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New York, NY Local Taxes & Fees: Business Tax Classification (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Effective date
Tax years beginning January 1, 2015
GCT applies to
S-corps and qualified S subsidiaries only
All other corporations file
Corporate Tax of 2015 (Subchapter 3-A)
Governing law
Administrative Code § 11-602.1
Enforcing agency
NYC Department of Finance

Summary

New York City taxes S-corporations and their qualified subsidiaries under the General Corporation Tax, while every other corporation pays the Corporate Tax of 2015 instead, per Administrative Code § 11-602.1.

For taxable years beginning on or after January first, two thousand fifteen, the tax imposed under this subchapter shall only apply to a corporation that (a) has an election in effect under subsection (a) of section thirteen hundred sixty-two of the internal revenue code of 1986, as amended, or (b) is a qualified subchapter S subsidiary within the meaning of paragraph three of subsection (b) of section thirteen hundred sixty-one of the internal revenue code of 1986, as amended.

Full Breakdown

Since tax years beginning January 1, 2015, NYC's General Corporation Tax under Administrative Code Subchapter 2 applies only to corporations with a federal S-election in effect under Internal Revenue Code § 1362(a), or their qualified subchapter S subsidiaries. Every other domestic or foreign corporation doing business, employing capital, or owning or leasing property in the city instead files under Subchapter 3-A, the Corporate Tax of 2015 (mirrored at Admin Code § 11-651). The Department of Finance uses this federal tax-election status, not company size, revenue, or industry, to sort each filer into the correct subchapter each year.

Violations & Fines

Filing under the wrong subchapter, or failing to file at all, exposes a corporation to Department of Finance assessment of the correct tax plus penalties and interest.

Frequently Asked Questions

Which NYC business tax applies to my corporation?
If your corporation has a federal S-election under IRC § 1362(a), or is a qualified subchapter S subsidiary, you file the General Corporation Tax; every other corporation files under the Corporate Tax of 2015 instead.
Does the classification depend on company size or industry?
No. Administrative Code § 11-602.1 sorts corporations solely by federal S-corporation election status, not by revenue, employee count, or line of business.

Sources & Official References

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