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Instructions for Form CR-Q2
 New York City Department of Finance                                                                                                  TM




                                                                                                                            Finance

Commercial Rent Tax Quarterly Return           Applicable for the tax period September 1, 2008 to November 30, 2008, ONLY



  HIGHLIGHTS OF NEW LEGISLATION (Ch. 2 of the Laws of 2005, Pt. A.)

     Effective August 30, 2005, tenants located in the “World Trade Center Area”, as defined are exempt from the tax
     (see Page 4 - Exemptions #5). The World Trade Center is defined as: the area in the borough of Manhattan
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     bounded by Church Street on the east starting at the intersection of Liberty Street and Church Street; running
     northerly along the center line of Church Street to the intersection of Church Street and Vesey Street; running west-
     erly along the center line of Vesey Street to the intersection of Vesey Street and West Broadway; running northerly
     along the center line of West Broadway to the intersection of West Broadway and Barclay Street; running west-
     erly along the center line of Barclay Street to the intersection of Barclay Street and Washington Street; running
     southerly along the center line of Washington Street to the intersection of Washington Street and Vesey Street; run-
     ning westerly along the center line of Vesey Street to the intersection of Vesey Street and West Street; running
     southerly along the center line of West Street to the intersection of West Street and Liberty Street; running easterly
     along the center line of Liberty Street to the intersection of Liberty Street and Washington Street; running southerly
     along the center line of Washington Street to the intersection of Washington Street and Albany Street; running
     easterly along the center line of Albany Street to the intersection of Albany Street and Greenwich Street; running
     northerly along the center line of Greenwich Street to Liberty Street; and running easterly along the center line of
     Liberty Street to the intersection of Liberty Street and Church Street.
     Effective August 30, 2005, the Commercial Rent Tax reduction program is expanded for those taxpayers
     who are eligible for the Commercial Revitalization Program benefits to include more buildings and to pro-
 G

     vide a greater base rent reduction as follows:
     a. The new law expands the program to include buildings south of Canal Street that received their certificate
        of occupancy after 1975.
     b. The new law provides for a base rent reduction for the first five years of the lease equal to the lesser of the
        first year’s rent or 100% of the rent paid for the period.
     c. This expansion is available for leases, but not subleases, having a term of at least five years beginning be-
        tween 7/1/2005 and 6/30/2009.
     d. No base rent reduction is allowed under this program for tax periods beginning after 3/31/2013. The new
        law did not change the expiration date.
     e. For purposes of applying such special reduction, the base rent for the base year shall, where necessary to
        determine the amount of the special reduction allowable with respect to any number of months falling
        within a tax period, be prorated by dividing the base rent for the base year by twelve and multiplying the
        result by such number of months.
     As of December 1, 2005, the new law will also exempt the rent paid for premises used for retail sales pur-
     poses (see Page 4 - Exemptions #6) where such premises are located in the Commercial Revitalization Pro-
 G

     gram abatement zone, which is the area in the borough of Manhattan bounded by Murray Street on the North
     starting at the intersection of West Street and Murray Street; running easterly along the center line of Murray
     Street connecting through City Hall Park with the center line of Frankfort Street and running easterly along
     the center lines of Frankfort and Dover Streets to the intersection of Dover Street and South Street; running
     southerly along the center line of South Street to Peter Minuit Plaza; connecting through Peter Minuit Plaza
     to the center line of State Street and running northwesterly along the center line of State Street to the intersection
     of State Street and Battery Place; running westerly along the center line of Battery Place to the intersection of
     Battery Place and West Street; and running northerly along the center line of West Street to the intersection of
     West Street and Murray Street. Any tax lot partly located inside this area is deemed to be entirely located in-
     side the area.
Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY            Page 2
IMPORTANT                           G In computing base rent, rent        ant must file a final return for the
INFORMATION                           received from subtenants may        entire year (Form CR-A) within 20
                                      be deducted by a prime ten-         days from the date the tenant ceases
G Taxpayers  whose annualized         ant, regardless of the amount.      to do business. If the tenant never-
 base rent before the 35% rent                                            theless continues to pay rent for the
                                    G The Commercial Rent Tax
 reduction and the NYC Com-                                               taxable premises, in which case the
                                       has been repealed with re- tenant must continue to file returns
 mercial Revitalization Program
                                       spect to rent paid for all and pay the tax.
 special reduction is less than
                                       premises located north of the
 $250,000 are no longer subject
                                       center line of 96th Street in If a tax return or payment is deliv-
 to the Commercial Rent Tax.
                                       Manhattan and the boroughs ered to the Department of Finance
 However, a tax return may be
                                       of the Bronx, Brooklyn, by U.S. mail after the due date, the
 required to be filed.
                                       Queens and Staten Island.          date of the U.S. Postal Service post-
G A taxcredit is allowed for tax-                                         mark stamped on the envelope will
 payers whose annualized base                                             be considered the date of delivery,
                                    GENERAL
 rent before the 35% rent re-                                             provided the postmark date falls on
                                    INFORMATION
 duction and the NYC Com-                                                 or before the due date including any
 mercial Revitalization Program                                           extension and the return was de-
 special reduction is at least      FORMS TO BE USED AND                  posited in the mail, postage prepaid
 $250,000, but is less than         PERIODS COVERED                       and properly addressed. Non-U.S.
 $300,000. The tax credit is cal-   Every tenant subject to tax for a pe- Postal Service postmarks will also
 culated on page 2, line 16.        riod must file a quarterly return be recognized, provided delivery to
                                    (Form CR-Q). Quarterly returns the Department of Finance occurs
GA  tax return is no longer re-
                                    are due for the three-month periods within five days of the postmark
 quired to be filed with respect
                                    ending on the last days of August, date. If the five-day limit is ex-
 to any premises if your annual
                                    November and February of each ceeded, the taxpayer must establish:
 or annualized gross rent paid
                                    tax year and must be filed within 20 a) the item was actually deposited
 is $200,000 or less and you do
                                    days after the end of the period they in the mail by the due date; b) the
 not receive over $200,000 in
                                    cover.                                delay in receipt was due to a delay
 rent from any subtenant.
                                                                          in the transmission of the mail; and
                                    Every tenant subject to tax must c) the cause of the delay.
G A35% rent reduction is allowed
                                    file an annual return on Form CR-
 in computing base rent subject
                                    A. In addition, every tenant not If the due date falls on a Saturday,
 to Commercial Rent Tax.
                                    subject to tax for periods beginning Sunday or legal holiday, the due
G The  applicable tax rate for      on or after June 1, 2001 because its date is extended to the next suc-
 each taxable premises is based     annualized base rent before the ceeding business day.
 on the Base Rent Before Rent       35% rent reduction and the NYC
 Reduction and the NYC Com-         Commercial Revitalization Pro- For late filings of quarterly returns,
 mercial Revitalization Pro-        gram special reduction is less than interest must be paid on the amount
 gram special reduction (lines 7    $250,000 (refer to Exemptions, of the underpayment from the due
 and 5b, or line 12, if applica-    below), will not be required to file date until the earlier of (1) 20 days
 ble). However, that tax rate is    an annual return (CR–A) if, with after the end of the tax year, or (2)
 applied to the Base Rent Sub-      respect to any premises, its an- the date as of which the tax paid for
 ject to Tax (line 9) in determin-  nual or annualized gross rent is the tax year equals 75% of the full
 ing your tax for each taxable      $200,000 or less, and it does not tax required to be paid for the tax
 premises. If that amount is less   receive over $200,000 in rent year. The interest must only be
 than $250,000, no tax is due. If                                         paid with the annual return.
                                    from any subtenant.
 that amount is at least $250,000
 but less than $300,000, a tax If a tenant ceases to do business, the WHO IS A TENANT
 credit is allowed.                tax is due immediately, and the ten- A tenant is a person who pays or is
Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY                   Page 3

required to pay rent for premises as    whole or in part to subtenants. Tax-    constitutes rent paid for one taxable
a lessee, sublessee, licensee or con-   able premises include a specific        premises.
cessionaire. No tax return need be      part of particular space in a ware-
                                                                                WHAT CONSTITUTES
filed if the individual or the busi-    house rented for the storage of
                                                                                BASE RENT
ness entity is the same individual or   goods, or in a garage, parking lot or
entity owning the premises. The         parking area rented for the parking     Base rent is generally the rent paid
tax form should be returned to the      of motor vehicles, in connection        for each taxable premises by a ten-
Department of Finance stating the       with the tenant’s conduct of busi-      ant to the landlord for a period, less
owner’s name and address, Em-           ness or professional activity; also     the amounts received by or due
ployer Identification Number or         included is a safe deposit box or       such tenant for the same period
Social Security Number, the ad-         locker or beach cabana if used for      from any subtenant of any part of
dress of the property and the block     business purposes.                      the premises. (See instructions to
and lot number as shown on the                                                  line 4, Rent from Sub-tenant(s)).
                                        WHAT CONSTITUTES RENT
real estate tax bill. Shareholders in
                                                                                Where the base rent is for a period
cooperative corporations are not        Rent is the consideration paid or re-
                                                                                of less than one year it must be an-
considered “owners of record.”          quired to be paid by a tenant for the
                                                                                nualized. Base rent is annualized
                                        use or occupancy of premises, valued
The following situations do not ex-                                             by assuming it was paid on an
                                        in money, whether received in money
empt the tenant from tax:                                                       equivalent basis for the entire year.
                                        or otherwise, including all credits,
                                        property, or services of any kind, as
a) where a building is owned, not by                                            In computing base rent, rent re-
                                        well as any payment required to be
   a tenant but by a spouse or parent                                           ceived from a subtenant subject to
                                        made by a tenant on behalf of the
   of the tenant;                                                               the tax or exempt from the tax be-
                                        landlord for real estate taxes, water
                                                                                cause the subtenant's annualized
b) where a building is owned by         and sewer charges, or any other ex-
                                                                                base rent is less than $250,000 for
   the tenant jointly or in common      penses (including insurance) nor-
                                                                                period beginning on or after June 1,
   with another person, other than      mally payable by a landlord who
                                                                                2001, and rent received from a sub-
   a spouse;                            owns the realty, other than expenses
                                                                                tenant that is a governmental entity,
                                        for the improvement, repair or main-
c) where a building is owned by a                                               the UN, or a nonprofit religious,
                                        tenance of the tenant’s premises.
   corporation of which the tenant                                              charitable or educational entity ex-
   is an officer or holder of all or                                            empt from the tax may be deducted
                                        Where the rent paid by a tenant for
   part of the corporate stock;         the occupancy of taxable premises is by a prime tenant.
                                        measured in whole or in part by the
d) where the tenant is a corporation
                                        gross receipts from the sales within NOTE: Base rent paid by a tenant
   and the building is owned by a
                                        the premises, the rent, for purposes of for one taxable premise cannot be
   subsidiary corporation or by a
                                        computing the Commercial Rent Tax reduced by deducting rents re-
   parent corporation;
                                        is the actual percentage of gross re- ceived by that tenant for another
                                        ceipts due the landlord, but not in ex- taxable premise of which he is also
e) where the tenant is a corporation
                                                                                a tenant.
   and the building is owned by an      cess of 15% of gross receipts.
   officer or stockholder of the cor-
                                                                                A tenant is also entitled to deduct
                                      Tenant shareholders in cooperative
   poration.
                                                                                from the base rent amounts paid by
                                      buildings should calculate the
                                                                                the tenant for the tenant’s own use
                                      amount of rent subject to tax as
WHAT CONSTITUTES
                                                                                of the premises:
                                      provided in Section 7-01 “Rent” of
TAXABLE PREMISES
Taxable premises are premises used the Commercial Rent Tax Rules.               a) for railroad, air, or omnibus
or intended to be used to carry on (Title 19, Rules of the City of New             transportation purposes;
any trade, business, professional, York, Chapter 7) If a tenant uses
vocational or commercial activity, two or more taxable locations in the         b) for piers, insofar as they are
including premises used solely for same building at the same time, the             used in interstate or foreign
the purpose of renting the same in total rent paid for all such locations          commerce;
Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY               Page 4

c) which are located in, on, above,       14 days or less (whether or not        do not include insurance, banking
   or under a public place and are        consecutive) in a tax year, and        or other types of services; and
   defined by law as special fran-        is not required to pay rent for a
                                                                             7. various governmental bodies, the
   chise property;                        longer period;
                                                                                 U.N., and nonprofit religious,
d) which are advertising space or 3.      a tenant (other than the operator      charitable and educational or-
   signs, vending machines, or            of a hotel, apartment hotel or         ganizations. Other nonprofit or-
   newsstands in subway or ele-           lodging house) who uses prem-          ganizations may be exempt from
   vated railroad premises operated       ises for residential renting to        the tax. For more information,
   by the New York City Transit           others to the extent of 75% or         see Sections 7-04 through 7-06
   Authority when the rent is             more of the rentable floor space;      of the Commercial Rent Tax
   payable to the Transit Authority;                                             Rules. (Title 19, Rules of the
                                     4.   a tenant who uses premises for
   or                                                                            City of New York, Chapter 7)
                                          certain dramatic or musical arts
                                          performances for less than 4 COMBINED BUSINESS/
e) which is parking space subject to
                                          weeks where the performances RESIDENTIAL USE
   the additional 8% parking tax im-
                                          are not intended to continue for Where a tenant pays an undivided
   posed under Administrative Code
                                          less than 4 weeks. A tenant who rent for a premises used both for
   Section 11-2049.
                                          uses taxable premises for the pro- residential and business purposes,
NOTE: Report these deductions on          duction and performance of a the- the tax applies to that part of the
line 5a - Other Deductions and attach     atrical work is exempt from the rent that is attributable to the part
a schedule.                               tax with respect to the rent paid of the premises used for business
                                          for the taxable premises for a pe- purposes. In such a case, the rent
For a more detailed discussion of
                                          riod not exceeding 52 weeks from attributable to business use is the
deductions in calculating base rent
                                          the date production commenced. amount which the tenant deducts as
refer to Section 11-704 of the NYC
                                          For purposes of this exemption, rent for the premises for federal in-
Administrative Code and Section
                                          production will be considered to come tax purposes.
7-01 “Base Rent” of the Commer-
                                          commence on the date public per-
cial Rent Tax Rules. (Title 19,
                                          formances begin;                   WHEN AND WHERE TO FILE
Rules of the City of New York,
                                          beginning August 30, 2005, ten- File your return within 20 days
Chapter 7.)                         5.
                                          ants in the World Trade Center after the end of the period cov-
                                          Area, as defined in section 11- ered by this return. Interest will
EXEMPTIONS
                                          704(6) of the NYC Ad. Code. be assessed after the filing of the
The following are exempt from
                                          See “Highlights of New Legisla- annual return if this quarterly return
payment of the Commercial Rent
                                                                             is filed late. The return should be
Tax:                                      tion”;
                                                                             mailed to:
1. a tenant whose annualized base 6.      beginning December 1, 2005, for
                                          retail sales purposes in the Com- NYC Department of Finance
   rent before the 35% rent reduc-
                                          mercial Revitalization Program P.O. Box 5150
   tion and the NYC Commercial
                                          abatement zone. See “Highlights Kingston, NY 12402-5150
   Revitalization Program special
   reduction (line 5b) is less than       of New Legislation” and Admin-
   $250,000 for period beginning on       istrative Code §11-704(c)(9).
                                          Premises used for retail purposes ELECTRONIC FILING
   or after June 1, 2001. The annu-
   alized base rent for a period of       are premises used for the selling Note: Register for electronic fil-
   less than one year is determined       of tangible goods directly to the ing. It is an easy, secure and con-
   as if the rent had been paid on an     ultimate consumer. Administra- venient way to file and pay taxes
   equivalent basis for an entire         tive Code §11-701(c)(20). Tangi- on-line. For more information
                                          ble goods include such things as log on to nyc.gov/nycefile
   year;
                                          food, clothing and appliances, but
2. a tenant who uses premises for
Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY                     Page 5

HOWTO COMPLETE                                                                  LINE 2 - GROSS RENT PAID
                                     wise represent you before the De-
QUARTERLYTAX FORM CR-Q1              partment. The authorization cannot         Determine amount of gross rent paid
G Complete this return by begin-     be revoked, however, the authori-          for each premises and enter on this line
  ning on page 2.                    zation will automatically expire no        (Refer to “What Constitutes Rent”,
                                     later than the due date (without re-       page 2.) If you occupy more than one
    Complete the entire schedule for gard to any extensions) for filing         location within the same premises, the
    each premises.
G
                                     next year's return. Failure to             gross rent paid is considered the total
                                     check the box will be deemed a             of all rents paid in those premises. If
    If you rent more than three
    premises or have more than one denial of authority.                         your gross rent is based on a percentage
G

                                                                                of sales receipts, exclude the excess of
    subtenant, attach an additional
                                                                                15% of those receipts. If you rent an
    schedule.
                                         SPECIFIC                               entire apartment, hotel suite, or other
Preparer Authorization: If you                                                  accommodation that you use or occupy
                                         INSTRUCTIONS
want to allow the Department of Fi-                                             for commercial activities and claim as
nance to discuss your return with                                               a business deduction, the full amount
                                         PAGE 2 - Computation of Base
the paid preparer who signed it, you                                            of the rent must be entered. If you pay
                                         Rent
must check the quot;yesquot; box in the sig-                                            a single rent to one lessor for two or
                                         For purposes of completing this
nature area of the return. This au-                                             more taxable premises, see section 7-
                                         form round off cents to the near-
thorization applies only to the                                                 01 “Allocation of single rent for two or
                                         est whole dollar.
individual whose signature appears                                              more taxable premises” of the Com-
in the quot;Preparer's Use Onlyquot; sec-                                               mercial Rent Tax Rules (Title 19, Rules
                                         LINE 1 - TAXABLE
tion of your return. It does not                                                of the City of NewYork, Chapter 7) for
                                         PREMISES
apply to the firm, if any, shown in                                             the method to be used to allocate rent
                                         Enter address, zip code and block
that section. By checking the quot;Yesquot;                                             among the taxable premises.
                                         and lot number of each taxable
box, you are authorizing the De-
                                                                                LINE 3 - RESIDENTIAL RENT
                                         premises where the annualized
partment of Finance to call the pre-
                                         gross rent exceeds $200,000. To        If you use your home for business and
parer to answer any questions that
                                         find the block and lot number cor-     residential purposes, enter here the
may arise during the processing of
                                         responding to the taxable premises,    amount of the rent attributable to resi-
your return. Also, you are author-
                                         log on to the Department of Fi-        dential use only. It is presumed that the
izing the preparer to:
                                         nance website at www.nyc.gov/fi-       amount you claimed as a business de-
    Give the Department any infor-       nance and mouse over the Real          duction for rent on your federal income
    mation missing from your re-
G
                                         Estate Tax (blue bar) drop down        tax return is the amount of rent attrib-
    turn,                                menu, click on “Assessment Roll”       utable to business use of the premises.
                                         and click on “Search by Address”.
    Call the Department for infor-
                                                                                LINE 4 - RENT FROM
                                         Alternatively, the block and lot
    mation about the processing of
G

                                                                                SUBTENANT(S)
                                         number can be obtained from your
    your return or the status of your
                                         landlord or managing agent. If you     Enter here amounts paid or due to you
    refund or payment(s), and
                                         have more than three such prem-        as rent from any subtenant. In com-
    Respond to certain notices that      ises, make copies of page 2 or at-     puting base rent, rent received from a
    you have shared with the pre-        tach a schedule giving the same        subtenant subject to the tax or not sub-
G

    parer about math errors, offsets,    information required by the form       ject to tax because its annualized base
    and return preparation. The no-      showing figures and computations       rent is less than $250,000 for period
    tices will not be sent to the pre-   clearly. Make sure the copies or the   beginning on or after June 1, 2001, and
    parer.                               schedule bear the taxpayer’s name,     rent received from a subtenant that is a
                                         address, period covered by the re-     governmental entity, the UN, or a non-
You are not authorizing the pre-         turn, Account ID Number, and Em-       profit religious, charitable or educa-
parer to receive any refund check,       ployer Identification Number or        tional entity exempt from the tax, may
bind you to anything (including any      Social Security Number.                be deducted by a prime tenant.
additional tax liability), or other-
Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY                        Page 6

Also enter the subtenant’s name,         and Commercial Rent Tax benefits           special reduction for the base year is
Employer Identification Number           with respect to qualifying leases of       equal to the base rent and for all other
(for corporations or partnerships) or    premises in the Title 4 abatement zone,    12 month periods is equal to the
Social Security Number (if a sole        defined generally as the area in Man-      lesser of the base rent for such
proprietorship). Note that such          hattan bounded by Murray Street and        twelve-month period or the base rent
rents may be deducted only from          Frankfort Street on the north, and South
                                                                                    for the base year. see Administrative
the gross rent of the premises which     Street, Battery Place and West Street on
                                                                                    Code §11-704.i.2.(b-2).
the subtenant occupies and may not       the east, south and west, respectively.
be applied against any other prem-       Effective for qualifying leases signed     For more information concerning el-
ises rented by the taxpayer.             between July 1, 2005 and June 30,          igibility requirements under the
                                         2009, the premises can be in eligible      NYC Commercial Revitalization
If you have more than one sub-           buildings located south of Canal Street.   Program, please e-mail:
tenant, make copies of page 2 or at-     Leases must be new, renewal or ex-                nyc.gov/contactfinance
tach a schedule giving the same          pansion leases with lease commence-
details as required on page 2.           ment dates beginning on or after April
                                         1, 1997 and must meet minimum lease              SPECIAL NOTE FOR
In entering amounts paid by sub-
                                         term and expenditure requirements.              ELIGIBLE TAXPAYERS
tenants whose rent is based on a
                                         Expanded benefits are available for         The amount of the special reduc-
percentage of sales receipts, ex-
                                         qualifying leases signed between July
clude the amount in excess of 15%                                                    tion available to eligible taxpayers
                                         1, 2005 and June 30, 2009.
of those receipts.                                                                   under the NYC Commercial Revi-
                                                                                     talization Program (line 5b) IS
                                         Under the original program, for
Amounts received by a garage or                                                      NOT taken into account and must
                                         leases with an initial lease term of at
parking lot operator for allowing the                                                be added to the line 7 amount for
                                         least three years but less than five
parking of a vehicle anywhere on his                                                 the following purposes:
premises is not deductible unless:       years, the special reduction is avail-
                                                                                     G annualizing the base rent
                                         able for up to 36 months. The reduc-
a) a particular space has been per-
                                                                                       (lines 10-12),
                                         tion for the base year, i.e., the twelve
   manently assigned for the ex-
                                                                                     G determining whether the tax-
                                         month period commencing on the
   clusive use of the tenant; and
                                                                                       payer is exempt because its
                                         rent commencement date, is equal to
b) the vehicle is used for commer-                                                     base rent is below $250,000
                                         the base rent. The special reduction
   cial purposes by the tenant; and                                                    for periods beginning on or
                                         for the two twelve month periods fol-         after June 1, 2001 (see quot;EX-
c) a completed Certificate of As-
                                         lowing the base year is equal to 2/3
   signed Space Use has been                                                           EMPTIONSquot; on page 2 of
                                         and 1/3, respectively, of the lesser of
   taken from the tenant.                                                              these instructions),
                                         the base rent for that 12 month period      G determining the amount of
LINE 5a - OTHER DEDUCTIONS               or the base rent for the base year.           credit available (line 16), and
                                         Where the lease is at least five years
Enter here any amounts included in                                                   G determining the applicable tax
                                         long, the special reduction is avail-
gross rent allowable as deductions                                                     rate. However, once the appli-
                                                                                       cable rate is determined, enter
                                         able for up to sixty months with a
for eligible taxpayers and detail such
                                                                                       the amount on line 9 (after the
                                         similar decrease for the last two
deductions on an attached schedule.
                                                                                       special reduction) on line 13
                                         twelve month periods of that period.
                                                                                       or 14, whichever is applicable.
LINE 5b - COMMERCIAL                     See Administrative Code §11-
REVITALIZATION PROGRAM                   704.i.2.(b) and (b-1). Effective Au-
SPECIAL REDUCTION (SEE                   gust 30, 2005, for qualifying leases       LINE 6 - TOTAL
HIGHLIGHTS OF NEW
                                         (which do not include subleases)           DEDUCTIONS
LEGISLATION)
                                                                                    Add lines 3 through 5b and enter
                                         with an initial or renewal lease term
The NYC Commercial Revitalization
                                                                                    the total deductions in line 6.
                                         of at least five years, signed between
Program provides both Real Estate Tax
                                         July 1, 2005 and June 30, 2009, the
Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY                       Page 7
LINE 7 - BASE RENT                    LINES 13 AND 14 - RATE                        PAGE 1
BEFORE THE 35%                        CLASS                                         Computation of Tax
RENT REDUCTION                        G If lines 10 through 12 are not ap-
                                                                                    LINE A - PAYMENT
Subtract line 6 from line 2 to obtain   plicable, and if the sum of lines 7
                                                                                    Enter the amount of payment re-
the amount of your base rent before     and 5b is $62,499 or less and rep-
                                                                                    mitted with this return in the space
the 35% rent reduction.                 resents rent for the full three-
                                                                                    provided.
                                        month period, transfer the amount
Note: See highlighted NOTE              on line 9 (not the amount on line
         under line 9, Page 2 of the                                                LINES 1 AND 2 -
                                        7) to line 13. If the sum of lines 7
         tax form.                                                                  COMPUTATION OF TAX DUE
                                        and 5b is $62,500 or more and
                                                                                    Enter the number of taxable premises
                                        represents rent for the full three-
LINE 8 - 35% RENT                                                                   youhaveoccupiedorusedduringthetax
                                        month period, transfer the amount
REDUCTION                                                                           period in the appropriate columns on
                                        on line 9 (not the amount on line
Multiply line 7 by 35% and enter                                                    lines 1 and 2.
                                        7) to line 14.
here.
                                                                                    Enter on lines 1 and 2, whichever ap-
                                      G If lines 10 through 12 are appli-
                                                                                    plies, your base rent totals for all
LINE 9 - BASE RENT SUBJECT              cable, and if the line 12 amount            premises in each class calculated on
TO TAX                                  is $62,499 or less, transfer the            lines 13 and 14 from page 2. Multi-
Subtract line 8 from line 7 to obtain   amount on line 9 (not the                   ply “total base rent” on line 2 by the
the amount of your base rent sub-       amount on line 12) to line 13.              tax rate of 6% and enter the result in
ject to tax.                            If the line 12 amount is $62,500            the column under “tax due.” This
                                        or more, transfer the amount on             amount should equal the total tax due
ANNUALIZATION OF BASE                   line 9 (not the amount on line              before credit of all the premises of
RENT                                    12) to line 14.                             line 15 from page 2.
Complete lines 10 through 12 only
if the amount shown on line 7 does G Transfer the totals of lines 13 and
                                                                                    LINE 3 - TAX CREDIT
not represent rent paid for the full    14 to lines 1 and 2 respectively,           Enter the total amount of tax credit
three-month period.                     page 1 of the form.                         of all the premises from line 16,
                                                                                    page 2.
LINE 10 - MONTHS AT                        LINE 15 - TAX DUE
PREMISES                                   BEFORE CREDIT
                                                                                    LINE 4 - TOTAL REMIT-
Enter the dates (month and year)           Multiply line 14 amounts by 6%
                                                                                    TANCE DUE
that occupancy or use of such              and enter the result on line 15. This
                                                                                    Deduct line 3 from line 2. The re-
premises began and ended. Com-             is your tax due before the tax credit.
                                                                                    sult will be the total remittance due
pute the number of months occu-             The total of line 15 should equal
                                                                                    for the period. Make your check
pied or used to the nearest full           the amount calculated as tax due on
                                                                                    payable to the order of:
month and enter.                           line 2, page 1 of the form.
                                                                                     NYC Department of Finance
LINE 11 - MONTHLY BASE               LINE 16 - TAX CREDIT                  Enter the amount of payment remit-
RENT BEFORE RENT                     Compute your tax credit using the ted with this return on Line A in the
REDUCTION                            Tax Credit Computation Worksheet space provided.
Divide the sum of lines 7 and 5b by  provided at the bottom of page 2 of
line 10 to arrive at the average monthly
                                     the form and enter the result on line
base rent, before rent reduction.                                            G Be sure that your name, EIN or
                                     16. Transfer the total of line 16 to
                                     line 3, page 1 of the form.                SSN, and Account ID Number ap-
LINE 12 - QUARTERLY
                                                                                pear on the face of the check.
BASE RENT
                                                                             G Don’t forget to sign your return.
Multiply line 11 by 3 (months). This
is your quarterly base rent, before
rent reduction.
Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY               Page 8

TAXPAYER ASSISTANCE                   used to facilitate the processing of
FOR COMMERCIAL RENT                   tax returns and to establish and
TAX ONLY                              maintain a uniform system for
If you have a Commercial Rent         identifying taxpayers who are or
Tax-related question or problem,      may be subject to taxes adminis-
please call (212) 232-1265/1267
                                      tered and collected by the Depart-
Monday through Friday, between
                                      ment of Finance. Such numbers
the hours of 9:00 a.m. and 5:00
                                      may also be disclosed as part of in-
p.m. Hearing and speech impaired
                                      formation contained in the tax-
customers can call our TTY num-
ber at (212) 504-4115.                payer’s return to another
                                      department, person, agency or en-
You can receive information or con- tity as may be required by law, or if
tact us by visiting the Department the taxpayer gives written authori-
of Finance’s Internet web site at
                                      zation to the Department of Fi-
nyc.gov/finance
                                      nance.
DID YOUR MAILING
ADDRESS CHANGE?
If so, please visit us at nyc.gov/fi-
nance and click “Update Name
and Address” in the blue “Business
Taxes” box. This will bring you to
the “Business Taxes Change of
Name, Address or Account Infor-
mation”. Update as required.

PRIVACY ACT
NOTIFICATION
The Federal Privacy Act of 1974,
as amended, requires agencies re-
questing Social Security Numbers
to inform individuals from whom
they seek this information as to
whether compliance with the re-
quest is voluntary or mandatory,
why the request is being made and
how the information will be used.
The disclosure of Social Security
Numbers by taxpayers is manda-
tory and is required by section 11-
102.1 of the Administrative Code
of the City of New York. Disclo-
sure by subtenants is voluntary.
Such numbers disclosed on any re-
port or return are requested for tax
administration purposes and will be
                                                                                      CR-Q2 Instructions 2-Qtr 2008/2009

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CR-Q 2008-09 Commercial Rent Tax 2nd Quarter Return

  • 1. Instructions for Form CR-Q2 New York City Department of Finance TM Finance Commercial Rent Tax Quarterly Return Applicable for the tax period September 1, 2008 to November 30, 2008, ONLY HIGHLIGHTS OF NEW LEGISLATION (Ch. 2 of the Laws of 2005, Pt. A.) Effective August 30, 2005, tenants located in the “World Trade Center Area”, as defined are exempt from the tax (see Page 4 - Exemptions #5). The World Trade Center is defined as: the area in the borough of Manhattan G bounded by Church Street on the east starting at the intersection of Liberty Street and Church Street; running northerly along the center line of Church Street to the intersection of Church Street and Vesey Street; running west- erly along the center line of Vesey Street to the intersection of Vesey Street and West Broadway; running northerly along the center line of West Broadway to the intersection of West Broadway and Barclay Street; running west- erly along the center line of Barclay Street to the intersection of Barclay Street and Washington Street; running southerly along the center line of Washington Street to the intersection of Washington Street and Vesey Street; run- ning westerly along the center line of Vesey Street to the intersection of Vesey Street and West Street; running southerly along the center line of West Street to the intersection of West Street and Liberty Street; running easterly along the center line of Liberty Street to the intersection of Liberty Street and Washington Street; running southerly along the center line of Washington Street to the intersection of Washington Street and Albany Street; running easterly along the center line of Albany Street to the intersection of Albany Street and Greenwich Street; running northerly along the center line of Greenwich Street to Liberty Street; and running easterly along the center line of Liberty Street to the intersection of Liberty Street and Church Street. Effective August 30, 2005, the Commercial Rent Tax reduction program is expanded for those taxpayers who are eligible for the Commercial Revitalization Program benefits to include more buildings and to pro- G vide a greater base rent reduction as follows: a. The new law expands the program to include buildings south of Canal Street that received their certificate of occupancy after 1975. b. The new law provides for a base rent reduction for the first five years of the lease equal to the lesser of the first year’s rent or 100% of the rent paid for the period. c. This expansion is available for leases, but not subleases, having a term of at least five years beginning be- tween 7/1/2005 and 6/30/2009. d. No base rent reduction is allowed under this program for tax periods beginning after 3/31/2013. The new law did not change the expiration date. e. For purposes of applying such special reduction, the base rent for the base year shall, where necessary to determine the amount of the special reduction allowable with respect to any number of months falling within a tax period, be prorated by dividing the base rent for the base year by twelve and multiplying the result by such number of months. As of December 1, 2005, the new law will also exempt the rent paid for premises used for retail sales pur- poses (see Page 4 - Exemptions #6) where such premises are located in the Commercial Revitalization Pro- G gram abatement zone, which is the area in the borough of Manhattan bounded by Murray Street on the North starting at the intersection of West Street and Murray Street; running easterly along the center line of Murray Street connecting through City Hall Park with the center line of Frankfort Street and running easterly along the center lines of Frankfort and Dover Streets to the intersection of Dover Street and South Street; running southerly along the center line of South Street to Peter Minuit Plaza; connecting through Peter Minuit Plaza to the center line of State Street and running northwesterly along the center line of State Street to the intersection of State Street and Battery Place; running westerly along the center line of Battery Place to the intersection of Battery Place and West Street; and running northerly along the center line of West Street to the intersection of West Street and Murray Street. Any tax lot partly located inside this area is deemed to be entirely located in- side the area.
  • 2. Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY Page 2 IMPORTANT G In computing base rent, rent ant must file a final return for the INFORMATION received from subtenants may entire year (Form CR-A) within 20 be deducted by a prime ten- days from the date the tenant ceases G Taxpayers whose annualized ant, regardless of the amount. to do business. If the tenant never- base rent before the 35% rent theless continues to pay rent for the G The Commercial Rent Tax reduction and the NYC Com- taxable premises, in which case the has been repealed with re- tenant must continue to file returns mercial Revitalization Program spect to rent paid for all and pay the tax. special reduction is less than premises located north of the $250,000 are no longer subject center line of 96th Street in If a tax return or payment is deliv- to the Commercial Rent Tax. Manhattan and the boroughs ered to the Department of Finance However, a tax return may be of the Bronx, Brooklyn, by U.S. mail after the due date, the required to be filed. Queens and Staten Island. date of the U.S. Postal Service post- G A taxcredit is allowed for tax- mark stamped on the envelope will payers whose annualized base be considered the date of delivery, GENERAL rent before the 35% rent re- provided the postmark date falls on INFORMATION duction and the NYC Com- or before the due date including any mercial Revitalization Program extension and the return was de- special reduction is at least FORMS TO BE USED AND posited in the mail, postage prepaid $250,000, but is less than PERIODS COVERED and properly addressed. Non-U.S. $300,000. The tax credit is cal- Every tenant subject to tax for a pe- Postal Service postmarks will also culated on page 2, line 16. riod must file a quarterly return be recognized, provided delivery to (Form CR-Q). Quarterly returns the Department of Finance occurs GA tax return is no longer re- are due for the three-month periods within five days of the postmark quired to be filed with respect ending on the last days of August, date. If the five-day limit is ex- to any premises if your annual November and February of each ceeded, the taxpayer must establish: or annualized gross rent paid tax year and must be filed within 20 a) the item was actually deposited is $200,000 or less and you do days after the end of the period they in the mail by the due date; b) the not receive over $200,000 in cover. delay in receipt was due to a delay rent from any subtenant. in the transmission of the mail; and Every tenant subject to tax must c) the cause of the delay. G A35% rent reduction is allowed file an annual return on Form CR- in computing base rent subject A. In addition, every tenant not If the due date falls on a Saturday, to Commercial Rent Tax. subject to tax for periods beginning Sunday or legal holiday, the due G The applicable tax rate for on or after June 1, 2001 because its date is extended to the next suc- each taxable premises is based annualized base rent before the ceeding business day. on the Base Rent Before Rent 35% rent reduction and the NYC Reduction and the NYC Com- Commercial Revitalization Pro- For late filings of quarterly returns, mercial Revitalization Pro- gram special reduction is less than interest must be paid on the amount gram special reduction (lines 7 $250,000 (refer to Exemptions, of the underpayment from the due and 5b, or line 12, if applica- below), will not be required to file date until the earlier of (1) 20 days ble). However, that tax rate is an annual return (CR–A) if, with after the end of the tax year, or (2) applied to the Base Rent Sub- respect to any premises, its an- the date as of which the tax paid for ject to Tax (line 9) in determin- nual or annualized gross rent is the tax year equals 75% of the full ing your tax for each taxable $200,000 or less, and it does not tax required to be paid for the tax premises. If that amount is less receive over $200,000 in rent year. The interest must only be than $250,000, no tax is due. If paid with the annual return. from any subtenant. that amount is at least $250,000 but less than $300,000, a tax If a tenant ceases to do business, the WHO IS A TENANT credit is allowed. tax is due immediately, and the ten- A tenant is a person who pays or is
  • 3. Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY Page 3 required to pay rent for premises as whole or in part to subtenants. Tax- constitutes rent paid for one taxable a lessee, sublessee, licensee or con- able premises include a specific premises. cessionaire. No tax return need be part of particular space in a ware- WHAT CONSTITUTES filed if the individual or the busi- house rented for the storage of BASE RENT ness entity is the same individual or goods, or in a garage, parking lot or entity owning the premises. The parking area rented for the parking Base rent is generally the rent paid tax form should be returned to the of motor vehicles, in connection for each taxable premises by a ten- Department of Finance stating the with the tenant’s conduct of busi- ant to the landlord for a period, less owner’s name and address, Em- ness or professional activity; also the amounts received by or due ployer Identification Number or included is a safe deposit box or such tenant for the same period Social Security Number, the ad- locker or beach cabana if used for from any subtenant of any part of dress of the property and the block business purposes. the premises. (See instructions to and lot number as shown on the line 4, Rent from Sub-tenant(s)). WHAT CONSTITUTES RENT real estate tax bill. Shareholders in Where the base rent is for a period cooperative corporations are not Rent is the consideration paid or re- of less than one year it must be an- considered “owners of record.” quired to be paid by a tenant for the nualized. Base rent is annualized use or occupancy of premises, valued The following situations do not ex- by assuming it was paid on an in money, whether received in money empt the tenant from tax: equivalent basis for the entire year. or otherwise, including all credits, property, or services of any kind, as a) where a building is owned, not by In computing base rent, rent re- well as any payment required to be a tenant but by a spouse or parent ceived from a subtenant subject to made by a tenant on behalf of the of the tenant; the tax or exempt from the tax be- landlord for real estate taxes, water cause the subtenant's annualized b) where a building is owned by and sewer charges, or any other ex- base rent is less than $250,000 for the tenant jointly or in common penses (including insurance) nor- period beginning on or after June 1, with another person, other than mally payable by a landlord who 2001, and rent received from a sub- a spouse; owns the realty, other than expenses tenant that is a governmental entity, for the improvement, repair or main- c) where a building is owned by a the UN, or a nonprofit religious, tenance of the tenant’s premises. corporation of which the tenant charitable or educational entity ex- is an officer or holder of all or empt from the tax may be deducted Where the rent paid by a tenant for part of the corporate stock; the occupancy of taxable premises is by a prime tenant. measured in whole or in part by the d) where the tenant is a corporation gross receipts from the sales within NOTE: Base rent paid by a tenant and the building is owned by a the premises, the rent, for purposes of for one taxable premise cannot be subsidiary corporation or by a computing the Commercial Rent Tax reduced by deducting rents re- parent corporation; is the actual percentage of gross re- ceived by that tenant for another ceipts due the landlord, but not in ex- taxable premise of which he is also e) where the tenant is a corporation a tenant. and the building is owned by an cess of 15% of gross receipts. officer or stockholder of the cor- A tenant is also entitled to deduct Tenant shareholders in cooperative poration. from the base rent amounts paid by buildings should calculate the the tenant for the tenant’s own use amount of rent subject to tax as WHAT CONSTITUTES of the premises: provided in Section 7-01 “Rent” of TAXABLE PREMISES Taxable premises are premises used the Commercial Rent Tax Rules. a) for railroad, air, or omnibus or intended to be used to carry on (Title 19, Rules of the City of New transportation purposes; any trade, business, professional, York, Chapter 7) If a tenant uses vocational or commercial activity, two or more taxable locations in the b) for piers, insofar as they are including premises used solely for same building at the same time, the used in interstate or foreign the purpose of renting the same in total rent paid for all such locations commerce;
  • 4. Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY Page 4 c) which are located in, on, above, 14 days or less (whether or not do not include insurance, banking or under a public place and are consecutive) in a tax year, and or other types of services; and defined by law as special fran- is not required to pay rent for a 7. various governmental bodies, the chise property; longer period; U.N., and nonprofit religious, d) which are advertising space or 3. a tenant (other than the operator charitable and educational or- signs, vending machines, or of a hotel, apartment hotel or ganizations. Other nonprofit or- newsstands in subway or ele- lodging house) who uses prem- ganizations may be exempt from vated railroad premises operated ises for residential renting to the tax. For more information, by the New York City Transit others to the extent of 75% or see Sections 7-04 through 7-06 Authority when the rent is more of the rentable floor space; of the Commercial Rent Tax payable to the Transit Authority; Rules. (Title 19, Rules of the 4. a tenant who uses premises for or City of New York, Chapter 7) certain dramatic or musical arts performances for less than 4 COMBINED BUSINESS/ e) which is parking space subject to weeks where the performances RESIDENTIAL USE the additional 8% parking tax im- are not intended to continue for Where a tenant pays an undivided posed under Administrative Code less than 4 weeks. A tenant who rent for a premises used both for Section 11-2049. uses taxable premises for the pro- residential and business purposes, NOTE: Report these deductions on duction and performance of a the- the tax applies to that part of the line 5a - Other Deductions and attach atrical work is exempt from the rent that is attributable to the part a schedule. tax with respect to the rent paid of the premises used for business for the taxable premises for a pe- purposes. In such a case, the rent For a more detailed discussion of riod not exceeding 52 weeks from attributable to business use is the deductions in calculating base rent the date production commenced. amount which the tenant deducts as refer to Section 11-704 of the NYC For purposes of this exemption, rent for the premises for federal in- Administrative Code and Section production will be considered to come tax purposes. 7-01 “Base Rent” of the Commer- commence on the date public per- cial Rent Tax Rules. (Title 19, formances begin; WHEN AND WHERE TO FILE Rules of the City of New York, beginning August 30, 2005, ten- File your return within 20 days Chapter 7.) 5. ants in the World Trade Center after the end of the period cov- Area, as defined in section 11- ered by this return. Interest will EXEMPTIONS 704(6) of the NYC Ad. Code. be assessed after the filing of the The following are exempt from See “Highlights of New Legisla- annual return if this quarterly return payment of the Commercial Rent is filed late. The return should be Tax: tion”; mailed to: 1. a tenant whose annualized base 6. beginning December 1, 2005, for retail sales purposes in the Com- NYC Department of Finance rent before the 35% rent reduc- mercial Revitalization Program P.O. Box 5150 tion and the NYC Commercial abatement zone. See “Highlights Kingston, NY 12402-5150 Revitalization Program special reduction (line 5b) is less than of New Legislation” and Admin- $250,000 for period beginning on istrative Code §11-704(c)(9). Premises used for retail purposes ELECTRONIC FILING or after June 1, 2001. The annu- alized base rent for a period of are premises used for the selling Note: Register for electronic fil- less than one year is determined of tangible goods directly to the ing. It is an easy, secure and con- as if the rent had been paid on an ultimate consumer. Administra- venient way to file and pay taxes equivalent basis for an entire tive Code §11-701(c)(20). Tangi- on-line. For more information ble goods include such things as log on to nyc.gov/nycefile year; food, clothing and appliances, but 2. a tenant who uses premises for
  • 5. Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY Page 5 HOWTO COMPLETE LINE 2 - GROSS RENT PAID wise represent you before the De- QUARTERLYTAX FORM CR-Q1 partment. The authorization cannot Determine amount of gross rent paid G Complete this return by begin- be revoked, however, the authori- for each premises and enter on this line ning on page 2. zation will automatically expire no (Refer to “What Constitutes Rent”, later than the due date (without re- page 2.) If you occupy more than one Complete the entire schedule for gard to any extensions) for filing location within the same premises, the each premises. G next year's return. Failure to gross rent paid is considered the total check the box will be deemed a of all rents paid in those premises. If If you rent more than three premises or have more than one denial of authority. your gross rent is based on a percentage G of sales receipts, exclude the excess of subtenant, attach an additional 15% of those receipts. If you rent an schedule. SPECIFIC entire apartment, hotel suite, or other Preparer Authorization: If you accommodation that you use or occupy INSTRUCTIONS want to allow the Department of Fi- for commercial activities and claim as nance to discuss your return with a business deduction, the full amount PAGE 2 - Computation of Base the paid preparer who signed it, you of the rent must be entered. If you pay Rent must check the quot;yesquot; box in the sig- a single rent to one lessor for two or For purposes of completing this nature area of the return. This au- more taxable premises, see section 7- form round off cents to the near- thorization applies only to the 01 “Allocation of single rent for two or est whole dollar. individual whose signature appears more taxable premises” of the Com- in the quot;Preparer's Use Onlyquot; sec- mercial Rent Tax Rules (Title 19, Rules LINE 1 - TAXABLE tion of your return. It does not of the City of NewYork, Chapter 7) for PREMISES apply to the firm, if any, shown in the method to be used to allocate rent Enter address, zip code and block that section. By checking the quot;Yesquot; among the taxable premises. and lot number of each taxable box, you are authorizing the De- LINE 3 - RESIDENTIAL RENT premises where the annualized partment of Finance to call the pre- gross rent exceeds $200,000. To If you use your home for business and parer to answer any questions that find the block and lot number cor- residential purposes, enter here the may arise during the processing of responding to the taxable premises, amount of the rent attributable to resi- your return. Also, you are author- log on to the Department of Fi- dential use only. It is presumed that the izing the preparer to: nance website at www.nyc.gov/fi- amount you claimed as a business de- Give the Department any infor- nance and mouse over the Real duction for rent on your federal income mation missing from your re- G Estate Tax (blue bar) drop down tax return is the amount of rent attrib- turn, menu, click on “Assessment Roll” utable to business use of the premises. and click on “Search by Address”. Call the Department for infor- LINE 4 - RENT FROM Alternatively, the block and lot mation about the processing of G SUBTENANT(S) number can be obtained from your your return or the status of your landlord or managing agent. If you Enter here amounts paid or due to you refund or payment(s), and have more than three such prem- as rent from any subtenant. In com- Respond to certain notices that ises, make copies of page 2 or at- puting base rent, rent received from a you have shared with the pre- tach a schedule giving the same subtenant subject to the tax or not sub- G parer about math errors, offsets, information required by the form ject to tax because its annualized base and return preparation. The no- showing figures and computations rent is less than $250,000 for period tices will not be sent to the pre- clearly. Make sure the copies or the beginning on or after June 1, 2001, and parer. schedule bear the taxpayer’s name, rent received from a subtenant that is a address, period covered by the re- governmental entity, the UN, or a non- You are not authorizing the pre- turn, Account ID Number, and Em- profit religious, charitable or educa- parer to receive any refund check, ployer Identification Number or tional entity exempt from the tax, may bind you to anything (including any Social Security Number. be deducted by a prime tenant. additional tax liability), or other-
  • 6. Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY Page 6 Also enter the subtenant’s name, and Commercial Rent Tax benefits special reduction for the base year is Employer Identification Number with respect to qualifying leases of equal to the base rent and for all other (for corporations or partnerships) or premises in the Title 4 abatement zone, 12 month periods is equal to the Social Security Number (if a sole defined generally as the area in Man- lesser of the base rent for such proprietorship). Note that such hattan bounded by Murray Street and twelve-month period or the base rent rents may be deducted only from Frankfort Street on the north, and South for the base year. see Administrative the gross rent of the premises which Street, Battery Place and West Street on Code §11-704.i.2.(b-2). the subtenant occupies and may not the east, south and west, respectively. be applied against any other prem- Effective for qualifying leases signed For more information concerning el- ises rented by the taxpayer. between July 1, 2005 and June 30, igibility requirements under the 2009, the premises can be in eligible NYC Commercial Revitalization If you have more than one sub- buildings located south of Canal Street. Program, please e-mail: tenant, make copies of page 2 or at- Leases must be new, renewal or ex- nyc.gov/contactfinance tach a schedule giving the same pansion leases with lease commence- details as required on page 2. ment dates beginning on or after April 1, 1997 and must meet minimum lease SPECIAL NOTE FOR In entering amounts paid by sub- term and expenditure requirements. ELIGIBLE TAXPAYERS tenants whose rent is based on a Expanded benefits are available for The amount of the special reduc- percentage of sales receipts, ex- qualifying leases signed between July clude the amount in excess of 15% tion available to eligible taxpayers 1, 2005 and June 30, 2009. of those receipts. under the NYC Commercial Revi- talization Program (line 5b) IS Under the original program, for Amounts received by a garage or NOT taken into account and must leases with an initial lease term of at parking lot operator for allowing the be added to the line 7 amount for least three years but less than five parking of a vehicle anywhere on his the following purposes: premises is not deductible unless: years, the special reduction is avail- G annualizing the base rent able for up to 36 months. The reduc- a) a particular space has been per- (lines 10-12), tion for the base year, i.e., the twelve manently assigned for the ex- G determining whether the tax- month period commencing on the clusive use of the tenant; and payer is exempt because its rent commencement date, is equal to b) the vehicle is used for commer- base rent is below $250,000 the base rent. The special reduction cial purposes by the tenant; and for periods beginning on or for the two twelve month periods fol- after June 1, 2001 (see quot;EX- c) a completed Certificate of As- lowing the base year is equal to 2/3 signed Space Use has been EMPTIONSquot; on page 2 of and 1/3, respectively, of the lesser of taken from the tenant. these instructions), the base rent for that 12 month period G determining the amount of LINE 5a - OTHER DEDUCTIONS or the base rent for the base year. credit available (line 16), and Where the lease is at least five years Enter here any amounts included in G determining the applicable tax long, the special reduction is avail- gross rent allowable as deductions rate. However, once the appli- cable rate is determined, enter able for up to sixty months with a for eligible taxpayers and detail such the amount on line 9 (after the similar decrease for the last two deductions on an attached schedule. special reduction) on line 13 twelve month periods of that period. or 14, whichever is applicable. LINE 5b - COMMERCIAL See Administrative Code §11- REVITALIZATION PROGRAM 704.i.2.(b) and (b-1). Effective Au- SPECIAL REDUCTION (SEE gust 30, 2005, for qualifying leases LINE 6 - TOTAL HIGHLIGHTS OF NEW (which do not include subleases) DEDUCTIONS LEGISLATION) Add lines 3 through 5b and enter with an initial or renewal lease term The NYC Commercial Revitalization the total deductions in line 6. of at least five years, signed between Program provides both Real Estate Tax July 1, 2005 and June 30, 2009, the
  • 7. Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY Page 7 LINE 7 - BASE RENT LINES 13 AND 14 - RATE PAGE 1 BEFORE THE 35% CLASS Computation of Tax RENT REDUCTION G If lines 10 through 12 are not ap- LINE A - PAYMENT Subtract line 6 from line 2 to obtain plicable, and if the sum of lines 7 Enter the amount of payment re- the amount of your base rent before and 5b is $62,499 or less and rep- mitted with this return in the space the 35% rent reduction. resents rent for the full three- provided. month period, transfer the amount Note: See highlighted NOTE on line 9 (not the amount on line under line 9, Page 2 of the LINES 1 AND 2 - 7) to line 13. If the sum of lines 7 tax form. COMPUTATION OF TAX DUE and 5b is $62,500 or more and Enter the number of taxable premises represents rent for the full three- LINE 8 - 35% RENT youhaveoccupiedorusedduringthetax month period, transfer the amount REDUCTION period in the appropriate columns on on line 9 (not the amount on line Multiply line 7 by 35% and enter lines 1 and 2. 7) to line 14. here. Enter on lines 1 and 2, whichever ap- G If lines 10 through 12 are appli- plies, your base rent totals for all LINE 9 - BASE RENT SUBJECT cable, and if the line 12 amount premises in each class calculated on TO TAX is $62,499 or less, transfer the lines 13 and 14 from page 2. Multi- Subtract line 8 from line 7 to obtain amount on line 9 (not the ply “total base rent” on line 2 by the the amount of your base rent sub- amount on line 12) to line 13. tax rate of 6% and enter the result in ject to tax. If the line 12 amount is $62,500 the column under “tax due.” This or more, transfer the amount on amount should equal the total tax due ANNUALIZATION OF BASE line 9 (not the amount on line before credit of all the premises of RENT 12) to line 14. line 15 from page 2. Complete lines 10 through 12 only if the amount shown on line 7 does G Transfer the totals of lines 13 and LINE 3 - TAX CREDIT not represent rent paid for the full 14 to lines 1 and 2 respectively, Enter the total amount of tax credit three-month period. page 1 of the form. of all the premises from line 16, page 2. LINE 10 - MONTHS AT LINE 15 - TAX DUE PREMISES BEFORE CREDIT LINE 4 - TOTAL REMIT- Enter the dates (month and year) Multiply line 14 amounts by 6% TANCE DUE that occupancy or use of such and enter the result on line 15. This Deduct line 3 from line 2. The re- premises began and ended. Com- is your tax due before the tax credit. sult will be the total remittance due pute the number of months occu- The total of line 15 should equal for the period. Make your check pied or used to the nearest full the amount calculated as tax due on payable to the order of: month and enter. line 2, page 1 of the form. NYC Department of Finance LINE 11 - MONTHLY BASE LINE 16 - TAX CREDIT Enter the amount of payment remit- RENT BEFORE RENT Compute your tax credit using the ted with this return on Line A in the REDUCTION Tax Credit Computation Worksheet space provided. Divide the sum of lines 7 and 5b by provided at the bottom of page 2 of line 10 to arrive at the average monthly the form and enter the result on line base rent, before rent reduction. G Be sure that your name, EIN or 16. Transfer the total of line 16 to line 3, page 1 of the form. SSN, and Account ID Number ap- LINE 12 - QUARTERLY pear on the face of the check. BASE RENT G Don’t forget to sign your return. Multiply line 11 by 3 (months). This is your quarterly base rent, before rent reduction.
  • 8. Instructions for Form CR-Q2 for the period of September 1, 2008 to November 30, 2008, ONLY Page 8 TAXPAYER ASSISTANCE used to facilitate the processing of FOR COMMERCIAL RENT tax returns and to establish and TAX ONLY maintain a uniform system for If you have a Commercial Rent identifying taxpayers who are or Tax-related question or problem, may be subject to taxes adminis- please call (212) 232-1265/1267 tered and collected by the Depart- Monday through Friday, between ment of Finance. Such numbers the hours of 9:00 a.m. and 5:00 may also be disclosed as part of in- p.m. Hearing and speech impaired formation contained in the tax- customers can call our TTY num- ber at (212) 504-4115. payer’s return to another department, person, agency or en- You can receive information or con- tity as may be required by law, or if tact us by visiting the Department the taxpayer gives written authori- of Finance’s Internet web site at zation to the Department of Fi- nyc.gov/finance nance. DID YOUR MAILING ADDRESS CHANGE? If so, please visit us at nyc.gov/fi- nance and click “Update Name and Address” in the blue “Business Taxes” box. This will bring you to the “Business Taxes Change of Name, Address or Account Infor- mation”. Update as required. PRIVACY ACT NOTIFICATION The Federal Privacy Act of 1974, as amended, requires agencies re- questing Social Security Numbers to inform individuals from whom they seek this information as to whether compliance with the re- quest is voluntary or mandatory, why the request is being made and how the information will be used. The disclosure of Social Security Numbers by taxpayers is manda- tory and is required by section 11- 102.1 of the Administrative Code of the City of New York. Disclo- sure by subtenants is voluntary. Such numbers disclosed on any re- port or return are requested for tax administration purposes and will be CR-Q2 Instructions 2-Qtr 2008/2009