Form It 2658 E – Fill Out and Use This PDF

New York State Department of Taxation and Finance

Certiicate of Exemption from Partnership or

New York S Corporation Estimated Tax Paid on Behalf of Nonresident Individual Partners and Shareholders

Do not send this certiicate to the Tax Department (see instructions below).

Use this certiicate for tax years 2008 and 2009; it will expire on February 1, 2010.

First name and middle initial	Last name		Social security number
Mailing address (number and street or rural route)			Telephone number
			(	)
City, village, or post ofice		State		ZIP code

I certify that I will comply with the New York State personal income tax estimated tax provisions and tax return iling requirements, to the extent that they apply to me, for tax years 2008 and 2009 (see instructions).

Signature of nonresident individual partner or shareholder	Date

Instructions

(9/07)

General information

Tax Law section 658(c)(4) requires the following entities that have income derived from NewYork sources to make estimated personal income tax payments on behalf of partners or shareholders who are nonresident individuals:

•New York S corporations;

•partnerships (other than publicly traded partnerships as deined in Internal Revenue Code section 7704); and

•limited liability companies (LLCs) or limited liability partnerships (LLPs) that are treated as partnerships for federal income tax purposes.

Individual partners and shareholders

Individual partners or shareholders are automatically exempt from these estimated tax provisions if they meet one of the following exceptions:

•Estimated tax payments are not required for any partner or shareholder whose estimated tax required to be paid for the tax year by the partnership or New York S corporation is $300 or less.

•Estimated tax payments are not required for any partner or shareholder if the entity is authorized to ile a group return, and the partner or shareholder has elected to be included on the group return.

If you do not meet either of the above exceptions, you may still claim exemption from this estimated tax provision by iling Form IT-2658-E.

You qualify to claim exemption and ile Form IT-2658-E by certifying that you will comply in your individual capacity with all the New York State personal income tax estimated tax and income tax return iling requirements, to the extent that they apply to you, for the years covered by this certiicate.

If, after considering all your individual circumstances, you determine you are not required to pay estimated tax or ile a New York nonresident income tax return, you are considered in compliance with the New York requirements and may ile Form IT-2658-E.

Estimated tax and iling requirements for New York nonresident individuals

Please see Form IT-203-I, Instructions for Form IT-203, Nonresident and Part-Year Resident Income Tax Return, for nonresident individual iling and estimated tax requirements.

You may be subject to penalties if you ile this form and fail to comply with the New York estimated tax and iling requirements in your individual capacity.

How and when to claim exemption from estimated tax

File this certiicate (Form IT-2658-E) with your partnership or New York S corporation as soon as you determine that you qualify. Do not send this certiicate to the Tax Department.

This certiicate expires on February 1, 2010. If you qualify to be exempt from any partnership or New York S corporation estimated tax provisions after that date, you must ile a new Certificate of Exemption with your partnership or New York S corporation.

Revocation of exemption by partner or shareholder

You must notify your partnership or New York S corporation within 10 days from the date you no longer expect to meet the conditions stated on Form IT-2658-E.

Instructions for partnerships and New York S corporations

Keep this certiicate with your records. Do not submit this certiicate to the Tax Department.