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Filing taxes can often feel like a race against the clock, especially when life's hurdles get in the way. Recognizing this, the Department of Taxation and Finance provides New Yorkers a lifesaver in the form of the IT-370 form. This document is an Application for Automatic Six-Month Extension of Time to File for Individuals, offering a much-needed reprieve for those who can't meet the original filing deadline. It grants an automatic six-month extension to file either Form IT-201, the Resident Income Tax Return, or Form IT-203, the Nonresident and Part-Year Resident Income Tax Return. It's important to note the shift away from accepting federal extension forms in lieu of the IT-370, emphasizing its significance. For those facing extraordinary circumstances, such as living outside the United States or dealing with a spouse's recent death, there are provisions in place for an even longer extension under specific conditions. The form also adapts to modern conveniences, allowing for electronic filing under certain conditions, thus streamlining the process for busy taxpayers. Additionally, the form includes space for those who must also file a Yonkers Nonresident Earnings Tax Return, simplifying the process by connecting the extension to this requirement. Submitting the IT-370 by the due date with any tax due using the provided worksheet ensures taxpayers avoid late penalties and interest, a crucial step in maintaining financial integrity while navigating tax responsibilities.

Ny It 370 Sample

Department of Taxation and Finance

 

IT-370

Application for Automatic Six-Month

Extension of Time to File for Individuals (with instructions)

 

 

 

Instructions

 

General information

income tax returns because you are out of the country (for

Purpose

additional information, see When to file/important dates on the

back cover of the instructions for the return you are filing) and

File Form IT-370 on or before the due date of the return to get

you need an additional four months to file (October 15, 2021);

an automatic six-month extension of time to file Form IT‑201,

June 15, 2021, if you are a U.S. nonresident alien for federal

Resident Income Tax Return, or Form IT-203, Nonresident and

income tax purposes and you qualify to file your federal and

Part-Year Resident Income Tax Return.

New York State income tax returns on June 15, 2021, and you

Note: We no longer accept a copy of the federal extension form

need an additional six months to file (December 15, 2021); or

July 14, 2021, (if your due date is April 15, 2021) or

in place of Form IT-370.

If you are requesting an extension of time to file using

September 13, 2021 (if you are a nonresident alien and

your due date is June 15, 2021), if you qualify for a 90-day

Form IT-370, you may still file Form IT-201 or Form IT-203

extension of time to file because your spouse died within

electronically, provided you meet the conditions for electronic

30 days before your return due date and you need additional

filing as listed in the instructions for the forms.

time to file. However, you must file your return on or before

If you have to file Form Y-203, Yonkers Nonresident Earnings

October 15, 2021, if your due date is April 15, 2021, or on or

before December 15, 2021, if you are a nonresident alien and

Tax Return, the time to file is automatically extended when you

your due date is June 15, 2021.

 

file Form IT-370. For more information on who is required to file

 

Form Y-203, see the instructions for the form.

See Special condition codes on page 2.

 

We cannot grant an extension of time to file for more than

If you qualify for an extension of time to file beyond six

six months if you live in the United States. However, you

months, you must file Form IT-370 on or before the filing

may qualify for an extension of time to file beyond six

deadline for your return.

 

months under section 157.3(b)(1) of the personal income tax

How to file

 

regulations because you are outside the United States and

 

Puerto Rico, or you intend to claim nonresident status under

Complete Form IT-370 and file it, along with payment for any tax

section 605(b)(1)(A)(ii) of the Tax Law (548-day rule), as

due, on or before the due date of your return. Use the worksheet

explained in the instructions for Form IT-203 under Additional

on page 3 to determine if a payment is required.

information. Also see the special condition code instructions for

 

 

the return you will be filing (Form IT-201 or Form IT-203).

Payment of tax – To obtain an extension of time to file, you

When to file

must make full payment of the properly estimated tax balances

due. Payment may be made by check or money order. See

File one completed Form IT-370 on or before the filing deadline

Payment options below.

 

for your return (extension applications filed after the filing

Penalties

 

deadline for the return are invalid). Generally, the filing deadline

 

is the fifteenth day of the fourth month following the close of your

Late payment penalty – If you do not pay your tax liability when

tax year (April 15, 2021, for calendar-year filers).

due (determined with regard to any extension of time to pay),

However, you may file Form IT-370 on or before:

you will have to pay a penalty of ½ of 1% of the unpaid amount

for each month or part of a month it is not paid, up to a maximum

June 15, 2021, if you qualify for an automatic two-month

of 25%. The penalty will not be charged if you can show

extension of time to file your federal and New York State

 

 

Detach (cut) here▼   

Do not submit with your return.

 

Department of Taxation and Finance

IT-370

Application for Automatic Six-Month Extension of Time to File for Individuals

Paid preparer? Mark an X in the box and complete the back.............

Your full Social Security number (SSN)

Spouse’s full SSN (only if filing a joint return)

 

 

 

 

Your first name and middle initial

Your last name

 

 

 

 

 

Spouse’s first name and middle initial

Spouse’s last name

 

 

 

 

Mailing address (number and street or PO box)

 

 

Apartment number

 

 

 

 

City, village, or post office (see instructions)

 

State

ZIP code

 

 

 

 

Email:

 

 

 

 

 

 

 

Enter your 2‑character special condition code

  if applicable (see instructions) .................................

Mark an X in the box for each tax that you are subject to:

NYS tax

NYC tax

Yonkers tax

MCTMT

 

 

 

Dollars

 

1

.....Sales and use tax

 

 

2

Total payment

 

 

 

 

Cents

00

00

3701200094

Page 2 of 3  IT-370 (2020)

reasonable cause for paying late. This penalty is in addition to the interest charged for late payments.

Reasonable cause will be presumed with respect to the addition to tax for late payment of tax if the requirements relating to extensions of time to file have been complied with, the balance due shown on the income tax return, reduced by any sales or use tax that is owed, is no greater than 10% of the total New York State, New York City, and Yonkers tax, and metropolitan commuter transportation mobility tax (MCTMT) shown on the income tax return, and the balance due shown on the income tax return is paid with the return.

Late filing penalty – If you do not file your Form IT-201 or Form IT-203 when due (determined with regard to any extension of time to file), or if you do not file Form IT-370 on time and obtain an extension of time to file, you will have to pay a penalty of 5% of the tax due for each month, or part of a month, the return is late, up to a maximum of 25%. However, if your return is not filed within 60 days of the time prescribed for filing a return (including extensions), this penalty will not be less than the lesser of $100 or 100% of the amount required to be shown as tax due on the return reduced by any tax paid and by any credit that may be claimed. The penalty will not be charged if you can show reasonable cause for filing late.

Interest

Interest will be charged on income tax, MCTMT, or sales or use tax that is not paid on or before the due date of your return, even if you received an extension of time to file your return. Interest is a charge for the use of money and in most cases may not be waived. Interest is compounded daily and the rate is adjusted quarterly.

Fee for payments returned by banks

The law allows the Tax Department to charge a $50 fee when a check, money order, or electronic payment is returned by a bank for nonpayment. However, if an electronic payment is returned as a result of an error by the bank or the department, the department won’t charge the fee. If your payment is returned, we will send a separate bill for $50 for each return or other tax document associated with the returned payment.

Specific instructions

Married taxpayers who:

file separate returns must complete separate Forms IT-370. Do not include your spouse’s SSN or name on your separate

Form IT-370.

file a joint Form IT-370 will have the monies paid with that form divided equally between the spouses’ accounts. Both their accounts will be applied to their joint return when they file it.

file a Form IT-203-C, Nonresident or Part-Year Resident

Spouse’s Certification, do not list the spouse with no New York source income on Form IT-370. If the spouse is listed, the monies paid will be divided between the two accounts. When the return is filed with a Form IT-203-C attached, the account of the spouse with no New York source income will not be applied, unless we receive prior authorization.

Name and address box – Enter your name (both names if filing a joint application), address, and entire Social Security number(s). Failure to provide the entire Social Security number may invalidate this extension or result in monies not being properly credited to your account. If you do not have a Social Security number, enter do not have one. If you do not have a Social Security number, but have applied for one, enter applied for.

Foreign addresses – Enter the information in the following order: city, province or state, and then country (all in the City, village, or post office box). Follow the country’s practice for entering the postal code. Do not abbreviate the country name.

Special condition codes – If you are out of the country and need an additional four months to file (October 15, 2021), enter special condition code E3. If you are a nonresident alien and your filing due date is June 15, 2021, and you need an additional six months to file (December 15, 2021), enter special condition code E4. If you qualified for a 90-day extension of time to file because your spouse died, and you need additional time to file (on or before October 15, 2021, or in the case of

a nonresident alien, on or before December 15, 2021), enter special condition code D9. Also enter the applicable special condition code, E3, E4, or D9 on Form IT-201 or Form IT-203 when you file your return.

Privacy notification

See our website or Publication 54, Privacy Notification.

Detach (cut) here▼    Do not submit with your return.

IT-370 (2020) (back)

When completing this section, enter your New York tax preparer registration

Payment options – Full payment must be made by check or money order of

identification number (NYTPRIN) if you are required to have one. If you are

any balance due with this automatic extension of time to file. Make the check

not required to have a NYTPRIN, enter in the NYTPRIN excl. code box one

or money order payable in U.S. funds to New York State Income Tax and

of the specified 2-digit codes listed below that indicates why you are exempt

write the last four digits of your Social Security number and 2020 Income Tax

from the registration requirement. You must enter a NYTPRIN or an exclusion

on it. For online payment options, see our website (at www.tax.ny.gov).

code. Also, you must enter your federal preparer tax identification number

 

(PTIN) if you have one; if not, you must enter your Social Security number.

Paid preparers – Under the law, all paid preparers must sign and complete

 

 

 

 

 

the paid preparer section of the form. Paid preparers may be subject to civil

 

Code

Exemption type

Code

Exemption type

and/or criminal sanctions if they fail to complete this section in full.

 

01

Attorney

02

Employee of attorney

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

03

CPA

04

Employee of CPA

Paid preparer must complete (see instructions)

Date:

 

 

 

 

 

 

05

PA (Public Accountant)

06

Employee of PA

Preparer’s signature

Preparer’s NYTPRIN

 

 

 

 

 

 

 

07

Enrolled agent

08

Employee of enrolled

 

 

 

 

 

 

 

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

Preparer’s PTIN or SSN

 

 

 

 

 

agent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

09

Volunteer tax preparer

10

Employee of business

Address

Employer identification number

 

 

 

 

preparing that

 

 

 

 

 

 

 

 

 

 

business’ return

 

 

NYTPRIN

 

See our website for more information about the tax preparer

 

 

excl. code

 

 

 

 

 

 

 

 

 

registration requirements.

 

 

Email:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3702200094

Worksheet instructions

Complete the following worksheet to determine if you must make a payment with Form IT-370.

If you enter an amount on lines 1, 2, 3, or 4 of this worksheet, mark an X in the appropriate box on the front of this form.

Line 1 – Enter the amount of your New York State income tax liability for 2020 that you expect to enter on Form IT-201, line 46, or Form IT‑203, line 50.

Line 2 – Enter the amount of your New York City income tax liability for 2020 that you expect to enter on Form IT-201, line 54, or Form IT‑203, line 52a.

Line 3 – Enter the amount of your Yonkers income tax liability for 2020 that you expect to enter on Form IT‑201, lines 55, 56, and 57; or Form IT‑203, lines 53 and 54.

Line 4 – Enter the amount of your MCTMT liability for 2020 that you expect to enter on Form IT-201, line 54b, or Form IT-203, line 52c.

Line 5 – Enter the amount of sales and use tax, if any, that you will be required to report when you file your 2020 return. See the instructions for your NYS income tax return for information on how to compute your sales and use tax. Also enter this amount on line 1 on the front of this form.

Line 7 – Enter the amount of 2020 tax already paid that you expect to enter on Form IT-201, line 76, or Form IT-203, line 66 (excluding the amount paid with Form IT-370).

 

 

Worksheet

 

 

 

 

1

 

 

1.

 

 

New York State income tax liability for 2020 .

 

 

2

....New York City income tax liability for 2020

 

 

3

...........Yonkers income tax liability for 2020

 

 

4

MCTMT liability for 2020

4.

 

 

5Sales and use tax due for 2020 (enter this

 

amount here and on line 1 on the front)

5.

 

 

6

Total taxes (add lines 1 through 5)

6.

7

Total 2020 tax already paid

7.

8

Total payment (subtract line 7 from line 6 and enter this

 

amount here and on line 2 on the front). If line 7 is more

 

  than line 6, enter 0

8.

Note: You may be subject to penalties if you underestimate the balance due.

How to claim credit for payment made with this form

Include the amount paid with Form IT-370 on Form IT-201, line 75, or Form IT-203, line 65.

For more information, see the line instructions for the return you file.

IT-370 (2020)  Page 3 of 3

Where to file

If you are enclosing a payment with Form IT-370, mail to:

EXTENSION REQUEST

PO BOX 4125

BINGHAMTON NY 13902-4125

If you are not enclosing a payment with Form IT-370, mail to:

EXTENSION REQUEST–NR

PO BOX 4126

BINGHAMTON NY 13902-4126

Private delivery services

If you choose, you may use a private delivery service, instead of the U.S. Postal Service, to mail in your form and tax payment. However, if, at a later date, you need to establish the date you filed or paid your tax, you cannot use the date recorded by a private delivery service unless you used a delivery service that has been designated by the U.S. Secretary of the Treasury

or the Commissioner of Taxation and Finance. (Currently designated delivery services are listed in Publication 55, Designated Private Delivery Services. See Need help? below for information on obtaining forms and publications.) If you have used a designated private delivery service and need to establish the date you filed your form, contact that private delivery service for instructions on how to obtain written proof of the date your form was given to the delivery service for delivery. See Publication 55 for where to send the form covered by these instructions.

Need help?

Visit our website at www.tax.ny.gov

• get information and manage your taxes online

• check for new online services and features

Telephone assistance

 

Automated income tax refund status:

518-457-5149

Personal Income Tax Information Center:

518-457-5181

To order forms and publications:

518-457-5431

Text Telephone (TTY) or TDD

Dial 7-1-1 for the

  equipment users

New York Relay Service

 

 

3703200094

File Overview

Fact Name Description
Purpose and Usage The NY IT-370 form is used to request an automatic six-month extension of time to file the NY State income tax returns (IT-201 or IT-203) for individuals.
Filing Deadline Must be filed on or before the due date of the original tax return. For calendar year filers, this is typically April 15.
Payment with Submission When filing Form IT-370, any estimated tax due must be paid to obtain the extension, using the included worksheet to calculate the payment.
Governing Laws The form and its requirements are governed by New York State Tax Law and the instructions provided by the Department of Taxation and Finance.

Ny It 370: Usage Guidelines

Filing the New York IT-370 form is essential for individuals who need more time to compile their New York State income tax return documents. This form grants an automatic six-month extension to file, ensuring no penalties for late submission as long as the form and any owed payments are submitted by the original due date. The steps below will guide you through filling out this form accurately. Following these details carefully is pivotal to ensuring that the process goes smoothly and effectively.

  1. Fill in your full Social Security number and, if filing jointly, your spouse’s full Social Security number.
  2. Enter your first name, middle initial, and last name. If filing jointly, also provide your spouse’s name and middle initial.
  3. Enter your mailing address, including the number and street or P.O. box, apartment number, city, village, or post office, state, and ZIP code.
  4. Indicate your email address if you have one.
  5. If applicable, enter your 2-character special condition code.
  6. Mark an X in the box for each applicable tax: NYS tax, NYC tax, Yonkers tax, and MCTMT (metropolitan commuter transportation mobility tax).
  7. Determine the total payment due, if any, and fill in lines for sales and use tax and the total payment in dollars and cents.
  8. For those required, enter the New York tax preparer registration identification number or PTIN if a paid preparer is completing the form.
  9. Complete the worksheet on page 3 of the form to determine if a payment is required with your extension request, and calculate the total payment amount needed.
  10. Sign and date the form. If a paid preparer filled out the form, ensure they complete the paid preparer section.
  11. Review the form for accuracy and completeness.
  12. Mail the completed IT-370 form by the due date for your return:
    - If including a payment, send to: EXTENSION REQUEST PO BOX 4125, BINGHAMTON NY 13902-4125
    - Without a payment, send to: EXTENSION REQUEST–NR, PO BOX 4126, BINGHAMTON NY 13902-4126

Remember, it is critical to submit Form IT-370 by your original filing deadline to avoid potential penalties for late submission of your income tax return. Making any required payment alongside this form by the due date will also help in avoiding late payment penalties and interest charges. Taking these steps ensures you remain compliant with New York State tax obligations while giving you more time to file your complete and accurate income tax return.

FAQ

  1. What is Form IT-370 and why would I need to file it?

    Form IT-370, the Application for Automatic Six-Month Extension of Time to File for Individuals, is utilized when more time is needed to file the New York State income tax returns, specifically Form IT-201, Resident Income Tax Return, or Form IT-203, Nonresident and Part-Year Resident Income Tax Return. This request grants an automatic six-month extension to submit the necessary returns, providing additional time without the need for a federal extension form.

  2. When is the deadline to file Form IT-370?

    The form must be filed on or before the original due date of your return. Generally, this is April 15th for calendar-year filers. If special circumstances apply, such as being out of the country or a U.S. nonresident alien, the deadlines adjust accordingly to June 15th or other specified dates. Filing beyond your return's due date invalidates the extension application.

  3. Can I file Form IT-370 electronically?

    Yes, you may file Form IT-370 electronically if you meet the conditions for electronic filing as detailed in the instructions for forms IT-201 and IT-203. This option allows for a more convenient submission process.

  4. What payment is required with Form IT-370?

    To obtain the extension, full payment of the estimated tax due is necessary. Payment can be made by check or money order, with guidance on the calculation provided in the form's worksheet. This includes any New York State, New York City, and Yonkers tax, as well as metropolitan commuter transportation mobility tax (MCTMT) and sales or use tax.

  5. What penalties might I face if I don't comply with payment or filing requirements?

    If tax is not paid by the due date, a late payment penalty of ½ of 1% of the unpaid amount per month, up to 25%, may apply. Additionally, failing to file the return or Form IT-370 by the due date invites a late filing penalty of 5% of the tax due per month, up to 25%. However, these penalties may be waived if reasonable cause is demonstrated.

  6. If I am married, how should my spouse and I file Form IT-370?

    Married taxpayers have options based on their filing status. If filing separate returns, each spouse must submit a separate Form IT-370. For a joint extension, the form is filed collectively, with any payment equally divided between each spouse's accounts. However, if a Form IT-203-C is also filed due to one spouse having no New York source income, do not list them on the Form IT-370 to ensure proper account allocation.

  7. What if I am a nonresident or have special filing circumstances?

    If you are a nonresident alien, outside the United States and Puerto Rico, or claiming nonresident status under specific tax law provisions, you may qualify for extensions beyond six months. Special condition codes (e.g., E3, E4, D9) must be entered on Form IT-370 and the respective income tax return to denote these statuses.

Common mistakes

Filling out tax forms can be a daunting task, and the New York IT-370 form is no exception. This form, used to apply for an automatic six-month extension of time to file certain New York State income tax returns, often trips up filers. Let's explore seven common mistakes made when completing this form:

  1. Missing the filing deadline - Submission of Form IT-370 is required on or before the original due date of your return to secure an extension. Missing this deadline could lead to penalties for failing to file on time.
  2. Incorrect payment estimate - The form necessitates an accurate estimate of any tax due. Underestimating the amount owed could result in penalties and interest charges on the unpaid balance.
  3. Not including payment for estimated tax due - If you owe taxes, payment should accompany your extension request. Failure to include the estimated tax payment can also lead to penalties and interest.
  4. Providing incomplete or incorrect information - It's crucial to fill in every required field accurately, especially your Social Security number(s) and address. Mistakes here can invalidate your extension or delay processing.
  5. Overlooking special condition codes - If you qualify for additional extensions due to specific circumstances (like being out of the country), failing to include the correct special condition code may cost you the extra time.
  6. Not signing the form - An unsigned form is like an unsubmitted form in the eyes of taxation authorities. Ensure you (and your spouse, if filing jointly) sign the form before submission.
  7. Failing to file electronically where applicable - Although the IT-370 allows for electronic filing, some filers still submit paper forms when they could benefit from the convenience and reduced processing time of e-filing.

Errors on the IT-370 can lead to a variety of complications, from simple delays to financial penalties. It's important to pay careful attention to each part of the form, to ensure that all the information is complete and correct. Furthermore, understanding the specific instructions and requirements can help avoid these mistakes. For instance, when making a payment, checks or money orders should be payable in U.S. funds to the New York State Income Tax and should include the last four digits of your Social Security number to prevent misapplication of funds.

Avoiding these common pitfalls can help ensure that your extension is processed smoothly, giving you the extra time you need without unnecessary stress or cost. Remember, the extension only applies to the filing of the return, not to any tax payment due, so it's wise to estimate and submit any owed taxes with your Form IT-370 to avoid interest and penalties. Careful reading of the instructions provided with the form can guide you in completing it correctly. If in doubt, consulting with a tax professional or the Department of Taxation and Finance directly can provide clarity and peace of mind.

Documents used along the form

Filing tax forms and related documents is a multifaceted process, especially for individuals residing or earning income in the state of New York. When submitting the New York Form IT-370 for an automatic six-month extension of time to file personal income tax returns, there are additional forms and documents that taxpayers often need to consider. Below is a breakdown of some of these forms and documents, aiming to provide clarity on their purpose and necessity.

  • Form IT-201: Resident Income Tax Return. This form is used by residents of New York State to file their annual income tax returns. It's essential for those who have their primary home in New York for more than half the year.
  • Form IT-203: Nonresident and Part-Year Resident Income Tax Return. For individuals who lived in New York for only part of the year or earned income in the state without residing there, this form ensures their income is correctly taxed by New York State.
  • Form IT-203-B: Nonresident and Part-Year Resident Income Allocation and College Tuition Itemized Deduction Worksheet. This helps nonresidents and part-year residents calculate how much of their income is subject to New York State taxes.
  • Form Y-203: Yonkers Nonresident Earnings Tax Return. Individuals working in Yonkers but not residing there use this form to declare income earned within this jurisdiction, fulfilling local tax obligations.
  • Form IT-201-ATT: Other Tax Credits and Taxes. This attachment is used alongside Form IT-201 for detailing applicable tax credits and additional taxes owed by the taxpayer.
  • Form IT-2: Summary of W-2 Statements. Taxpayers must complete this form if they receive a W-2 form from their employer, summarizing their annual wages and tax withholdings.
  • Form IT-1099-R: Summary of Federal Form 1099-R Statements. This form is necessary for individuals who have received distributions from pensions, annuities, retirement or profit-sharing plans, IRAs, or insurance contracts, summarizing the information for state tax purposes.
  • Form IT-214: Claim for Real Property Tax Credit for Homeowners and Renters. Eligible New York residents can claim a tax credit for real property taxes or rent paid during the tax year using this form.

Understanding these forms and when they are required is crucial for a smooth and accurate tax filing process. By familiarizing themselves with the specific documents related to their residency status and income sources, taxpayers can ensure compliance with New York State's taxation regulations and avoid common pitfalls during the tax season.

Similar forms

The IRS Form 4868, "Application for Automatic Extension of Time To File U.S. Individual Income Tax Return," bears resemblance to the NY IT-370 form, as both serve the purpose of requesting an additional six-month period to file their respective tax returns. While Form 4868 pertains to federal income tax returns, the NY IT-370 is specific to New York State taxpayers. Both forms must be filed by the original due date of the return to be valid and require an estimation of the tax due, if any, along with payment of any estimated amount owed to avoid penalties and interest.

Form 7004, "Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns," is akin to the IT-370 in its function of requesting extra time for tax filing. However, Form 7004 is targeted at businesses needing more time to file their federal tax returns, including partnerships, corporations, and certain trusts. Similar to the IT-370, Form 7004 requires submission by the tax return's original due date, but it covers a variety of business entities rather than individuals.

The California Form 3519, "Payment for Automatic Extension for Individuals," functions similarly to the NY IT-370, providing individuals an extension to file their state income tax return. Like the IT-370, this form is designed for taxpayers who cannot file their return by the original deadline and need additional time. Both forms entail estimating the amount of tax owed and making a payment by the original due date to avoid penalties.

The "Application for Extension of Time to File Michigan Tax Returns" (Form 4) offers Michigan taxpayers a parallel service to what the NY IT-370 provides for New Yorkers. It grants an automatic extension of time to file the state's income tax return. Although specific to Michigan residents, it similarly requires that the application be filed by the original due date of the return, mirroring the IT-370’s stipulations for extensions and payment of estimated tax due.

Form 8809, "Application for Extension of Time to File Information Returns," while serving a different target audience—businesses and other entities required to file information returns—shares the fundamental concept of requesting additional time for filing with the IT-370. This form is useful for entities that need more time to gather necessary information to accurately complete returns such as Forms W-2 or 1099. The parallel lies in the mechanism of providing relief through extended deadlines, albeit for different categories of filers.

Form IT-303, the "Application for Extension of Time to File Georgia Income Tax Return," parallels the NY IT-370 for Georgia residents. It allows individuals extra time to file their Georgia state income tax returns, requiring it to be filed by the return's original due date. Both forms facilitate an extension process specific to their respective state tax obligations, emphasizing the need for timely application and payment of estimated taxes due to avoid penalties.

New Jersey's Form NJ-630, "Application for Extension of Time to File New Jersey Gross Income Tax Return," serves a similar purpose for New Jersey residents as the NY IT-370 does for New York taxpayers. It allows individuals to request more time to file their state tax returns, conditional on filing by the original due date. Each form caters to the specific procedural and regulatory framework of its state, offering a structured process for securing an extension.

Form CT-1040 EXT, "Application for Extension of Time to File Connecticut Income Tax Return for Individuals," offers Connecticut taxpayers a mechanism like the NY IT-370, granting an extension for filing their state income tax returns. To avoid penalties, filers must estimate and pay any tax due by the original filing deadline. Both forms represent state-specific adaptations of the federal extension request process, tailored to the administrative requirements of individual states.

Form RPD-41096, "Application for Extension of Time to File New Mexico Personal Income Tax Return," is another state-specific document providing an extension service similar to that of the NY IT-370, but for New Mexico residents. It allows taxpayers additional time to file their personal income tax returns, emphasizing the need for submission by the statutory due date and payment of any estimated taxes to avoid interest and penalties.

Dos and Don'ts

When completing the NY IT-370 form, there are essential practices to follow and avoid ensuring a smooth process. Adhering to these guidelines can make the difference between a successfully filed request for an extension and unnecessary complications.

Do:
  • File on time: Submit Form IT-370 on or before your return's due date to receive an automatic six-month extension.
  • Include payment for any tax due: Alongside Form IT-370, provide full payment of the estimated tax balance due to avoid penalties and interest charges.
  • Review specific instructions: Carefully read through the specific instructions for married taxpayers, payment options, and other relevant sections to ensure accurate completion.
  • Ensure correct mailing: Depending on whether you are including a payment, mail your Form IT-370 to the correct address to prevent delays or misplacement.
Don't:
  • Overlook the deadline: Failing to file by the due date can invalidate your extension request and lead to penalties.
  • Miscalculate your estimated tax due: Incorrectly estimating the amount of tax owed can result in penalties, so use the worksheet provided carefully.
  • Ignore special condition codes: If applicable, use the correct special condition code related to your filing circumstances for accurate processing.
  • Forget to sign: A common oversight is failing to sign the form. Ensure that both you and, if applicable, your paid preparer sign the form before submission.

Misconceptions

  • One common misconception is that the NY IT-370 form can be substituted with a copy of the federal extension form. This is not the case; the State of New York explicitly requires Form IT-370 for an extension and does not accept a federal extension form as a replacement.

  • Many people mistakenly believe that filing Form IT-370 grants an extension on paying taxes due. However, it only extends the time to file the income tax return. Taxes owed are still due by the original deadline, and failure to pay on time can result in penalties and interest.

  • Another misconception is that the extension provided by Form IT-370 is beyond six months. In truth, Form IT-370 only grants an automatic six-month extension, with specific conditions under which further extension might be possible for those living outside the United States or for nonresident status claims.

  • Some individuals think that if they file for an extension, they do not have to estimate and pay any tax due with the form. Actually, to avoid penalties, an estimated tax payment should accompany the extension form if you believe you owe taxes.

  • There's also a wrong notion that Form IT-370 extends the time to pay any sales or use tax due. This extension form is specifically for income tax returns, and any sales or use tax due must be handled separately according to its own deadlines and requirements.

  • Many assume that an extension to file using Form IT-370 also extends the deadline for filing Form Y-203, Yonkers Nonresident Earnings Tax Return. While the extension for filing the state return does automatically extend the time for filing Form Y-203, it's important to understand the particular requirements and deadlines for this form.

  • Lastly, a significant misconception is that extensions are automatically granted without the need to file Form IT-370. In fact, to receive the six-month extension, a completed IT-370 form must be submitted by the original due date of the return.

Key takeaways

When dealing with the New York State IT-370 form, an Application for Automatic Six-Month Extension of Time to File for Individuals, there are several key points to remember:

  • Filing the IT-370 form by the due date of your return grants an automatic six-month extension to file Form IT-201 (Resident Income Tax Return) or Form IT-203 (Nonresident and Part-Year Resident Income Tax Return).
  • Replacing Form IT-370 with a federal extension form is no longer accepted by the New York State Department of Taxation and Finance.
  • Form IT-370 must be filed on or before the original due date of your return to be valid.
  • A payment for the estimated tax due should accompany your IT-370 form to avoid late payment penalties. Use the worksheet provided in the form instructions to calculate the payment if necessary.
  • If filing electronically, conditions for electronic submission must be met as outlined in the instructions for Forms IT-201 and IT-203.
  • Filing Form IT-370 automatically extends the time to file Form Y-203 (Yonkers Nonresident Earnings Tax Return).
  • The extension of time to file beyond six months is not typically granted to residents within the United States, except under specific circumstances such as living outside the United States and Puerto Rico.
  • Married taxpayers must each file separate IT-370 forms if they file separate income tax returns. Joint filers will have any payments divided equally and credited to both accounts.
  • Late payment penalties and interest will apply to unpaid or underpaid tax amounts by the due date, even with an extension.
  • Nonpayment by banks for reasons such as insufficient funds will incur a $50 fee, separate from other penalties and interest for late payment.

Ensuring the correct and timely filing of Form IT-370, along with the full payment of estimated taxes due, is crucial to avoid unnecessary penalties and interest. It's also important to understand the specific conditions under which one can qualify for an extension, and what the extension covers in terms of tax obligations with the state of New York.

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