New York Termination of Election to be Treated As a New York S Corporation

Termination of Election to be Treated As a New York S Corporation
Form CT-6.1 Termination of Election to be Treated As a New York S Corporation Revised 12/19
CT-6.1

Department of Taxation and Finance

Termination of Election to be Treated
As a New York S Corporation
	 Employer identification number

		

		
		
		
		

Legal name of corporation 	

Mailing address

		

(12/19)

	 For office use only
			

	 Date received
DBA or trade name (if any)

Mailing name (if different from legal name)

c/o

Number and street or PO box	

			

City	

	

	 Business telephone number	

	
(  )

State	

ZIP code

Effective date of termination (see instructions)

The corporation is terminating its election to be treated as a New York S corporation under New York State Tax Law,
Article 22, section 660(c) for the following reason (mark an X in the appropriate box):
	1	
Termination of federal S election
	

2	 Revocation of election by shareholders owning more than 50% of the shares of stock of the corporation

	3	
New shareholder refusal
If you marked box 2, all revoking shareholders must complete the Shareholder individual affirmation.
If you marked box 3, only the new shareholder must complete the Shareholder individual affirmation.
Shareholder individual affirmation - By signing below, the shareholder(s) of the above corporation revokes the election
to be treated as an S corporation or, in the case of a new shareholder, refuses to consent to the election to be treated as
an S corporation under Tax Law, Article 22, section 660(c). The shareholder(s) also certifies that the personal information
given below is to the best of the shareholder’s knowledge and belief true, correct, and complete.
See instructions if a continuation sheet or a separate consent statement is needed.
A
Name and address
of each revoking shareholder
(include ZIP code)

B
Social Security
number or employer
identification number

C
Stock owned or percentage of
ownership (see instructions)
Number of shares
or percentage of
ownership

D
Shareholder’s signature (see instructions)
For this termination of election to be valid, all
revoking shareholders must signify consent by
signing below.

Date
acquired

Certification: I certify that this termination of election and any attachments are to the best of my knowledge and belief true, correct,
and complete.
Authorized
person
Paid
preparer
use
only

(see instr.)

Printed name of authorized person	

Signature of authorized person	

	 Email address of authorized person	
	 Firm’s name (or yours if self-employed)	
	 Signature of individual preparing this election	
	 Email address of individual preparing this election	

Official title
Telephone number	

(		

	
Address	
	

Fax form to: 518-435-8605 (see instructions)

)

Firm’s EIN	

Date
Preparer’s PTIN or SSN

City	
Preparer’s NYTPRIN	

State	
or	

Excl. code	 Date

ZIP code

Page 2 of 2  CT-6.1 (12/19)

	
General information

Instructions

A corporation that made the election to be treated as a New
York S corporation on Form CT-6, Election by a Federal
S Corporation to be Treated as a New York S Corporation,
must file Form CT‑6.1 to terminate the election. Specifically,
Form CT‑6.1 is used to report:
–	 the termination of the corporation’s taxation as a New York
S corporation under Tax Law Article 9-A; and
–	 the termination of the shareholder’s election to include his or
her share of the New York S corporation’s items of income,
loss, and deductions under the personal income tax law
(Article 22) or as unrelated business income for Article 13
taxpayers.

When termination occurs

An election to treat the corporation as a New York S corporation
will cease to be effective:
–	 on the day the federal election to be treated as an
S corporation ceases; or
–	 where shareholders owning more than 50% of the shares of
stock revoke the New York S election, on the date specified
under Revocation of election; or
–	 on the day a person who refuses to consent to the New York
S corporation treatment becomes a new shareholder.
Note: When the termination date is other than the first day of a tax
year, the corporation will be considered a New York S corporation
from the first day of the tax year to the day immediately preceding
the termination day and a New York C corporation from the
termination day to the last day of the tax year.

Revocation of election

The revocation is effective:
–	 on the first day of the tax year, if Form CT-6.1 is filed on or
before the fifteenth day of the third month of the tax year; or
–	 on the first day of the following tax year if Form CT-6.1 is filed
after the fifteenth day of the third month of the tax year; or
–	 on the date specified, if Form CT-6.1 specifies a date on or
after the date it is filed.
Note: In order for the revocation to be valid, the shareholders
revoking the New York S election must own more than 50%
of the shares of stock in the S corporation on the day the
revocation is made.

Specific instructions

Column C – Enter the number of shares of stock owned and
the date the shares of stock were acquired by each shareholder
listed in column A. An entity without stock, such as a limited
liability company (LLC), should enter the percentage of
ownership for each member and date acquired.
Column D – Each shareholder listed in column A must signify
consent to the termination or revocation by signing their name
in column D or by signing their name on a separate consent
statement, as described in Continuation sheet or separate
consent statement.
If a married couple has a community interest in the stock or
the income from it, both spouses must consent. Similarly, each
tenant in common, joint tenant, or tenant by the entirety must
also consent.
A minor’s consent is made by the minor or the legal guardian.
If no legal guardian has been appointed, the natural guardian
makes the consent (even if a custodian holds the minor’s stock
under a law patterned after the Uniform Gifts to Minors Act).
An Article 13 shareholder’s consent is made by an elected
officer or other authorized person.

Signature

The election must be certified by the president, vice president,
treasurer, assistant treasurer, chief accounting officer, or other
officer authorized by the taxpayer corporation.
The election of an association, publicly traded partnership, or
business conducted by a trustee or trustees must be signed by
a person authorized to act for the association, publicly traded
partnership, or business.
If an outside individual or firm prepared the election, all
applicable entries in the paid preparer section must be
completed, including identification numbers (see Paid preparer
identification numbers in Form CT-1). Failure to sign the election
will delay the processing of any refunds and may result in
penalties.

How to file

Fax Form CT-6.1 to 518-435-8605.
If you are unable to send a fax, mail Form CT-6.1 to:
NYS TAX DEPARTMENT
CT-6 PROCESSING
W A HARRIMAN CAMPUS
ALBANY NY 12227-0852

Enter the legal name of the corporation exactly as it appears
in the records of the New York State Department of State.

Private delivery services
See Publication 55, Designated Private Delivery Services.

Enter the DBA or trade name that appears on the Certificate
of Assumed Name filed with the New York State Department of
State.

Need help? and Privacy notification

Continuation sheet or separate consent statement – If you
need a continuation sheet or use a separate consent statement,
attach it to Form CT-6.1. The separate consent statement must
contain the name, address, and employer identification number
of the corporation and the shareholder information requested in
columns A through D.
Column A – If this is a revocation, enter the name and address
of each shareholder consenting to the revocation who owned
shares of stock in the corporation at the time of revocation. If this
is a new shareholder refusal, enter the name and address of the
new shareholder.
Column B – Enter the Social Security number or employer
identification number of each shareholder listed in column A.

See Form CT-1, Supplement to Corporation Tax Instructions.