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Tax shelter reporting and disclosure requirements

Taxpayers and material advisors who are required to report their tax shelter activity to the IRS must also report that activity to New York State. New York State’s reporting requirements for transactions that present the potential for tax avoidance (tax shelters) are similar to federal tax shelter disclosure requirements. In addition, New York State requires the disclosure of New York reportable transactions, as designated by published guidance (such as TSB-Ms and N-Notices).

Penalties apply for nondisclosure and underpayment of taxes related to participation in these transactions. The statute of limitations is extended for assessments relating to these transactions.

For more information, see our regulations, TSB-Ms, and FAQs.

 

    Voluntary compliance initiative (Nov. 2008 – Jan. 2009)
New York State also has a voluntary compliance initiative for tax shelter activity. If you participate, the Tax Department may waive certain penalties and will not seek civil, administrative, or criminal action.

To be eligible you must, between November 1, 2008, and January 31, 2009, report and pay any underreported tax liability, interest, and applicable penalties related to tax shelter activities. You can choose to participate either with, or without, appeal rights.

For more information, see Pub-672, New York State Tax Shelter Voluntary Compliance Initiative.
 

Forms

DTF-672, Election to Participate in the Tax Shelter Voluntary Compliance Initiative
 

DTF-672-I, Instructions for Form 672
 

DTF-686, Tax Shelter Reportable Transactions - Attachment to New York State Return
  

DTF-686-I, Instructions for Form DTF-686
 

DTF-686-ATT, New York Reportable Transaction Disclosure Statement and Request for Determination
  

DTF-686-ATT-I, Instructions for Form DTF-686-ATT-I
  

DTF-664, Tax Shelter Disclosure for Material Advisors
 
Technical bulletins

TSB-M-08(9)C, 4(I) Extension of Tax Shelter Provisions
   

TSB-M-08(3)I Summary of Budget Bill Personal Income Tax Changes Enacted in 2008
   

TSB-M-07(05)C, 5(I) Notification of New York Listed Transaction - Certain Charitable Contribution Deductions
   

TSB-M-07(04)C, 4(I) Amendments to the Procedural Regulations Relating to New York Reportable Transactions
   

TSB-M-07(01)C, Additional Supplement to the Disclosure of Certain Transactions and Related Information Regarding Tax Shelters
   

TSB-M-05(2.2)C, (4.2)I Additional Supplement to the Disclosure of Certain Transactions and Related Information Regarding Tax Shelters
       

TSB-M-05(2)C,4(I) Disclosure of Certain Transactions and Related Information Regarding Tax Shelters    
       
IRS information

Regulations on Abusive Tax Shelters and Transactions
   

Abusive Tax Shelters and Transactions
   
Contact information

Individuals
   

Businesses

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Last Modified:  August 28, 2008