New York State Small Business Taxes: An Overview | Bank accounting (2023)

Most businesses in New York State pay a feefranchise tax for businessesor adepositdepending on what kindbusiness entityoperate. Income from lending entities is also subjectNew York State Income Tax. In addition to all this, companies operating in New York also pay taxes for the city.

Calculating and paying your taxes in New York can be difficult. Here's how to find out which ones to pay and how much.

The business tax franchise

franchise tax- or, as they are known in some states,preferential taxes- are taxes you pay for the privilege of doing business in that state.

New Yorkfranchise tax for businessesapplies to bothdomcompanies. To calculate and pay it, you need to fill it out and submit itForm CT-3, the New York corporate income tax return.

Ultimately, for many companies, this tax is something close6,5%of his business income earned in New York. But calculating the exact New York state corporate income tax rate can take some work.

First you need to calculate three different values:

  1. Yoursbusiness income tax
  2. Yoursproperty tax
  3. Yoursfixed minimum tax in dollars

The final amount you pay is equal to one of these amountsbetter.

Calculation of corporate income tax

Yoursfederally taxable income(FTI) is the starting point for calculating your New York State business income. you will find it atline 28yoursForm 1120, the federal tax form that businesses use to report their income to the IRS.

(If you used IRS Form 1120-REIT, 1120-RIC, 1120-C, or another variation of Form 1120 to report your corporate income tax, seeinstructions for form CT-3.)

(Video) NYS Sales Tax Starting a Business

Next, you will need to make some "New York State additions and subtractions" to your FTIlines 2m4empart 3of the CT-3 form.

These adjustments relate to items such as amortization, royalty payments, and interest income on U.S. Treasuries, which are calculated usingForm CT-225and are covered in detail ininstructionsIn this way.

If you are a multistate corporation, your final adjustment is to multiply this adjusted amount by the New York proportional factor, which is calculated atpart 6.

This is the longest and most complicated part of the CT-3 and you should seek the help of a tax professional. (See page 17 ofinstructions for CT-3for a full summary of Part 6.)

Adjusting your federal taxable income this way will give you yourThe total commercial revenue of New York State.

Finally, you must multiply your total New York State business income by one of the rates in the tax rate table on page 9 ofinstructions for form CT-3-I. Keep in mind that:

  • This is the rate for most companies6,5%
  • A lower percentage of4,875%applies to certain Qualified Emerging Technology Companies (QETCs) - emerging technology companies that earn less than $10 million per year and are certified by the Commissioner of Taxation and Finance by completing the formDTF-620(instructions)
  • SomeCertified New York ManufacturersI pay taxes0%

Calculate the estate tax

This tax is based on your totalbusiness capital base, what is thefair market value (FMV)of all assets and investments your company owns in New York State.

(The fair market value of an asset is the price it would be if you sold it on the open market.)

You calculate your company's equitypart 4vanForm CT-3. Most of the information you need for this step will come from your company.balance. For step-by-step instructions on how to complete Part 4 of the CT-3, see page 16 ofinstructions for form CT-3.

After doing this, you will need to multiply your total trading basis by one of the tax rates found in the tax rate table on page 9 ofinstructions for form CT-3-I.

  • This is the rate for most companies0,025%
  • For certain recognized New York and QETC manufacturers, the charge is0,019%

Calculation of the flat minimum tax in dollars

This tax is based on a corporation's New York State income—that is, only the money it makes from doing business in the state.

You calculate thatpart 6vanForm CT-3.

After completing Part 6, the left column ofline 55must contain yourstotal sales in New York. Use this number and the table below to determine your numberfixed minimum tax in dollars:

(Video) New York State Tax Walkthrough

New York gross receiptsFixed minimum tax in dollars
Not more than $100,000$25
More than $100,000 but not more than $250,000$75
More than $250,000 but not more than $500,000175 $
More than $500,000 but not more than $1,000,000$500
More than $1,000,000 but not more than $5,000,000$1.500
More than $5,000,000 but not more than $25,000,000$3.500
More than $25,000,000 but not more than $50,000,000$5.000
More than $50,000,000 but not more than $100,000,00010.000 $
More than $100,000,000 but not more than $250,000,00020.000 $
More than $250,000,000 but not more than $500,000,00050.000 $
More than $500,000,000 but not more than $1,000,000,000100.000 $
Over $1,000,000,000200.000 $

As with the other two types of taxes, New York Qualified Manufacturers and QETCs follow a different schedule:

vouchers from New YorkFixed minimum tax in dollars
Not more than $100,000$19
More than $100,000 but not more than $250,000$56
More than $250,000 but not more than $500,000131 $
More than $500,000 but not more than $1,000,000375 $
More than $1,000,000 but not more than $5,000,0001.125 $
More than $5,000,000 but not more than $25,000,0002.625 $
Over $25,000,0003.750 $

Complete the calculation

After calculating the three taxes above, select the amount that is greater and enter it in theline 2vanPart 2of Form CT-3.

This is the total tax amount for New York corporate income tax.

Don't forget to file your S corporation status

The S corporation is onespecial federal tax statusgranted by the tax authorities. A qualifying company can obtain it by successfully filing with the IRSForm 2553. If you did, many states will recognize your S corporation status when you file your state taxes. New York state, however, does not.

Even if you successfully file a Form 2553 with the IRS, you must file a separate form with New York State to be considered a New York S corporation:Form CT-6(instructions).

If you don't file a CT-6, you'll be taxed like a traditional C corporation, paying a slightly higher New York franchise tax than S corporations and losing the other S tax benefits.

Additional reading: S Corps vs C Corps: Pros and Cons

The payment

collaborations,LLC'smLLP'sdoing business in New York State does not pay corporate income tax. Instead, they must pay aannual deposit fee, which is based on themGross income in New York.

Your gross income in New York is comparable tofederal gross incomewhich you mentionedline 1cyour corporate income tax return,IRS Form 1065. The difference is that it has been adjusted to take into account only the income you earn from doing business in New York State.

You can make these adjustments using the aptly named "New York Gross Income Worksheet," which can be found atpage 8Actinstructions for form IT-204.

You must then file your gross income in New YorkFormulier IT-204-LLand use the table below to determine the deposit fee (fromIT-204-LL Formulierinstructions).

The gross income of your New York LLC or LLPThe deposit fee you pay
Not more than $100,000$25
More than $100,000 but not more than $250,000$50
More than $250,000 but not more than $500,000175 $
More than $500,000 but not more than $1,000,000$500
More than $1,000,000 but not more than $5,000,000$1.500
More than $5,000,000 but not more than $25,000,000$3.000
Over $25,000,000$4.500

regular collaborationspay one$500security deposit if the gross income1.000.000 $, e$0if your gross income is less than this.

If the gross income is greater than $1,000,000, they use the following table:

(Video) New York State COVID-19 Capital Costs Tax Credit Program: STLC Chamber's March 2023 Lunch & Learn

Gross income from your partnership in New YorkThe deposit fee you pay
More than $1,000,000 but not more than $5,000,000$1.500
More than $5,000,000 but not more than $25,000,000$3.000
Over $25,000,000$4.500

New York State Income Tax

Self-employed individuals, independent contractors and wholly owned businesses in New York may not be required to pay franchise taxes or registration fees. But they still have to paypersonal income taxon the income they receive, which ranges from4,00-8.82%.

To calculate and pay your NYS income tax, you must file your New York resident tax return,Form IT-201(or form IT-203 if you are not a resident or live in New York for only part of the year).

If your annual income is between$0m65.000 $, use oThe tax tableon page 49 of Form IT-201 for instructions on how to calculate your income tax.

Look for entrance65.000 $m107.650 $, use the tax rate tablepage 57to calculate it.

It is done107.650 $, then use the tax calculation worksheetspage 58to calculate it.

New York State Business Taxes: A Brief Overview

Business entity typeNew York State Taxes You Must PayValid New York State tax formsFederal tax forms to report
C companyFranchise tax for companiesForm CT-3,Form CT-225Form 1120,balance
company sFranchise tax for companiesForm CT-3,Form CT-225,Form CT-6Form 1120-S
Partnership, LLC, LLPdepositFormulier IT-204-LLIRS Form 1065
propertyIncome taxForm IT-201IRS Form 1040


The Metropolitan Transportation Mobility Tax (MCTMT) is a tax levied on certain peopleemployersmautonomous peopledoing business in the Metropolitan Commuter Transportation District (MCTD), which includes the counties of:

  • New York (Manhattan)
  • Bronx
  • Reis (Brooklyn)
  • queens
  • Richmond (State)
  • Rockland
  • Nassau
  • Suffolk
  • Orange
  • Putnam
  • Dutch
  • Westchester

New York State Small Business Taxes: An Overview | Bank accounting (1)

*MCTD map created with [](*

If you are an **employer**, the MCTMT comes into effect when the total payroll cost for employees working in the MCTD exceeds $312,500 in a calendar quarter. You pay the following fees:

Labor costMCTMT-cauterization
More than $312,500 but not more than $375,0000,11% (0.0011)
More than $375,000 but not more than $437,5000,23% (0.0023)
Over $437,5000,34% (0.0034)

If you owe MCMT taxes, you must pay them quarterly according to the schedule atNew York Department of Taxation and Treasurywebsite on the internet.

if you arehis own boss, MCTMT is activated when your net income from trading on MCTD exceeds $50,000. The tax rate you pay on these earnings is0,34%.

If you are self-employed and owe MCTMT this year, you must make quarterly payments on the same days as your estimated quarterly income tax payments are due (see below).

quarterly payments

Equals toquarterly paymentsthat you make to the IRS, individuals and businesses must make estimated tax payments if you expect to owe $300 or more in New York state taxes this year.

For individuals, if you expect to owe $300 or more, your 2022 New York State quarterly income tax assessments are due on the following dates:

(Video) How to File Your Taxes as a LLC Owner in 2023 [Step-by-Step]

New York Income Tax AssessmentsDeadline
payment 1April 18, 2022
Payment 2June 15, 2022
payment 3September 15, 2022
Payment 4January 17, 2023

If you are a business and expect to have more than $1,000 in debtfranchise tax, in addition to the quarterly payments, you must also complete the corporation tax assessment form,Form CT-400.

Franchise tax payments from the New York State Commercial Corporation are due on the following dates in 2022 forcivil yearstaff:

NYS Corporation FranchisebelastingschattingenDeadline
payment 1March 15, 2022
Payment 2June 15, 2022
payment 3September 15, 2022
Payment 4December 15, 2022

If your company afiscal year, your first payment is due three and a half months after the end of the tax year.

tax deduction

The standard deduction amount available to New York State residents filing their 2021 tax returns (filed in 2022) depends onarchive status:

archive statusDefault withholding amount
Single (and can be claimed as a dependent on another taxpayer's federal tax return)3.100 $
Single (and cannot be claimed as a dependent on another taxpayer's federal return)8.000 $
Married people submit a joint declaration16.050 $
Married with separate declaration8.000 $
Head of household (with qualified person)11.200 $
Certified widows16.050 $

How do I file and pay my NYS taxes?

New York State encourages corporations and individuals to file their personal statements electronically through one of the e-filing partners listed atthis place.

The submission and payment deadline for 2021 New YorkchildrenmcommercialThe tax return is April 18, 2022.

The due date for Form IT-204-LL (the Form for Partnerships, LLCs, LLPs) is 3.5 months after the end of the fiscal year. (If the fiscal year end is December 31, this end date is March 15.)

Form CT-3 and corporate tax payments are also due 3.5 months after the end of the tax year, and the filing date can be extended by 6 months. (However, the payment remains overdue on the 3.5 month date.)

Municipal taxes in New York

If you're in New York City, in addition to the state taxes we've discussed above, there are also some city-specific taxes you'll need to pay.

These are collected fromNew York Department of Finance, and you should submit a separate declaration for them.

New York City General Corporate Income Tax

Your New York corporate tax is similar to the state franchise tax we discussed above. As with this load, it is equal to the greater of:

  1. Your city New Yorkbusiness income tax
  2. Your city New Yorkproperty tax
  3. Your city New Yorkfixed minimum tax in dollars

Unincorporated Business Tax (UBT)

this is one4%tax imposed on owners of certain unincorporated businesses in New York. Read more about UBThere.

Purchase tax

In addition to all the other taxes listed above, people who live or work in Yonkers may also be subject to Yonkers income tax. You can calculate this using the "Yonkers Worksheet"page 26Actinstructionsfor form IT-201.

(Video) Tax Basics For Beginners (Taxes 101)


What is the tax rate for small business in New York State? ›

New York has a 6.50 percent to 7.25 percent corporate income tax rate. New York has a 4.00 percent state sales tax rate, a max local sales tax rate of 4.875 percent, and an average combined state and local sales tax rate of 8.52 percent.

What taxes does an LLC pay in NY? ›

New York LLCs and LLPs are not required to pay federal or state income tax. Instead, these entities must pay filing fees in accordance with their gross income, as illustrated in the table below.

Are small business eligible for 0% capital base tax rate in NY? ›

1875% for tax years beginning on or after January 1, 2021 and before January 1, 2024, and 0% for tax years beginning on or after January 1, 2024. The tax rate on the capital base for cooperative housing corporations and small businesses is 0% for tax years beginning on or after January 1, 2021.

What is Article 9a New York? ›

Information on this page relates to a tax year that began on or after January 1, 2022, and before January 1, 2023. You must file and pay the franchise tax on general business corporations if: you are a domestic corporation (incorporated in New York State); or.

What percentage of small business income is taxed? ›

According to NerdWallet, because small business owners pay both income tax and self-employment tax, small businesses should set aside about 30% of their income after deductions to cover federal and state taxes.

How are businesses taxed in New York? ›

In New York, corporations must pay a corporation franchise tax. While this is standard across many states, New York makes it more complex for a business to determine how much tax is due. Moreover, the state attempts to close as many financial reporting loopholes as possible that businesses use to minimize taxes.

Who is subject to NY capital base tax? ›

Corporations that do business, employ capital, or own or lease property, or maintain an office in the city in a corporate or organized capacity must pay this tax.

How do I become tax exempt in NY as a business? ›

How to apply
  1. File Form ST-119.2, Application for an Exempt Organization Certificate.
  2. Submit the required documentation described in the Instructions for Form ST-119.2.
Feb 14, 2022

How to pay the least amount of taxes as a small business owner? ›

If you need ways to reduce your taxable income this year, consider some of the following methods below.
  1. Employ a Family Member.
  2. Start a Retirement Plan.
  3. Save Money for Healthcare Needs.
  4. Change Your Business Structure.
  5. Deduct Travel Expenses.
  6. The Bottom Line.

What is Article 33 of New York State Tax Law? ›

You must file and pay the franchise tax on insurance corporations if you are a life insurance corporation, non-life insurance corporation, or captive insurance company, engaged in the insurance business in New York State, or otherwise subject to tax under Article 33.

What is Article 11 New York tax law? ›

The Article XI Tax Incentive is a tax exemption for HDFC-owned new construction or rehabilitation of affordable housing.

What is Article 37 NY? ›

2021 New York Laws. ENV - Environmental Conservation. Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment.

What is the difference between an S Corp and an LLC in NY? ›

An S-Corporation is an elective tax classification that offers liability safeguards and transfers income through to the owners. On the other hand, an LLC is a structured business entity that functions to protect its owners from legal actions.

What is the tax rate for S Corp in NY? ›

Generally, corporations operating in New York incur a tax rate of 6.5 percent if their federal taxable income is $290,000 or less. This is with the exception of a few New York manufactures that have qualified for a flat 6.5 percent rate regardless.

What percentage tax does a LLC pay the IRS? ›

When you file taxes as a standard single-member LLC, your entire business profits are subject to self-employment taxes, currently 15.3% between Social Security and Medicare. When you opt for S corp taxation, you only pay self-employment taxes on your paychecks.

How much can a small business make without paying taxes? ›

Income of $400 or less after deductions

Generally, self-employed individuals must pay a self-employment tax to make sure they pay their portion of FICA taxes based on their annual income. But, if your net earnings from self-employment were less than $400, you don't have to file a business tax return.

Is small business taxed on profit? ›

What percentage does a small business pay in taxes? It depends on how much the business makes and whether it's a corporation or pass-through entity. Corporations pay a flat tax of 21% on business profits, while pass-through businesses pay taxes at the owner's income-based marginal tax rate, ranging from 10% to 37%.

How do you pay yourself as a business owner? ›

Business owners can pay themselves through a draw, a salary, or a combination method:
  1. A draw is a direct payment from the business to yourself.
  2. A salary goes through the payroll process and taxes are withheld.
  3. A combination method means you take part of your income as salary and part of it as a draw or distribution.

How is tax calculated in New York State? ›

How to calculate NYC sales tax? To calculate the amount of sales tax to charge in New York City, use this simple formula: Sales tax = total amount of sale x sales tax rate (in this case 8%).

What is the self employed tax in NY? ›

Anyone who is self employed is considered both the employer and the employee, meaning thet New York self employment tax must be paid. That amount is 15.3%, comprising 12.4% for Social Security, old-age, survivors, and disability insurance, and 2.9% for Medicare or hospital insurance.

Do I have to file state taxes in New York? ›

Residents. If you are required to file a federal return, then you are required to file a state return.

Who must pay New York State tax? ›

As a resident, you pay state tax (and city tax if a New York City or Yonkers resident) on all your income no matter where it is earned. As a nonresident, you only pay tax on New York source income, which includes earnings from work performed in New York State, and income from real property located in the state.

Who must pay NYS sales tax? ›

Sales tax applies to retail sales of certain tangible personal property and services. Use tax applies if you buy tangible personal property and services outside the state and use it within New York State.

Who pays sales tax in NY? ›

Sales of tangible personal property are subject to New York sales tax unless they are specifically exempt. Sales of services are generally exempt from New York sales tax unless they are specifically taxable.

Who is exempt from NYS taxes? ›

Exemption from New York State and New York City withholding

You must be under age 18, or over age 65, or a full-time student under age 25 and.

What items are non taxable in NY? ›

Use Tax - applies if you buy tangible personal property and services outside the state and use it within New York State. Clothing and footwear under $110 are exempt from New York City and NY State Sales Tax. Purchases above $110 are subject to a 4.5% NYC Sales Tax and a 4% NY State Sales Tax.

What entities are sales tax exempt in New York? ›

Exempt purchasers include the United States of America, the State of New York, the United Nations, Industrial Development Agencies and Authorities (IDAs), and exempt organizations such as religious, charitable and educational organizations that have qualified for exempt status under the Tax Law.

Can a small business write off cell phone? ›

For small business owners and independent contractors

Anyone that claims to be self-employed is capable of deducting their mobile phone use from their tax returns. However, you can't simply deduct the entire bill as a business expense (unless you have a separate line and device for business use only).

Should I do my own taxes as a small business owner? ›

There is no legal or IRS requirement that business owners hire a tax professional to prepare their returns. That said, most business owners prefer to get tax pros to do their tax returns.

What is NYS tax law 174? ›

Any person who shall testify falsely in any material matter pending before the commissioner shall be guilty of and punishable for perjury.

How to avoid NYS tax penalty? ›

If you do not pay your tax when due, we will charge you a penalty in addition to interest. The penalty may be waived if you can show reasonable cause for paying late. The penalty charge is: 0.5% of the unpaid amount for each month (or part of a month) it is not paid, up to a maximum of 25%

What is NY tax law 1510? ›

(1) The superintendent of financial services shall, on behalf of the commissioner, have the power, duty and responsibility to examine returns of an insurance corporation filed with him pursuant to section fifteen hundred fifteen and, together with any other information within his possession or that may come into his ...

What is Article 5 of the New York Business Corporation Law? ›

New York Business Corporation Law Article 5 - CORPORATE FINANCE. 501 - Authorized Shares. (a) Every corporation shall have power to create and issue the number of shares stated in its certificate of incorporation.

What is Article 18 NY tax law? ›

New York Real Property Tax Law Article 18 - PRESERVATION OF CLASS SHARE OF TAXES IN MUNICIPAL CORPORATIONS EXCEPT COUNTIES WITHIN A CITY, INCLUDED WITHIN THE BOUNDARIES OF A SPECIAL A. 1801 - Definitions. (a) "Special assessing unit" means an assessing unit with a population of one million or more.

What is Article 20 D of New York State Tax Law? ›

Article 20-D of New York State Tax Law establishes an excise tax on the sale of opioids.

What is Article 7 NY state? ›

Article VII, “Siting of Major Utility Transmission Facilities,” is the section of the New York State Public Service Law that requires a full review of the need for and environmental impact of the siting, design, construction, and operation of major transmission facilities in New York State.

What is Article 137 NY? ›

Every owner of a pharmacy is responsible for the strength, quality, purity and the labeling thereof of all drugs, toxic substances, devices and cosmetics, dispensed or sold, subject to the guaranty provisions of this article and the public health law.

What is Article 43 NY? ›

Corporations subject to Article 43 of New York Insurance Law shall not solicit the purchase of, or enter into, any contract with any individual or group until it has obtained from the Superintendent of Financial Services a permit to do so.

What is the self employed tax rate in NY? ›

Anyone who is self employed is considered both the employer and the employee, meaning thet New York self employment tax must be paid. That amount is 15.3%, comprising 12.4% for Social Security, old-age, survivors, and disability insurance, and 2.9% for Medicare or hospital insurance.

What is the federal tax rate for LLC? ›

If an LLC is listed as a C Corporation, the LLC must file corporate income taxes. In 2022, the federal corporate income tax rate is 21%, with many states adding their own taxes on top of that. Along with the corporate income tax, any profits or dividends distributed to members are subject to capital gains tax.

What is the income tax rate in New York State? ›

New York state has nine income tax rates: 4%, 4.5%, 5.25%, 5.85%, 6.25%, 6.85%, 9.65%, 10.3% and 10.9%. New York state income tax rates depend on your taxable income, adjusted gross income and filing status. Residency status also determines what's taxable.

How do I calculate taxes for self-employed? ›

For example, let's say you're single and your 2022 self-employment net earnings come out to $50,000. Here's how you'd calculate your self-employment taxes: Determine your self-employment tax base. Multiply your net earnings by 92.35% (0.9235) to get your tax base: $50,000 x 92.35% = $46,175.

Is self-employment tax always 15%? ›

The self-employment tax rate is 15.3%. The rate consists of two parts: 12.4% for social security (old-age, survivors, and disability insurance) and 2.9% for Medicare (hospital insurance).

How much should I pay in taxes if I am self-employed? ›

Calculating California self employment tax 2022

The California self employment tax rate for 2022 is 15.3%. As previously discussed, this includes your Social Security and Medicare taxes. Those who are self employed need to cover the entire 15.3% of these taxes in addition to paying the normal income tax rates.

Which tax classification is best for LLC? ›

Specifically, a domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and affirmatively elects to be treated as a corporation.

How do sole proprietors pay taxes? ›

Sole proprietorships are subject to pass-through taxation, meaning the business owner reports income or loss from their business on their personal tax return, but the business itself is not taxed separately. A sole proprietor will submit a Schedule C with their personal 1040 tax return on an annual basis.

How are LLC distributions taxed? ›

LLC Distributions aren't taxed. Instead, LLC profit is taxed. Because you owe taxes on the LLC's profit, you don't have to pay taxes again when you distribute that profit. Keep in mind, Distributions are derived from the LLC's profit.

How is NYS capital base tax calculated? ›

The capital base is the total of business capital and investment capital, or the portions of each allocated within New York State. The rate of tax is 1.78 mills (or 0.4 of a mill in the case of a cooperative housing corporation) for each dollar of the capital base.

What is the difference between an LLC and an S Corp? ›

The biggest difference between S corporations and LLCs is how they are taxed. S corporations are taxed as pass-through entities, meaning that the profits and losses are passed through to the shareholders' personal tax returns, while LLCs can choose to be taxed as either a pass-through entity or a corporation.

Is there a capital gains tax in New York State? ›

New York State Capital Gains Taxes

New York does not differentiate between long-term and short-term capital gains for taxation purposes. The state instead taxes capital gains as regular income, using the state's ordinary income tax rates for both.

What are the New York State tax brackets for 2023? ›

Joint filers:
IncomeTax Rate
$0 to $17,1504%
$17,151 to $23,600$686, and 4.5% of income over $17,150
$23,601 to $27,900$976, and 5.25% of income over $23,600
$27,901 to $161,550$1,202, and 5.85% of income over $27,900
5 more rows
Feb 10, 2023

What state has the highest taxes? ›

Highest tax burdens
  • New York - 12.47%
  • Hawaii - 12.31%
  • Maine - 11.14%
  • Vermont - 10.28%
  • Connecticut - 9.83%
  • New Jersey - 9.76%
  • Maryland - 9.44%
  • Minnesota - 9.41%
Mar 30, 2023


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