise Tax Return — due within 2.5 months after the end of the reporting period, March 15 for calendar-year filers; includes the fixed dollar minimum tax and required shareholder information (omission triggers the $50 per shareholder per month penalty). PTET annual return via Web File, due March 15, plus quarterly PTET estimated payments (March 15, June 15, September 15, December 15) if elected. Quarterly Form NYS-45 for withholding and unemployment insurance. New York City: Form NYC-4S, NYC-4S-EZ or NYC-3L for the General Corporation Tax if the S corp does business in NYC. New York Department of State BIENNIAL STATEMENT — filed every two years under Business Corporation Law s.408, $9, setting forth the name and business address of the CEO, the street address of the principal executive office, the service-of-process address, and the number of directors and how many are women; failure to file shows the corporation as past due on any Certificate of Status. EXTENSION: Form CT-5.4, Request for Six-Month Extension to File New York S Corporation Franchise Tax Return, must be filed with payment of properly estimated franchise tax on or before the original due date; most general business corporations are mandated to e-file it. For a calendar-year filer the extended deadline is September 15.
Pass-through entity tax
New York has an elective Pass-Through Entity Tax (PTET), and the state page was last updated April 3, 2026 with no notice of discontinuation, so it remains active for 2026. THE ELECTION IS ANNUAL AND THE WINDOW IS HARD: the eligible entity may opt in on or after January 1 but NO LATER THAN MARCH 15 of the current PTET taxable year (so the 2026 election was due March 15, 2026); if the due date falls on a weekend or legal holiday the last day is the next business day. The election must be made ONLINE each year and is IRREVOCABLE after the due date of the entity's first PTET estimated payment. Only an AUTHORIZED PERSON of the entity may make the election — TAX PROFESSIONALS MAY NOT MAKE THE ELECTION ON BEHALF OF THEIR CLIENTS. Rates on PTE taxable income: $2,000,000 or less = 6.85%; over $2M up to $5M = $137,000 plus 9.65% of the excess over $2,000,000; over $5M up to $25M = $426,500 plus 10.30% of the excess over $5,000,000; over $25M = $2,486,500 plus 10.90% of the excess over $25,000,000. Estimated payments are due March 15, June 15, September 15 and December 15; the annual return is due March 15 and is filed through the PTET Web File application. An ELECTING RESIDENT S CORPORATION (one that certifies at election time that ALL shareholders are New York residents) computes PTE taxable income on all income, not just New York-source income — a materially better outcome than an ELECTING STANDARD S CORPORATION. Each eligible credit claimant's PTET credit equals its direct share of the PTET reported by the electing entity. A SEPARATE NYC PTET also exists for entities with New York City resident owners.
The mistake owners make most often in New York
This is the single most expensive S-corp mistake in the country. FILING FEDERAL FORM 2553 ALONE DOES NOT CREATE A NEW YORK S CORPORATION. Without a timely, APPROVED Form CT-6, New York taxes the corporation as a C corporation under Article 9-A — full entity-level franchise tax on business income — while the IRS simultaneously treats it as an S corporation, producing genuine double taxation and a federal/state mismatch that is painful to unwind. The CT-6 deadline mirrors the federal 2553 deadline (15th day of the 3rd month), so a late or overlooked 2553 almost always means a late CT-6 too, and the CT-6 is a separate physical filing by fax or mail, not something that rides along with the federal election. Two aggravating factors: the CT-6 requires the consent of EVERY shareholder, and until the Tax Department affirmatively approves it you must keep filing Form CT-3 as a C corporation. Second, independent gotcha: NEW YORK CITY does not recognize S corporations at all, so a Brooklyn or Manhattan S corp still pays the NYC General Corporation Tax on its net income — any claim that an S election saves New York City tax is simply false.
Filing your federal Form 2553
Businesses operating in New York send Form 2553 to the IRS Kansas City service center — fax 855-887-7734. Full address and filing checklist for New York.
Frequently asked questions
Does New York require a separate S-corporation election?
Yes. New York requires Form CT-6, Election by a Federal S Corporation to be Treated As a New York S Corporation (instructions CT-6-I, Rev. 12/20). File at any time during the PRECEDING tax year, or on or before the fifteenth day of the third month of the tax year to which the election applies. An election made after the 15th day of the 3rd month but before the end of the tax year is effective for the FOLLOWING tax year. Special first-year rules: a corporation organized WITHIN New York State that wants NY S status for its first tax year must file CT-6 on or before the 15th day of the third month following the EFFECTIVE DATE OF ITS CERTIFICATE OF INCORPORATION; a corporation organized OUTSIDE New York State that begins doing business in New York must file on or before the 15th day of the third month following the date it BEGAN DOING BUSINESS IN NEW YORK STATE. An election made on or before the 15th day of the 3rd month will still not take effect until the following tax year if (a) the corporation did not qualify as a federal S corporation on one or more days of the tax year before the election was made, or (b) a shareholder who held stock before the election date did not consent. An election made no later than the 15th day of the 3rd month of a tax year that is less than two and a half months long is considered timely filed for that tax year.
What tax does an S corporation pay in New York?
Article 9-A fixed dollar minimum (FDM) franchise tax of $25 to $4,500 based on New York receipts; the MTA surcharge does NOT apply to a New York S corporation.
Where do I file Form 2553 from New York?
With the IRS Kansas City service center. Fax 855-887-7734, or mail to Department of the Treasury, Internal Revenue Service, Kansas City, MO 64999.
What is the most common S-corp mistake in New York?
This is the single most expensive S-corp mistake in the country. FILING FEDERAL FORM 2553 ALONE DOES NOT CREATE A NEW YORK S CORPORATION. Without a timely, APPROVED Form CT-6, New York taxes the corporation as a C corporation under Article 9-A — full entity-level franchise tax on business income — while the IRS simultaneously treats it as an S corporation, producing genuine double taxation and a federal/state mismatch that is painful to unwind. The CT-6 deadline mirrors the federal 2553 deadline (15th day of the 3rd month), so a late or overlooked 2553 almost always means a late CT-6 too, and the CT-6 is a separate physical filing by fax or mail, not something that rides along with the federal election. Two aggravating factors: the CT-6 requires the consent of EVERY shareholder, and until the Tax Department affirmatively approves it you must keep filing Form CT-3 as a C corporation. Second, independent gotcha: NEW YORK CITY does not recognize S corporations at all, so a Brooklyn or Manhattan S corp still pays the NYC General Corporation Tax on its net income — any claim that an S election saves New York City tax is simply false.
Compare with other states: North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania.
Sources
- https://www.tax.ny.gov/pdf/current_forms/ct/ct6i.pdf
- https://www.tax.ny.gov/forms/current-forms/ct/ct3si.htm
- https://www.tax.ny.gov/bus/ct/s_corporations_post.htm
- https://www.tax.ny.gov/bus/ptet/
- https://www.tax.ny.gov/e-services/ptet/calculations.htm
- https://www.tax.ny.gov/pdf/current_forms/ct/ct6_fill_in.pdf
File your Form 2553 correctly
Scorply completes your federal election and includes a New York guide in your packet, so you know exactly what else you owe here.
Start my Form 2553Researched from official New York sources and verified July 30, 2026. State tax rules change. This is general information, not tax advice — confirm with the state or a CPA before you rely on it.