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The New York IT-2659 form is a critical document for partnerships and New York S corporations that need to address the estimated tax penalties associated with underpayment or nonpayment of taxes owed on behalf of partners and shareholders. This form is specifically designed for entities that have nonresident individuals or corporations as partners or shareholders, ensuring that the correct estimated tax amounts are calculated and reported. It includes essential sections for identifying the legal name, trade name, and address of the business, as well as the employer identification number. Entities must indicate their type—either a partnership or an S corporation—by marking the appropriate box. The form also provides detailed schedules (A through D) to compute any penalties incurred due to underpayment, requiring filers to input various financial figures related to income, deductions, and credits. Additionally, there are specific instructions for payment submission, including where to mail the completed form and payment. Filing deadlines are crucial; the IT-2659 must be submitted by April 15 of the following year or by the due date of the entity’s tax return, whichever is later. Timely and accurate completion of this form is essential to avoid penalties and ensure compliance with New York State tax regulations.

Similar forms

The New York IT-2659 form is used by partnerships and S corporations to report estimated tax penalties for underpayment or nonpayment of taxes owed on behalf of partners and shareholders. Several other tax-related documents serve similar purposes in different contexts. Here are nine forms that share similarities with the IT-2659:

  • Form 1065: This is the U.S. Return of Partnership Income. Like the IT-2659, it reports income, deductions, and credits for partnerships, but it focuses on overall income rather than estimated tax penalties.
  • Form 1120-S: This form is for S Corporations to report income, deductions, and credits. Similar to the IT-2659, it addresses S corporations specifically but does not deal with penalties for underpayment of estimated taxes.
  • Form 1040-ES: This is the Estimated Tax for Individuals form. It allows individuals to calculate and pay estimated taxes, akin to how the IT-2659 calculates penalties for partnerships and S corporations.
  • Form 941: This is the Employer’s Quarterly Federal Tax Return. While it focuses on employment taxes, it similarly requires timely payments and may involve penalties for underpayment, similar to the penalties outlined in the IT-2659.
  • Form 990: This is the Return of Organization Exempt from Income Tax. Nonprofits must file this form annually, and while it does not deal with estimated taxes, it requires accurate reporting of income and expenses, similar to the reporting requirements of the IT-2659.
  • Form 1120: This is the U.S. Corporation Income Tax Return. Corporations use this form to report their income, similar to how partnerships and S corporations report through the IT-2659, although it does not focus on estimated tax penalties.
  • Form 1041: This is the U.S. Income Tax Return for Estates and Trusts. Like the IT-2659, it involves tax calculations, but it is specific to estates and trusts rather than partnerships or S corporations.
  • Form 8862: This is used to Claim Earned Income Credit After Disallowance. While it deals with tax credits rather than estimated tax penalties, it requires specific calculations and documentation similar to the IT-2659.
  • Form 2210: This is the Underpayment of Estimated Tax by Individuals, Estates, and Trusts. It directly addresses underpayment of estimated taxes, making it closely related to the IT-2659 in terms of purpose and calculation methods.

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New York State Department of Taxation and Finance

 

IT-2659

Estimated Tax Penalties for

 

 

 

 

Partnerships and New York S Corporations

(For underpayment or nonpayment of estimated tax required to be paid on behalf of

partners and shareholders who are corporations or nonresident individuals)

 

 

 

 

 

 

 

 

For calendar year 2012 or iscal year beginning

 

 

and ending

 

 

(See instructions, Form IT‑2659‑I, for assistance)

 

 

 

 

 

 

 

 

 

Print or type

Legal name

Trade name of business if different from legal name above

Address (number and street or rural route)

City, village, or post ofice

State

ZIP code

Employer identiication number

Type of entity (mark an X in the applicable box):

Partnership

S corporation

Complete Schedules A through D on pages 2, 3, and 4, as applicable, to compute your penalty.

Staple check or money order here.

Pay amount shown on page 4, line 52. Include only the line 52

amount in your check or money order, and make payable to: COMMISSIONER OF TAXATION AND FINANCE

Payment enclosed

.00

File Form IT‑2659 by the later of April 15, 2013, or the due date of the partnership

or S corporation tax return for the year determined with regard to any extension of time to ile).

Do not attach or ile Form IT‑2659 with any other form.

Paid preparer must complete (see instructions)

Date:

Preparer’s signature

Preparer’s NYTPRIN

 

 

 

 

 

 

 

Firm’s name (or yours, if self-employed)

Preparer’s PTIN or SSN

 

 

 

 

 

Address

Employer identiication number

 

 

 

 

 

 

Mark an X if

 

 

self‑employed

E‑mail:

 

 

 

Mail this form and payment to: NYS TAX DEPARTMENT - IT-2659 PO BOX 397

ALBANY NY 12201-0397

Sign your return here

Signature of general partner or member, elected oficer, or authorized person

Date

Daytime phone number

( )

E‑mail:

069001120094

Page 2 of 4 IT-2659 (2012)

Schedule A – Computation of estimated tax underpayment (if any). All ilers must complete this part. Only include partners and shareholders who are subject to estimated tax paid on their behalf by the partnership or New York S corporation (see instructions).

Current year

1Total of all nonresident individual partners’ or shareholders’ distributive

 

or pro rata shares of 2012 income earned from New York sources....

1

 

.00

 

 

2

Total of all nonresident individual partners’ or shareholders’ shares of

 

 

 

 

 

 

2012 partnership deductions allocated to New York (see instructions)

2

 

.00

 

 

3

Subtract line 2 from line 1

3

 

.00

 

 

4

Individual tax rate (8.82%)

4

 

.0882

 

 

5

Multiply line 3 by line 4

5

 

.00

 

 

6

Total of all nonresident individual partners’ or shareholders’ distributive

 

 

 

 

 

 

or pro rata shares of 2012 partnership or S corporation credits

6

 

.00

 

 

7

2012 estimated tax required to be paid on behalf of nonresident individuals (subtract line 6 from line 5)

............. 7

8

Total of all corporate partners’ distributive shares of 2012 income earned from NY sources

8

 

.00

 

 

9

Corporation tax rate (7.1%)

9

 

.071

 

 

10

Multiply line 8 by line 9

10

 

.00

 

 

11

Total of all corporate partners’ distributive shares of 2012 partnership credits

11

 

.00

 

 

12

2012 estimated tax required to be paid on behalf of corporations (subtract line 11 from line 10)

 

12

13

Total estimated tax required to be paid for 2012 (add lines 7 and 12)

 

 

13

14

90% of the estimated tax required to be paid for 2012 (multiply line 13 by 90% (.90))

14

.00

.00

.00

.00

Prior year

15Total of all nonresident individual partners’ or shareholders’ distributive

 

or pro rata shares of 2011 income earned from New York sources ....

 

15

 

.00

 

 

16

Total of all nonresident individual partners’ or shareholders’ shares of

 

 

 

 

 

 

2011 partnership deductions allocated to New York (see instructions)..

 

16

 

.00

 

 

17

Subtract line 16 from line 15

 

17

 

.00

 

 

18

Individual tax rate (8.97%)

 

18

 

.0897

 

 

19

Multiply line 17 by line 18

 

19

 

.00

 

 

20

Total of all nonresident individual partners’ or shareholders’ distributive

 

 

 

 

 

 

or pro rata shares of 2011 partnership or S corporation credits

20

 

.00

 

 

21

2011 estimated tax computed for individuals (subtract line 20 from line 19)

..........................................................

 

21

22

Total of all corporate partners’ distributive shares of 2011 income earned from NY sources

 

22

 

.00

 

 

23

Corporation tax rate (7.1%)

 

23

 

.071

 

 

24

Multiply line 22 by line 23

 

24

 

.00

 

 

25

Total of all corporate partners’ distributive shares of 2011 partnership credits

 

25

 

.00

 

 

26

2011 estimated tax computed for corporations (subtract line 25 from line 24)

 

26

27

Total estimated tax computed for 2011 (add lines 21 and 26)

 

27

 

If the sum of lines 17 and 22 is more than $150,000, and the entity is not primarily

 

 

 

 

engaged in farming or ishing, complete line 28 and continue with Schedule B. If the

 

 

 

 

sum of lines 17 and 22 is $150,000 or less, skip line 28 and continue with Schedule B.

 

 

 

28

Multiply line 27 by 110% (1.10)

 

28

.00

.00

.00

.00

Schedule B – Short method for computing the penalty. Complete lines 29 through 34 if you paid four equal estimated tax installments (on the due dates), or if you made no payments of estimated tax. Otherwise, you must complete Schedule C.

29If you were not required to make an entry on line 28, enter the lesser of lines 14 or 27.

 

If you were required to make an entry on line 28, enter the lesser of lines 14 or 28

29

.00

30

Enter the total amount of estimated tax payments made for 2012

30

.00

31

Total underpayment for the year (subtract line 30 from line 29; if zero or less you do not owe the penalty)

31

.00

32

Multiply line 31 by .04976 and enter the result

32

.00

33

If the amount on line 31 was paid on or after April 15, 2013, enter 0. If the amount on line 31 was paid

 

 

 

before April 15, 2013, make the following computation to ind the amount to enter on this line:

 

 

 

Amount on line 31 × number of days before April 15, 2013 × .00020 =

33

.00

34

Penalty (subtract line 33 from line 32; enter here and on line 51)

34

.00

(continued)

069002120094

 

 

 

 

 

 

 

 

IT-2659 (2012)

Page 3 of 4

 

 

 

 

 

 

 

 

 

 

 

Schedule C – Regular method

 

 

 

 

 

 

 

 

 

 

Part 1 – Computing the underpayment

 

 

 

 

 

 

 

 

 

 

 

Payment due dates

 

A

4/15/12

B

6/15/12

C

9/15/12

 

D

1/15/13

35

Required installments (see instructions)

35

 

.00

 

.00

 

 

.00

 

.00

36

Estimated tax paid

36

 

.00

 

.00

 

 

.00

 

.00

Complete lines 37 through 39, one column

 

 

 

 

 

 

 

 

 

 

at a time, starting in column A.

 

 

 

 

 

 

 

 

 

 

37

Overpayment or underpayment from prior period ....

37

 

 

 

.00

 

 

.00

 

.00

38

If line 37 is an overpayment, add lines 36

 

 

 

 

 

 

 

 

 

 

 

and 37; if line 37 is an underpayment,

 

 

 

 

 

 

 

 

 

 

 

subtract line 37 from line 36 (see instructions)

38

 

.00

 

.00

 

 

.00

 

.00

39

Underpayment (subtract line 38 from line 35)

 

 

 

 

 

 

 

 

 

 

 

or overpayment (subtract line 35 from

 

 

 

 

 

 

 

 

 

 

 

line 38; see instructions)

39

 

.00

 

.00

 

 

.00

 

.00

Part 2 – Computing the penalty

 

 

 

 

 

 

 

 

 

 

 

Payment due dates

 

A

4/15/12

B

6/15/12

C

9/15/12

 

D

1/15/13

 

40 Amount of underpayment (from line 39)

40

 

.00

 

.00

 

 

.00

 

.00

First installment (April 15 - June 15, 2012)

 

 

 

 

 

 

 

 

 

 

41April 15 ‑ June 15 =

(61 ÷ 366) × 7.5% = .01249

 

 

 

- or -

 

April 15 ‑

 

 

=

 

 

 

 

 

 

 

 

 

 

 

 

(

 

 

÷ 366) × 7.5% =

.

 

 

 

 

 

41

 

42 Multiply line 40, column A, by line 41 ............ 42

.00

Second installment (June 15 - September 15, 2012)

43June 15 ‑ September 15 = (92 ÷ 366) × 7.5% = .01884

-or -

June 15 ‑

 

= (

 

÷ 366) × 7.5% =

.

 

43

 

 

 

 

 

 

 

 

 

 

 

44 Multiply line 40, column B, by line 43

44

.00

Third installment (September 15, 2012 - January 15, 2013)

45September 15 ‑ December 31 = (107 ÷ 366) × 7.5% = .02192

January 1 ‑ January 15

= (15 ÷ 365) × 7.5% = .00307

 

 

 

 

 

 

 

 

.02499

Total

 

 

 

 

- or -

 

 

 

 

 

 

 

 

 

 

 

 

 

September 15 ‑

 

 

= (

 

÷ 366) × 7.5% =

.

 

 

 

 

 

 

 

 

 

 

 

January 1 ‑

= (

 

÷ 365) × 7.5% =

.

 

 

 

 

 

 

 

 

 

 

Total

45

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

46 Multiply line 40, column C, by line 45

 

 

 

 

 

 

 

46

.00

Fourth installment (January 15 - April 15, 2013)

47January 15 ‑ April 15 = (90 ÷ 365) × 7.5% = .01848

-or -

 

January 15 ‑

 

= (

 

÷ 365) × 7.5% =

.

 

 

 

 

 

 

 

 

47

 

48

Multiply line 40, column D, by line 47

............................................................................................................................ 48

.00

49

Penalty (add lines 42, 44, 46, and 48)

49

.00

(continued)

069003120094

Page 4 of 4 IT-2659 (2012)

Schedule D – Failure to pay estimated tax on behalf of partners or shareholders who are corporations or nonresident individuals. Only include partners and shareholders who are subject to estimated tax paid on their behalf by the partnership or New York S corporation (see instructions). If you are listing more than six partners or shareholders, attach additional sheet(s) using the same four‑column format as in the chart below. Include all column D totals from additional sheets on the line provided.

A

Name of

partner/shareholder

B

Identifying number

(EIN/SSN)

C

Number of quarters (1‑4)

during the year estimated tax

was not paid

D

Column C × $50

Column D total from attached sheet(s) (if any)

50

Penalty (total of column D)

50

51

Penalty (from line 34)

51

52

Total penalty (add lines 49, 50, and 51, as applicable; enter here and in Payment enclosed box on the front page)

52

.00

.00

.00

069004120094

Common mistakes

Filling out the New York IT-2659 form can be a straightforward process, but many people make common mistakes that can lead to penalties or delays. One frequent error occurs when individuals forget to include all relevant partners or shareholders. It's essential to list every nonresident individual and corporate partner who is subject to estimated tax. Missing even one can result in an inaccurate penalty calculation.

Another mistake is failing to use the correct tax rates for the applicable year. Tax rates can change, and using outdated figures can lead to significant discrepancies. For instance, the individual tax rate for the current year should be verified before entering it on the form. Always check the latest tax information to ensure compliance and accuracy.

In addition, many filers overlook the importance of signing the form. A signature is not just a formality; it confirms that the information provided is accurate and complete. Without a signature, the form may be considered invalid, which can lead to further complications and potential penalties.

Lastly, people often forget to submit the payment along with the form. The IT-2659 requires that the payment be included in the envelope when mailing the form. If payment is not enclosed, it can lead to automatic penalties for underpayment, even if the form itself is filled out correctly. Always double-check that the payment is attached before sending the form to avoid unnecessary issues.

More About New York It 2659

  1. What is the purpose of the New York IT-2659 form?

    The IT-2659 form is used by partnerships and New York S corporations to report and calculate penalties for underpayment or nonpayment of estimated tax that should be paid on behalf of their partners and shareholders. This is particularly relevant for nonresident individuals and corporations. By submitting this form, entities ensure compliance with New York State tax laws and avoid further penalties.

  2. Who needs to file the IT-2659 form?

    Any partnership or New York S corporation that has partners or shareholders who are nonresident individuals or corporations must file the IT-2659 form if they have underpaid or failed to pay estimated taxes on their behalf. This includes situations where the entity has income sourced from New York and where estimated tax payments are required to be made for those partners or shareholders.

  3. When is the IT-2659 form due?

    The form is due by the later of April 15 or the due date of the partnership or S corporation tax return for the year, including any extensions. For example, if a partnership is filing for the calendar year 2012, the IT-2659 must be submitted by April 15, 2013, or by the due date of the tax return, whichever is later.

  4. How do I calculate the penalty for underpayment?

    To calculate the penalty, you will need to complete Schedules A through D on the form. Schedule A helps you compute the estimated tax required to be paid on behalf of partners and shareholders. If you paid four equal installments of estimated tax, you can use the short method in Schedule B to find the penalty. Otherwise, you may need to use the regular method in Schedule C. The final penalty amount will be the total from the appropriate schedule, which you then enter on line 52 of the form.

Misconceptions

  • Misconception 1: The IT-2659 form is only for large corporations.
  • The IT-2659 form applies to both partnerships and New York S corporations, regardless of size. Small entities also need to comply with this requirement.

  • Misconception 2: Estimated tax payments are optional for partnerships.
  • Partnerships are required to make estimated tax payments on behalf of their partners who are nonresident individuals or corporations. This obligation is not optional.

  • Misconception 3: The form must be filed with other tax returns.
  • The IT-2659 form should be filed separately and not attached to any other forms. This ensures that it is processed correctly.

  • Misconception 4: There is no penalty for late filing.
  • Filing the IT-2659 form late can result in penalties. It is important to adhere to the filing deadlines to avoid additional costs.

  • Misconception 5: Only individual partners need to be considered for estimated tax payments.
  • Both nonresident individual partners and corporate partners are included when calculating estimated tax payments. All applicable partners must be accounted for.

  • Misconception 6: The tax rates for estimated payments are the same every year.
  • Tax rates can change annually. It is essential to use the current rates specified for the tax year when completing the form.

  • Misconception 7: Payments can be made at any time without consequences.
  • Payments must be made by specific due dates to avoid penalties. Timely payments are crucial to ensure compliance with tax regulations.

  • Misconception 8: The form is only necessary if there is a tax owed.
  • The IT-2659 form is required even if there is no tax owed. It serves to report estimated tax calculations and ensure proper compliance.

Key takeaways

Filling out and using the New York IT-2659 form requires careful attention to detail. Here are four key takeaways to keep in mind:

  • Understand the Purpose: The IT-2659 form is designed for partnerships and New York S corporations to report estimated tax penalties for underpayment or nonpayment of taxes owed on behalf of partners and shareholders.
  • Accurate Information is Crucial: Ensure that all information, including legal names, addresses, and employer identification numbers, is filled out accurately. Errors can lead to delays or additional penalties.
  • Complete Required Schedules: Depending on your situation, you may need to complete Schedules A through D. These schedules help compute any penalties and provide necessary details about income and deductions.
  • Timely Submission is Essential: File the IT-2659 form by the due date, which is typically April 15 or the due date of the partnership or S corporation tax return. Late submissions can result in additional penalties.

New York It 2659: Usage Guide

Completing the New York IT-2659 form requires careful attention to detail to ensure accurate reporting of estimated tax penalties for partnerships and New York S corporations. The following steps outline the necessary actions to fill out this form correctly.

  1. Obtain the Form: Download the IT-2659 form from the New York State Department of Taxation and Finance website or acquire a physical copy.
  2. Fill in Basic Information: Enter the legal name, trade name (if applicable), address, city, state, ZIP code, and employer identification number at the top of the form.
  3. Select Entity Type: Mark an "X" in the box corresponding to whether the entity is a partnership or an S corporation.
  4. Complete Schedules A-D: Proceed to complete Schedules A through D on pages 2, 3, and 4 as applicable. These schedules are crucial for calculating the estimated tax penalties.
  5. Attach Payment: Staple a check or money order to the form, including only the amount shown on page 4, line 52. Make the payment payable to the "Commissioner of Taxation and Finance."
  6. File the Form: Ensure the form is filed by the later of April 15 or the due date of the partnership or S corporation tax return. Do not attach this form to any other forms.
  7. Complete Preparer Information: If applicable, the paid preparer must fill out their information, including signature, NYTPRIN, firm name, and PTIN or SSN.
  8. Sign the Form: The general partner, member, or authorized person must sign and date the form. Include a daytime phone number and email address.
  9. Mail the Form: Send the completed form and payment to the address provided: NYS Tax Department - IT-2659, PO Box 397, Albany, NY 12201-0397.