New York is one of the few states in the country that requires non-credentialed paid tax preparers to register with the state, earn continuing education hours through a state-specific system, and display a registration number on every return they prepare. That registration number, the NYTPRIN, is not optional. Omitting it from a single return triggers a $50 penalty, and for a preparer who was already penalized in a prior year, the rate jumps to $250 per return with no annual cap. This guide covers every compliance obligation a New York registered preparer needs to know: the NYTPRIN registration process, the NY State Learning Management System (SLMS) CE requirements, the critical distinction between AFSP hours and SLMS hours, the federal requirements (PTIN, EFIN, Circular 230), and the full body of New York income tax law that determines what your clients actually owe. No other state combines nine income tax brackets, a separate city income tax, the Unincorporated Business Tax, the Metropolitan Commuter Transportation Mobility Tax, the convenience of the employer rule, and one of the nation's most aggressive residency audit programs. This guide is written specifically for the independent registered preparer serving New York clients.
New York State Registration: NYTPRIN and Tax Law Section 32
New York Tax Law Section 32, enacted in 2009 and located in Article 1, imposes one of the nation's most comprehensive state-level registration regimes for paid tax return preparers. If you prepare 10 or more New York State tax returns for compensation in a calendar year, or if you prepare fewer than 10 but expect to reach that threshold, you are a "commercial tax return preparer" and must register annually with the New York Department of Taxation and Finance.
Registration also applies to any preparer who facilitates refund anticipation loans (RALs) or refund anticipation checks (RACs). To register, applicants must be at least 18 years old, or hold a high school diploma or GED equivalent.
Who Is Exempt from Registration
The following individuals are explicitly excluded from the definition of "tax return preparer" under Tax Law Section 32 and do not need to register:
- Attorneys licensed in New York
- Certified Public Accountants (CPAs)
- Public Accountants (PAs) licensed in New York
- Enrolled Agents (EAs)
- Employees working under the direct supervision of any of the above credentialed individuals
- Employees of a business who prepare only that employer's returns
- Volunteers (unpaid preparers)
- Clerical or comparable support employees
If you are not a CPA, EA, or attorney, and you are paid to prepare any portion of a NY state return, registration is required regardless of your credential status.
Registration Fee and Renewal
Commercial preparers (those who meet the 10-return threshold) pay a $100 annual registration fee. Non-commercial paid preparers (fewer than 10 returns) register at no cost. Registration renews every calendar year. The registration application is available through the NY Department of Taxation and Finance at tax.ny.gov.
Continuing Education: NY State SLMS Requirements
Commercial preparers (10+ returns) must complete continuing education through the New York State Statewide Learning Management System (SLMS). This coursework is available at no cost through the tax.ny.gov portal.
- First-year registrants: 16 qualifying CE hours (labeled "Registration Education Requirements - 16 Qual" in SLMS)
- Returning registrants (subsequent years): 4 CPE hours per year
Critical: AFSP Hours Do NOT Satisfy NY SLMS Requirements
This is one of the most common compliance errors for New York preparers. The IRS Annual Filing Season Program (AFSP) is a federal voluntary CE program requiring 18 hours of IRS-approved CE each year. New York preparers who participate in the AFSP complete those hours through IRS-approved providers such as ATP.
However, AFSP hours and NY SLMS hours are two completely separate and non-overlapping requirements. Completing the full AFSP program does not reduce or satisfy any portion of the NY SLMS obligation. A preparer who earns the AFSP Record of Completion must also separately complete the required NY SLMS coursework. The two programs run in parallel. There is no credit, waiver, or exemption from NY registration for AFSP participation.
If you are a NY commercial preparer who also wants the AFSP Record of Completion, budget for both: 18 IRS-approved hours for AFSP (June 1 through December 31) through an IRS-approved provider, plus 4 or 16 SLMS hours separately through the state portal.
The NYTPRIN: What It Is and Where It Goes
Upon completing registration, each commercial preparer is issued a New York Tax Preparer Registration Identification Number (NYTPRIN). This number must appear on every New York State return and every RAL or RAC the preparer prepares or facilitates. The NYTPRIN is separate from the federal PTIN. Both numbers are required on NY returns.
Penalty for omitting the NYTPRIN: $50 per return, up to a $5,000 annual cap. If the preparer was penalized for this violation in a prior year and omits the number again, the penalty escalates to $250 per return with no annual cap.
Display requirement: A copy of the current-year registration certificate must be prominently displayed at the preparer's place of business and at every other location where services are provided.
Penalties for Non-Registration
- Failure to register: $250 per calendar year
- Failure to pay the registration fee: $50 per return, up to $5,000 per year
- Omitting the NYTPRIN (first offense): $50 per return, up to $5,000 per year
- Omitting the NYTPRIN (repeat offense): $250 per return, no annual cap
Federal Requirements: PTIN, EFIN, and Circular 230
PTIN (2026 fee: $18.75): Every paid federal tax return preparer must obtain a Preparer Tax Identification Number. The 2026 PTIN fee is $18.75 (the $10.00 IRS base fee plus an $8.75 third-party contractor fee). Renew annually by December 31 at irs.gov/ptin. The PTIN must appear on all federal and NY state returns you prepare.
EFIN (Electronic Filing Identification Number): If you prepare 11 or more federal returns, you are subject to the IRS e-file mandate and must obtain an EFIN through IRS e-Services. New York also imposes its own e-file mandate (see the E-File Mandate section below). New York does not issue a separate state EFIN; participation in the IRS Fed/State e-File program covers NY state returns.
Circular 230: All paid preparers are subject to IRS Circular 230, which governs practice before the IRS. Non-credentialed preparers without AFSP status have limited representation rights (they may not represent clients in examination, collection, or appeals). Preparers who hold the AFSP Record of Completion may represent clients whose returns they prepared in IRS examination.
Written Information Security Plan (WISP)
Every paid tax preparer, including solo practitioners, must maintain a Written Information Security Plan (WISP) under the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)). Required elements include a designated responsible individual, multi-factor authentication (MFA) for all systems containing customer information, a risk assessment, and an incident response plan. FTC penalties reach up to $46,517 per violation per day. A free WISP template is available in IRS Publication 5708.
New York State Individual Income Tax for TY2025
Income Tax Rates and Brackets
New York uses nine progressive income tax brackets for Tax Year 2025 (returns filed in 2026). The three highest rates (9.65%, 10.3%, and 10.9%) are temporary and are scheduled to expire after Tax Year 2027 unless the legislature extends them. For client planning, treat these rates as in effect through 2027 unless legislation changes before then.
| NY Taxable Income | Tax Rate |
|---|---|
| $0 to $8,500 | 4.0% |
| $8,501 to $11,700 | 4.5% |
| $11,701 to $13,900 | 5.25% |
| $13,901 to $21,400 | 5.85% |
| $21,401 to $80,650 | 6.25% |
| $80,651 to $215,400 | 6.85% |
| $215,401 to $1,077,550 | 9.65% |
| $1,077,551 to $5,000,000 | 10.3% |
| Over $5,000,000 | 10.9% |
Married Filing Jointly (MFJ) thresholds are approximately double the single thresholds through most brackets. Head of Household brackets fall between single and MFJ thresholds. Consult Form IT-201-I for the complete MFJ and HOH schedules.
Supplemental Tax Recapture (Above $107,650 NYAGI)
When New York Adjusted Gross Income (NYAGI) exceeds $107,650, the taxpayer must complete a supplemental tax computation worksheet. This recaptures the benefit of the lower-bracket rates on the full income, effectively creating a near-flat rate on all income for upper-bracket earners. The supplemental tax kicks in before the highest brackets and affects more clients than many preparers expect. Any client above $107,650 NYAGI requires this calculation.
Standard Deduction (TY2025)
- Single or Married Filing Separately: $8,000
- Married Filing Jointly or Qualifying Surviving Spouse: $16,050
- Head of Household: approximately $11,200 (confirm against current IT-201-I)
New York sets its own standard deduction by statute, independent of the federal amount. The OBBBA's permanent extension of the larger federal standard deduction has no effect on these NY figures.
Filing Thresholds
Full-year NY residents (Form IT-201) must file if required to file a federal return, or if federal AGI plus NY additions exceeds $4,000 (for most filers). The threshold for dependents claimable on another's federal return is $3,100. Any taxpayer seeking a refund of NY, NYC, or Yonkers withholding must file even if income is below threshold.
Nonresidents and part-year residents (Form IT-203) must file if NY source income is greater than zero and NY AGI exceeds the NY standard deduction for their filing status.
Social Security: Fully Exempt in New York
New York does not tax Social Security retirement benefits. The full amount of Social Security income included in federal AGI is excluded from NY taxable income. There is no income limit, no age threshold, and no application required. This exclusion applies to all NY residents regardless of their total income level.
This is a significant planning point for retiring clients considering NY residency. A client with $200,000 in pension income and $30,000 in Social Security will see the entire Social Security amount excluded from NY taxable income.
Pension and Retirement Income Exclusion
New York allows a $20,000 exclusion for pension and annuity income for taxpayers age 59.5 or older. This applies to the combined total of qualifying retirement income sources, including IRA distributions, employer pensions, 401(k) distributions, and annuities from qualified retirement plans.
Proposed legislation (S2571A, 2025 session) would increase this exclusion to $25,000 for 2025, $30,000 for 2026, $35,000 for 2027, and $40,000 for 2028 and beyond. As of this writing, that bill has not been enacted. Monitor its status before finalizing returns that depend on a higher exclusion amount.
Residency: The 183-Day Rule and Statutory Residency
A person whose domicile is not New York can still be taxed as a full-year NY resident if they meet both of these tests simultaneously:
- They maintain a "permanent place of abode" (PPA) in New York for more than 10 months of the taxable year, AND
- They spend 184 or more days in New York during the taxable year (any part of a day counts as a full day)
A Connecticut or New Jersey resident who rents an apartment in New York City and spends 184 or more days in New York owes NY tax on their worldwide income as a statutory resident. This rule drives a large volume of IT-203 filings for non-NY-domiciled workers and is a core competency for any preparer serving the NYC metro market.
New York City and Local Taxes
NYC Personal Income Tax
New York City imposes its own personal income tax on NYC residents, reported on the same Form IT-201 as the state return. There is no separate NYC return filing. Nonresidents who work in NYC do not owe the NYC personal income tax; it applies to residents only.
NYC personal income tax rates for TY2025 (single and MFS filers) reach a top rate of 3.876% on income over $50,000. The city tax is in addition to the state tax. For a single NYC resident at the state's top 10.9% bracket, the combined state and city marginal rate reaches approximately 14.8% before accounting for federal taxes.
NYC Income Tax Elimination Credit ("Axe the Tax," 2025)
Enacted in the 2025-2026 New York State Budget (signed May 2025) and effective for tax years beginning on or after January 1, 2025. Eligible NYC residents can claim a non-refundable credit to fully eliminate their NYC personal income tax liability if they have dependents and their federal AGI is at or below 150% of the 2023 federal poverty thresholds. A partial credit is available for filers whose income exceeds 150% of the poverty threshold by up to $5,000. Beginning in 2026, the income thresholds are indexed to CPI.
NYC Unincorporated Business Tax (UBT)
The New York City Unincorporated Business Tax applies a 4% rate to the net income of unincorporated businesses, including sole proprietors and partnerships, that conduct business in New York City. Filing is required when gross receipts exceed $95,000.
A credit structure significantly reduces actual UBT liability for most self-employed individuals. The credit eliminates UBT liability entirely for those with net self-employment earnings from NYC of $100,000 or less. Between $100,000 and $150,000, the credit phases out partially. Above $150,000, the credit covers approximately 23% of UBT, meaning the effective net UBT cost is roughly 2.35% of business income above that level. A $15,000 proprietor exemption applies separately.
For a self-employed tax preparer operating in NYC with gross receipts above $95,000, a UBT return is required even if the credit brings actual liability to zero. Omitting the return is a compliance failure even when no tax is owed.
Metropolitan Commuter Transportation Mobility Tax (MCTMT)
Self-employed individuals in the Metropolitan Commuter Transportation District (MCTD) owe MCTMT if net earnings from self-employment allocated to the MCTD exceed $50,000 during the tax year. The MCTD includes all five NYC boroughs plus Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess counties.
The self-employed MCTMT rate is 0.34% of net earnings allocated to the MCTD. Note: the MCTMT employer rate increased effective July 1, 2025, for large employers; the self-employed rate of 0.34% was not changed. MCTMT is reported on Form MTA-6, separate from the state income tax return.
Yonkers Resident Surcharge
Yonkers residents pay a resident income tax surcharge equal to 16.75% of their New York State net tax liability. This is a surcharge on the state tax itself, not a separate flat rate on income. The surcharge is computed on Form IT-201.
Example: If a Yonkers resident's NY state net tax is $5,000, the Yonkers surcharge is $5,000 x 16.75% = $837.50, bringing the total state-plus-Yonkers liability to $5,837.50. Nonresidents who earn income in Yonkers also pay a Yonkers nonresident earnings tax, computed at a separate, lower rate.
The Convenience of the Employer Rule (Zelinsky, May 2025)
New York's "convenience of the employer" rule is among the most consequential issues for any preparer with clients who work remotely for New York-based employers. Under this rule, a nonresident employee's remote workday is treated as a New York workday, and therefore taxable by New York, unless the remote work was required by a genuine business necessity of the employer, not the employee's convenience.
In May 2025, the New York Tax Appeals Tribunal again upheld the rule in Matter of Zelinsky. A law school professor working from Connecticut was found to owe NY income tax on those days because the remote work arrangement was for his convenience, not a proven employer necessity. The tribunal held that general pandemic workforce flexibility and office unavailability did not constitute business necessity under the rule.
Practical consequence for preparers: A New Jersey or Connecticut resident who works for a Manhattan employer and works from home three days per week likely owes NY income tax on those three days each week, because the arrangement is presumed to be for the employee's convenience. Before allocating any out-of-state workdays on Form IT-203-B, analyze the specific employment arrangement to determine whether a documented employer-necessity defense exists. Clients who believe remote days are excluded from NY source income may face unexpected tax bills if that position cannot be supported.
Federal Conformity and OBBBA: New York's Active Decoupling
New York is a static conformity state. It does not automatically adopt federal tax law changes; each provision requires explicit NY legislative action. Following the signing of the One Big Beautiful Bill Act (OBBBA, P.L. 119-21) on July 4, 2025, New York actively decoupled from every major revenue-negative provision. For TY2025 returns, the following federal items do not apply in New York.
Tips and Overtime Deductions: Full Add-Back Required
The OBBBA created a federal deduction of up to $25,000 for qualified tips (TY2025-2028) and a federal deduction of up to $12,500 (single) or $25,000 (MFJ) for qualified overtime compensation. New York does not conform to either deduction. Preparers must add back both the tip deduction amount and the overtime deduction amount on Form IT-225 when computing NY taxable income. Specific IT-225 add-back codes have been added for this purpose.
Example: A client claims a $1,200 federal tip deduction. On the NY return, you add back $1,200 to NY income. A client with $6,000 of federal overtime deduction requires a $6,000 add-back on IT-225. Tip income and overtime pay are fully taxable in New York.
QBI Deduction (IRC Section 199A): Never Recognized by New York
The federal 20% Qualified Business Income (QBI) deduction under IRC Section 199A has never been recognized by New York. The OBBBA made the QBI deduction permanent at the federal level, but that change has no effect on NY returns. Self-employed individuals and pass-through entity owners preparing NY returns receive no equivalent deduction. The full net business income is taxable in New York.
SALT Deduction: Federal Cap Does Not Apply in New York
The OBBBA raised the federal SALT deduction cap from $10,000 to $40,000 for 2025-2029, with a phase-down for incomes above $500,000 (the cap reverts to $10,000 at $600,000 AGI). New York ignores the federal SALT cap entirely. On Form IT-196 (NY itemized deductions), NY taxpayers may deduct the full amount of their state and local taxes with no ceiling. This is a meaningful benefit for NY itemizers, who can deduct significantly more on their state return than on their federal return.
Bonus Depreciation: NY Add-Back Required
New York has never conformed to federal bonus depreciation (100% first-year expensing). The OBBBA restored 100% federal bonus depreciation for property placed in service on or after January 20, 2025. For NY returns, preparers must add back the federal bonus depreciation and calculate depreciation over the applicable MACRS recovery period. NY allows a recovery of the add-back spread over subsequent years. This is a recurring source of NY/federal book-to-tax differences for business clients.
Section 174A (R&E Expenditures): Proposed Decoupling
The OBBBA created IRC Section 174A, restoring immediate deductibility of domestic research and experimental expenditures. New York has proposed explicit retroactive decoupling from Section 174A, potentially back to January 1, 2025. This legislation was still developing as of the research date. Preparers with clients who have significant R&E expenses should monitor NYS guidance closely; decoupling would require an IT-225 add-back for 2025 returns.
New York Pass-Through Entity Tax (PTET)
The NY PTET is an optional annual election available to eligible S-corporations and partnerships (including multi-member LLCs taxed as partnerships). Enacted in 2021 as a SALT cap workaround, the PTET allows the entity to pay state income tax at the entity level and deduct it as a federal business expense, bypassing the individual SALT deduction limit. Partners, shareholders, and members receive a credit on their individual NY returns equal to their share of PTET paid.
Election Deadline: March 15 (Irrevocable)
The PTET election must be made by March 15 of the tax year for which it applies. For the 2026 tax year, the deadline is March 15, 2026. The election is irrevocable once made. Missing the March 15 deadline forfeits the PTET election for that entire year. This is a hard deadline with no extension.
PTET Rates
| PTET Taxable Income | Rate |
|---|---|
| $0 to $2,000,000 | 6.85% |
| $2,000,001 to $5,000,000 | 9.65% |
| $5,000,001 to $25,000,000 | 10.3% |
| Over $25,000,000 | 10.9% |
PTET Value After the OBBBA SALT Cap Increase
The OBBBA raised the federal individual SALT deduction cap from $10,000 to $40,000 for 2025-2029, with a phase-down for incomes above $500,000 AGI (the cap reverts toward $10,000 at $600,000 AGI). This changes the PTET calculus for many clients.
For clients with AGI below $500,000, the higher $40,000 individual SALT cap may allow their state taxes to be fully deductible at the individual level without a PTET election. The PTET may provide less incremental benefit for this group. For clients with AGI above $500,000, where the SALT cap phases back toward $10,000 at $600,000 AGI, the PTET remains highly valuable because the entity-level deduction bypasses the individual SALT limitation. Reassess each eligible client's situation before the March 15 election deadline.
Entities with NYC operations may also make a separate NYC PTET election. Quarterly estimated PTET payments are required during the year for most electing entities. Missing estimated payments creates underpayment interest.
New York E-File Mandate for Paid Preparers
Paid preparers are subject to the NY e-file mandate if they prepared more than 10 authorized tax documents for different taxpayers during the prior calendar year, AND will use tax software to prepare at least one authorized document in the current year. Once subject to the mandate, it continues in all subsequent years regardless of whether the threshold is re-met.
Clients cannot opt out of electronic filing. Preparers may not charge a separate fee for e-filing. The NY mandate applies to preparers located both within and outside New York State who prepare NY returns.
The federal e-file mandate threshold is 11 or more federal returns prepared in a calendar year using tax preparation software. Both mandates apply independently; reaching one does not automatically satisfy the other.
Starting a Tax Preparation Business in New York
LLC Formation
New York LLCs are registered through the NY Department of State. Initial costs and ongoing obligations are among the most significant of any state:
- Articles of Organization filing fee: $200
- Mandatory newspaper publication: New York requires newly formed LLCs to publish a notice of formation in two newspapers in the county of the principal office for six consecutive weeks. Publication costs typically range from $500 to $1,500 depending on the county. Manhattan (New York County) publication is among the most expensive in the state. After publication, file a Certificate of Publication for an additional $50 fee.
- Total estimated formation cost: Approximately $800 to $1,900 or more, excluding registered agent fees
Non-credentialed tax preparers may NOT form a Professional Limited Liability Company (PLLC) in New York. PLLCs are reserved for licensed professionals regulated under the NY Education Law (CPAs, attorneys, architects, engineers, physicians). A standard LLC is the appropriate entity for an independent non-credentialed preparer. A sole proprietorship is also permitted, though the LLC provides liability protection.
Biennial Statement
Every New York LLC must file a Biennial Statement with the NY Department of State every two years in the LLC's anniversary month. The filing fee is $9.
Annual Filing Fee: Form IT-204-LL
LLCs taxed as partnerships (including single-member LLCs by default) pay an annual filing fee based on NY source gross income from the prior year. The fee is due by the 15th day of the third month after the close of the tax year (March 15 for calendar-year entities).
| NY Source Gross Income | Annual Fee |
|---|---|
| No NY source gross income / $0 to $100,000 | $25 |
| $100,001 to $250,000 | $50 |
| $250,001 to $500,000 | $175 |
| $500,001 to $1,000,000 | $500 |
| $1,000,001 to $5,000,000 | $1,500 |
| $5,000,001 to $25,000,000 | $3,000 |
| Over $25,000,000 | $4,500 |
Sales Tax on Tax Preparation Services
Tax preparation services are NOT subject to New York State or New York City sales tax. New York taxes specific enumerated services; professional services including tax preparation are not on that list. Preparers with a physical office in New York create nexus for sales tax registration purposes, but because the service itself is exempt, collection is not required on preparation fees. If you sell any taxable goods or services (such as bookkeeping software), you would need a Certificate of Authority from the NY Department of Taxation and Finance.
High-Value Client Niches for New York Preparers
NYC Financial Sector: RSUs and Equity Compensation
NYC-based employees at investment banks, hedge funds, private equity firms, and large corporations frequently receive restricted stock units (RSUs), non-qualified stock options (NQSOs), and carried interest as significant portions of their compensation. For NY return purposes:
- RSU allocation: NY state regulation 20 NYCRR 132.24 governs income allocation for RSU vesting. The portion of RSU income taxable in NY is determined by the ratio of NY workdays during the grant-to-vest period to total workdays during that period. This allocation affects nonresidents who received grants while working in NY and have since relocated.
- NQSOs: Treated similarly to RSUs for NY sourcing purposes, with allocation based on the grant-to-exercise period.
- Carried interest: Taxed as ordinary income at federal and NY rates. No preferential treatment at either level.
- Year-end bonuses: Fully NY-sourced if earned while the taxpayer was working in NY, regardless of when the bonus is actually paid.
Clients who have left New York but hold unvested RSUs granted during NY employment will face ongoing NY tax obligations as grants vest. These "legacy" NY issues require careful tracking.
Real Estate Investors
New York conforms to federal Section 1031 like-kind exchange deferral. A deferred federal gain also defers the NY state capital gain. A significant June 2025 ruling from the NY Division of Tax Appeals blessed at-closing drop-and-swaps for 1031 exchanges, clarifying that title does not need to be held for months before a 1031-qualifying sale. This is a valuable planning point for real estate investor clients.
NYC Real Property Transfer Tax (RPTT) rates on NYC property transfers: residential at or below $500,000 is 1%; residential above $500,000 is 1.425%; commercial at or below $500,000 is 1.425%; commercial above $500,000 is 2.625%. The 1031 exchange defers income tax but does NOT defer RPTT. The NY State real estate transfer tax adds 0.4% on all transfers, plus a 1% mansion tax on residential sales above $1,000,000.
Gig Economy and Self-Employed Workers in NYC
Self-employed and gig economy workers operating in New York City face a compounding of taxes that no other market replicates: federal self-employment tax (15.3%), federal income tax (with no QBI deduction for NY purposes), NY state income tax (up to 10.9%), NYC personal income tax (up to 3.876%), NYC UBT (4%, net of credit), and MCTMT (0.34%). The federal OBBBA 1099-K threshold restoration to $20,000 and 200 transactions for 2025 affects which clients receive 1099-K forms, but all income remains taxable regardless of whether a form is issued.
For gig workers with tip income: the federal OBBBA tip deduction (up to $25,000 for qualifying occupations) must be added back on Form IT-225. Tip income is fully taxable in New York.
High-Net-Worth Clients: NY Departure Audits
New York conducts approximately 3,000 domicile change audits per year, collecting an estimated $1 billion annually from these reviews. When a high-income taxpayer claims to have changed domicile from New York to a lower-tax state (Florida, Texas, Nevada), NY typically audits to verify the change was genuine. Audit evidence includes cell phone location records, social media check-ins, credit card transaction locations, medical and dental records, veterinarian records (where the taxpayer's pets receive care), homestead exemption claims in the purported new state, vehicle registration, driver's license location, and voter registration.
For any high-net-worth client claiming a domicile change, preparers must ensure: (1) the permanent place of abode in NY is eliminated or not maintained for more than 10 months; (2) the 184-day threshold for NY days is not reached (any part of a day counts); and (3) contemporaneous day-counting documentation, including a calendar with travel records, is maintained throughout the transition year and for several years after filing.
Additional New York Tax Features for Preparers
STAR Program (School Tax Relief)
STAR is a property tax relief program, not an income tax program. It reduces the property tax bill on a taxpayer's primary residence. Clients frequently confuse STAR with income tax relief.
- Basic STAR: Available to homeowners with combined household income of $500,000 or less
- Enhanced STAR: For homeowners age 65 or older with combined household income of $107,300 or less (2025 eligibility threshold). Provides a larger exemption than Basic STAR.
New homeowners should register for STAR as a credit (a direct check from New York State) rather than an exemption applied to the tax bill; the credit path is the state's preferred approach. STAR does not appear on the income tax return.
NY Child and Dependent Care Credit
New York offers a state child and dependent care credit worth 20% to 110% of the federal credit, depending on NY AGI. For taxpayers with AGI below $25,000, the NY credit is 110% of the federal credit. The credit is refundable at lower income levels. NYC residents with at least one child under age 4 and federal AGI of $30,000 or less can claim a separate NYC credit worth up to 75% of the NY State credit, claimed on the same IT-201 return.
Key New York Tax Forms Reference
| Form | Purpose |
|---|---|
| IT-201 | Full-year resident income tax return (also reports NYC and Yonkers tax) |
| IT-203 | Nonresident and part-year resident income tax return |
| IT-203-B | Nonresident and part-year resident income allocation schedule |
| IT-196 | NY itemized deductions (where full SALT deduction is claimed) |
| IT-225 | NY modifications (add-backs for tips, overtime, bonus depreciation, QBI) |
| IT-204-LL | LLC/LLP annual filing fee return |
| MTA-6 | Metropolitan Commuter Transportation Mobility Tax (self-employed) |
| IT-201-X / IT-203-X | Amended returns for resident and nonresident filers |
Professional Associations and Resources
NATP New York Chapter
The New York Chapter of the National Association of Tax Professionals (newyorknatp.com) is the primary professional home for non-credentialed registered preparers in the state. The chapter provides CE education, legislative updates on Section 32 and NY Department of Taxation and Finance guidance, and networking for independent preparers. NATP membership does not exempt a preparer from NY SLMS requirements, but the chapter is a valuable resource for practitioner-level guidance that official government channels do not always provide clearly.
New York State Society of CPAs (NYSSCPA)
The NYSSCPA (nysscpa.org) is the professional organization for CPAs practicing in New York. While membership is limited to CPAs, the NYSSCPA publishes publicly accessible guidance on NY tax law changes, legislative developments, and OBBBA conformity updates that are useful for all NY-focused preparers.
NY Department of Taxation and Finance Resources
tax.ny.gov is the authoritative source for NYTPRIN registration, SLMS CE access, PTET election mechanics, IT-225 modification codes, and e-file mandate guidance. The DTF publishes technical memoranda (TSB-Ms) and advisory opinions that provide binding guidance on specific NY tax positions. For preparers handling complex NYC clients, NYC Finance (nyc.gov/finance) publishes current UBT, RPTT, and local tax guidance.
Frequently Asked Questions
Does New York require a tax preparer license?
Yes. New York Tax Law Section 32 requires non-credentialed paid preparers who prepare 10 or more NY state returns for compensation to register annually, pay a $100 fee, and complete continuing education through the NY State Learning Management System (SLMS). First-year commercial registrants must complete 16 CE hours; returning registrants complete 4 hours per year. CPAs, EAs, attorneys, and employees supervised by those credentialed professionals are exempt. Every registered preparer receives a NYTPRIN that must appear on every NY return prepared.
What is the NYTPRIN?
The NYTPRIN (New York Tax Preparer Registration Identification Number) is the unique number issued to every registered commercial preparer in New York upon completing annual registration. It must appear on every New York State tax return the preparer prepares or facilitates. Omitting it carries a $50 per return penalty (up to $5,000 per year), rising to $250 per return with no annual cap for preparers who were already penalized for the same violation in a prior year. The NYTPRIN is separate from the federal PTIN; both are required on NY returns.
Does New York conform to the OBBBA tip and overtime deductions?
No. New York is a static conformity state and has actively decoupled from the OBBBA. The federal tip deduction (up to $25,000) and the federal overtime deduction are both disallowed in New York. Preparers must add back these amounts on Form IT-225. Tips and overtime pay are fully taxable for NY purposes. New York also does not recognize the federal QBI deduction under IRC Section 199A and requires add-backs for federal bonus depreciation.
Is Social Security taxable in New York?
No. New York does not tax Social Security retirement benefits. The full amount included in federal AGI is excluded from NY taxable income. There is no age threshold and no income limit for this exclusion. Additionally, NY allows a $20,000 exclusion for pension and annuity income for taxpayers age 59.5 or older.
What is the NY PTET election deadline?
The NY PTET election deadline is March 15 of the tax year. For 2026, the deadline is March 15, 2026. The election is irrevocable once made. PTET rates range from 6.85% to 10.9% based on entity taxable income. Following the OBBBA's SALT cap increase to $40,000, reassess the PTET value for each eligible client, particularly those with AGI between $500,000 and $600,000 where the new federal cap begins to phase back toward $10,000.
Do AFSP hours satisfy the NY SLMS requirement?
No. AFSP hours and NY SLMS hours are completely separate obligations. Completing the 18-hour AFSP program through an IRS-approved provider does not satisfy any part of the NY SLMS requirement. A NY commercial preparer who participates in AFSP must also separately complete 16 SLMS hours (first year) or 4 SLMS hours (returning years) through the NY State portal. Budget for both sets of CE independently.
What is the NY e-file mandate threshold for paid preparers?
Paid preparers who prepared more than 10 authorized NY tax documents for different taxpayers in the prior calendar year AND will use tax software to prepare at least one document in the current year are subject to the NY e-file mandate. Once subject to the mandate, it continues in all subsequent years regardless of volume. Clients cannot opt out of e-filing and preparers may not charge a separate fee for it.
For 2025 returns, verify how this state responds to the One Big Beautiful Bill Act provisions before filing. The state OBBBA conformity practitioner guide covers the conformity analysis workflow for tip and overtime income add-backs, bonus depreciation decoupling, and QBI adjustments in major nonconforming states.