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Pass-Through Entity Tax

W A Harriman Campus, Albany NY 12227 Technical Memorandum TSB-M-21(1)C, (1)I Corporation Tax Income Tax August 25, 2021 Pass-Through Entity Tax The Pass-Through Entity tax (PTET) under new Tax Law Article 24-A1 is an optional tax that partnerships or New York S corporations may annually elect to pay on certain income for tax years beginning on or after January 1, 2021. If a partnership or New York S corporation elects to pay PTET, partners, members, or shareholders of an electing partnership or New York S corporation ( electing Entity ) who are subject to tax under Article 22 may be eligible for a PTET credit on their New York State income tax returns. Who may make the election Only an authorized person may make this election on behalf of an eligible partnership or S corporation. If the Entity is: Authorized persons include: a New York S corporation any officer, manager, or shareholder of the New York S corporation who is authorized under the law of the state where the corporation is incorporated or under the S corporation s organizational documents to make the election and who represents to having that authorization under penalty of perjury.

PTET on behalf of an eligible entity through the entity’s Business Online Services account, now through October 15, 2021. If the entity does not have a Business Online Services account, the authorized person will need to create one. For tax years beginning on or after January 1, 2022, the annual election may be made

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