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New York field guide / 21 / Tax & timing

NYC Unincorporated Business Tax (UBT) for LLCs: 4% Rate, $95,000 Filing Test, Credit, Payment and Penalties (2026)

01 / Quick answer

NYC Admin. Code Title 11 Ch. 5 · 4% rate · file if gross income is more than $95,000 before costs · March 15 (NYC-204) / April 15 (NYC-202) for calendar years. A credit can reduce the tax to $0 without removing the filing duty.

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Last reviewed: October 30, 2026

Corp USA is not a law firm and does not provide legal advice. Private information and filing service; not a government agency. Not tax advice.

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02 / Follow the decisions

Start with the right question.

Who falls under UBT

UBT covers individuals and unincorporated entities doing business wholly or partly in NYC. Partnerships and disregarded single-member LLCs owned by individuals fall here; NYC Finance Memorandum 99-1 addresses those SMLLCs. LLCs taxed as corporations, including S-corps, instead fall under GCT or BCT.

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How UBT is calculated: a five-step ladder

1. Test total gross income from all business, wherever carried on, before cost of goods sold or services: filing starts above $95,000. 2. Determine net income from NYC business, allocated if business is partly outside NYC. 3. Subtract the $5,000 exemption. 4. Multiply taxable income by 4%. 5. Subtract the business tax credit.

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One exemption, including short years

The $5,000 exemption applies once per taxpayer across all businesses. For a short year it is prorated at $13.70 per day or $416.67 per month.

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The business tax credit, exactly

Tax at or below $3,400 is fully credited. At $5,400 or above, no credit applies. Between those amounts, credit = tax × ($5,400 − tax) ÷ $2,000. $3,400 ÷ 4% = $85,000 taxable income; adding the $5,000 exemption gives $90,000 net income before other allowances.

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Three worked credit examples

$2,000 tax: $2,000 credit, $0 due. $4,400 tax: $4,400 × ($5,400 − $4,400) ÷ $2,000 = $2,200 credit, leaving $2,200 due. $6,000 tax: $0 credit, $6,000 due.

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Returns, extensions and estimated tax

NYC-202 covers individuals, including disregarded SMLLC owners; NYC-202S is a simplified version. NYC-204 covers partnerships, including multi-member LLCs. Calendar-year dates are March 15 for NYC-204 and April 15 for NYC-202. NYC-EXT gives an automatic six-month filing extension if filed by the due date, not a payment extension. Estimated tax expected to exceed $3,400 uses NYC-5UBTI for individuals or NYC-5UB for partnerships; underpayment penalties are computed on NYC-221.

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Paying UBT

File and pay through NYC Business Tax e-Services. E-check or EFT carries no fee; card payments carry a 2% fee.

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Common trap: confusing gross income with profit

The $95,000 test is gross income before costs, not profit. A credit that brings tax to $0 does not remove filing when gross income exceeds $95,000.

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Common trap: electing S-corp without modeling city tax

Do not treat an S election as a way to avoid UBT without comparing GCT and payroll. Ask your CPA and review the CT-6 guide.

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Common trap: paying after the extended date

NYC-EXT extends filing only. Payment remains due on the original due date.

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03 / Before you proceed

Your preparation checklist

  1. 1.Identify the LLC tax classification and correct NYC return.
  2. 2.Check all-business gross income before costs against the more-than-$95,000 filing test.
  3. 3.Determine NYC net income, allocated where needed, and the single $5,000 exemption.
  4. 4.Calculate 4% tax and the applicable business tax credit.
  5. 5.Calendar the return and original payment due date; use NYC-EXT only for filing time.
  6. 6.Review estimated tax if expected tax exceeds $3,400.
  7. 7.File and pay through NYC Business Tax e-Services; ask your CPA about elections.
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04 / Your decision tool

New York tax comparison

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05 / Facts & fees

Keep the requirements separate.

Choose the correct filing or tax form
Your LLC is taxed asNYC taxForm
Disregarded single-member LLC, individual ownerUBTNYC-202 (or NYC-202S)
Partnership, 2+ membersUBTNYC-204
S-corp, federal + CT-6GCTSee GCT guide
C-corpBusiness Corporation TaxNot covered here
Paying and penalties
ItemRule
E-check / EFTNo fee
Card payment2% fee
Late filing5% per month or part, maximum 25%
Over 60 days lateMinimum: lesser of $100 or tax due
Late payment0.5% per month, maximum 25%, plus interest
NYC-EXTAutomatic 6 months for filing, not payment
Estimated taxExpected tax above $3,400; NYC-5UBTI / NYC-5UB
Underpayment penaltyComputed on NYC-221
06 / Your next path

Carry the decision forward.

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Corp USA is not a law firm and does not provide legal advice. State fees are pass-through. Service fees and taxes are separate. Review the order price before payment.

07 / Questions answered

Before your next step

For UBT, an LLC taxed as a partnership or a disregarded single-member LLC owned by an individual is an unincorporated business. LLCs taxed as corporations fall under GCT or BCT instead.

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The rate is 4% of taxable income.

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Yes, if total gross income from all business before costs exceeds $95,000.

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Yes, through NYC Business Tax e-Services. E-check/EFT has no fee; card payments have a 2% fee.

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Late filing is 5% per month or part of a month, up to 25%. After more than 60 days, the minimum is the lesser of $100 or the tax due. Late payment is 0.5% per month, up to 25%, plus interest.

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A partial resident credit for UBT exists on the personal return. See the NYC Finance UBT page; ask your CPA about your return.

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Sources

Last reviewed: October 30, 2026

Corp USA is not a law firm and does not provide legal advice. Not a government agency. Not tax advice.