Form NYC-9.8 is a claim form for the Lower Manhattan Relocation Employment Assistance Program (LMREAP) credit that can be applied against the General Corporation Tax or Banking Corporation Tax. It provides instructions for calculating either a refundable or non-refundable credit depending on the tax year. The form includes a carryover schedule to track unused credits that can be applied in future years.
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1. 9.8
CLAIM FOR LOWER MANHATTAN RELOCATION EMPLOYMENT
NYC
ASSISTANCE PROGRAM (LMREAP) CREDIT APPLIED TO
NEW YORK CITY DEPARTMENT OF FINANCE
*00810891*
GENERAL CORPORATION TAX AND BANKING CORPORATION TAX
TM
Finance
ATTACH TO FORM NYC-3L, NYC-3A, NYC-1 or NYC-1A
USE FORM NYC-9.5 IF YOU ARE FILING A CLAIM FOR A REAP CREDIT. USE FORM NYC-9.6 IF YOU ARE FILING A CLAIM FOR
EITHER A REAL ESTATE TAX ESCALATION CREDIT OR AN EMPLOYMENT OPPORTUNITY RELOCATION COSTS CREDIT.
M Print or Type
Name as shown on NYC-3L, NYC-3A, NYC-1 or NYC-1A: EMPLOYER IDENTIFICATION NUMBER
Type of Business:
I COMMERCIAL I INDUSTRIAL I RETAIL
(check one) FEDERAL BUSINESS CODE
Corporation tax year for
which claim is made. Date ended: _______________________________ ____________________
MONTH YEAR
Form NYC-9.8 must be attached to and submitted with General Corporation Tax Return (Form NYC-3L), Combined General Corporation Tax Return (Form
NYC-3A), Banking Corporation Tax Return (Form NYC-1) or Combined Banking Corporation Tax return (Form NYC-1A) in order to claim the LMREAP credit.
Lower Manhattan Relocation and Employment Assistance Program (LMREAP) Credit
If credit is refundable, complete lines 1 and 11 and skip lines 2 through 10.
L
If credit is non-refundable, skip line 1 and complete lines 2 through 11.
REFUNDABLE CREDIT APPLIED AGAINST GENERAL CORPORATION TAX OR BANKING CORPORATION TAX
1. COMPUTATION OF REFUNDABLE CREDIT
Number of eligible aggregate employment shares: _______________ X $3,000........................................................... 1.
If you have carryover credits from preceding years, complete the carryover schedule below regardless of whether you will carry over credits to the current year.
L
Enter in column B (the applied column) the amount applied to each carryover year until the total applied agrees with the amount on line 6.
There is no non-refundable credit until the fifth taxable year after the year of the relocation.
NONREFUNDABLE CREDIT APPLIED AGAINST GENERAL CORPORATION TAX OR BANKING CORPORATION TAX - SEE INSTRUCTIONS
2. Current yearʼs tax, including sales tax addback if applicable less the UBT Paid Credit and the REAP Credit (see instr.) ................2.
3. Computation of current yearʼs credit:
(number of eligible aggregate employment shares: _______________ X $3,000................................................................................3.
4. If line 3 is greater than line 2, enter the difference and skip lines 5 through 8.
Transfer amount on line 2 to line 10 ...................................................................................................................................................... 4.
5. If line 3 is less than line 2, enter the difference. Complete carryover schedule below ................................................... 5.
6. Total carryover credits from prior taxable years (line 9f, column A below) .......................................................................... 6.
7. Amount of carryover credit that may be carried over to the current year.
Enter lesser of line 5 or line 6 ................................................................................................................................................................... 7.
8. Total allowable credit for current year. Sum of the current year credit plus
the applicable carryover from prior years. Add lines 3 and 7. Go to line 10 ...................................................................... 8.
LMREAP carryover schedule COLUMN C
COLUMN B
COLUMN A
APPLIED
You may not carry over the 5th CARRYOVER TO NEXT YEAR
CARRYOVER TO CURRENT YEAR
preceding yearʼs credit to next year. (column A minus column B)
(unused credit)
Carryover from 5th preceding year ... 9a.
9a.
Carryover from 4th preceding year ... 9b.
9b.
Carryover from 3rd preceding year ... 9c.
9c.
Carryover from 2nd preceding year.. 9d.
9d.
Carryover from 1st preceding year.... 9e.
9e.
Total................................................................. 9f.
9f.
10. Allowable nonrefundable LMREAP credit for current year (amount from line 2 or line 8, whichever is less)........... 10.
CREDIT
11. Line 1or line 10. Transfer amount to Form NYC-3L, Sch. A, line 8b; Form NYC-3A, Sch. A, line 10b;
Form NYC-1, Sch. A, line 8b or Form NYC-1A, Sch. A, line 10b;.................................................................................................. 11.
00810891 NYC - 9.8 2008 Rev 09.24.08
2. Form NYC-9.8 - 2008 Page 2
INSTRUCTIONS
General Information
LMREAP benefits are available only to taxpayers that have previously applied to the New York City Depart-
ment of Finance and received an Initial Certificate of Eligibility. The credit is not available for any relocation
prior to July 1, 2003.
You must attach your annual certificate of eligible aggregate employment shares (ACEAES) received from the
New York City Department of Finance and your initial Certificate of Eligibility.
Specific Instructions
Filers of Form NYC-1A - subtract the amounts on lines 9 and
The credit is refundable if the taxable year for which the credit
10a of Schedule A of the NYC-1A from the amount on line 8
is being claimed is either the year of the relocation or one of
of that schedule and enter the result here.
the four taxable years immediately succeeding the year of the
relocation. For example, if the year of relocation is the calen-
Line 4
dar tax year 2004, the credit will be refundable for the calen-
The amount on line 4 represents the amount of your LMREAP
dar tax years 2004 through 2008.
credit that you can carry forward to the next five taxable years
and apply against the tax for such years. Enter the amount
For later taxable years the credit is non-refundable. For ex-
from line 4 on line 9e of the Carryover Schedule of your next
ample, if the year of relocation is the calendar tax year 2004,
year’s Form NYC 9.8. See Instructions for Carryover Sched-
the credit will be nonrefundable for the calendar tax years 2009
ule below.
and thereafter. For relocations where the credit is refundable
fill out lines 1 and 11 and skip lines 2 through 10. For reloca-
Note: The following instructions are not applicable for tax
tions where the credit is non-refundable fill out lines 2 through
years beginning in 2008.
10 of this schedule and not line 1.
Carryover Schedule
A non-refundable LMREAP credit is limited to the tax imposed
If you have carryover credits from preceding years, complete
for the year less the UBT Paid Credit and the REAP credit. It
the carryover schedule regardless of whether you will use any
must be taken before all other credits except the UBT Paid
of the carryover credits this year. Enter on each line in col-
credit and the REAP credit. If the allowable non-refundable
umn B the amount from each carryover year starting with the
credit exceeds the tax imposed for the year less the UBT Paid
earliest preceding carryover year (line 9a) that can be applied
Credit and the REAP credit, the excess may be carried over to
to the current year. The total amount of carryover credits ap-
the five immediately succeeding taxable years and, to the ex-
plied to the current year (line 9f, column B) cannot exceed the
tent not previously utilized, may be credited against the tax-
amount on line 7.
payer's tax for such years.
Line 2
Filers of Form NYC-3L - add the amounts on lines 6 and 12 of
Schedule A of the NYC-3L then subtract the amounts on lines
7 and 8a of that schedule. Enter the result here.
Filers of Form NYC-3A - add the amounts on lines 8 and 14 of
Schedule A of the NYC-3A then subtract the amounts on lines
9 and 10a of that schedule. Enter the result here.
Filers of Form NYC-1 - subtract the amounts on lines 7 and 8a
of Schedule A of the NYC-1 from the amount on line 6 of that
schedule and enter the result here.