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Act by April 30, 2013: New York Partnerships and Self-Employed Individuals Deadline for Filing a Protective Claim



As a partnership or self-employed individual taxpayer, the deadline to file a protective claim for a refund for initial Metropolitan Commuter Transportation Mobility Tax payments is April 30, 2013. This deadline applies to payments made on or before November 2, 2009 (subject to an extension granted for Hurricane Sandy).


In August 2012, the New York State Supreme Court declared the Metropolitan Commuter Transportation Mobility Tax (MCTMT) unconstitutional. The State of New York and the Metropolitan Transit Authority are appealing the decision. In October 2012, the New York Department of Taxation and Finance released procedures describing how affected taxpayers could file protective claims for refund, pending the result of the appeal.

The April 30, 2013 filing deadline only applies to partnerships and individuals affected by MCTMT. For employers (corporations), the deadline for the initial filing period was November 2, 2012 with an extension to November 26, 2012 granted to employers directly affected by Hurricane Sandy. Employers who did not file in November, should file protective claims immediately to protect any filing periods still open.

Once a protective claim has been filed, the claim applies to all prior filing periods that are within the statute of limitations and any future filing periods. If you have already filed your claim, you do not need to file another one.

For more information on protective claim filings contact:

  • Corey Rosenthal, Director, State and Local Tax Services, at 646-625-5729
  • Patrick Duffany, Partner and State and Local Tax – Practice Leader, at 860-368-3607

To learn more about CohnReznick’s state and local tax services, visit our webpage.

Circular 230 Notice: In compliance with U.S. Treasury Regulations, the information included herein (or in any attachment) is not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of i) avoiding penalties the IRS and others may impose on the taxpayer or ii) promoting, marketing, or recommending to another party any tax related matters.

This has been prepared for information purposes and general guidance only and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is made as to the accuracy or completeness of the information contained in this publication, and CohnReznick LLP, its members, employees and agents accept no liability, and disclaim all responsibility, for the consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.


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