§ 33-02.
RCNY § 33-02
(5)In addition to the income and expense statement, for any year, the Commissioner of Finance may require owners of income-producing property with a tentative actual assessed value at or above an amount determined by the Commissioner to file an addendum to the income and expense statement in a format determined by the Commissioner, containing rent roll information for a period determined by the Commissioner. The addendum will not be required for a property with a tentative actual assessed value of less than $750,000 for the tax year during which filing of the income and expense statement is required. Any addendum required by this paragraph shall be considered to be a part of the income and expense statement and any filing requirement contained in these rules for the income and expense statement shall also be applicable to the addendum.
(d)Other filing requirements.
(1)An owner of income-producing property will not be required to file an income and expense statement if the net lessee of the property files an income and expense statement for the property which contains complete information relating to the operation of the property, i.e., information from all net lessees of the property which reports all income derived from the property. Should both the owner and the net lessee fail to file a properly completed income and expense statement pursuant to 19 RCNY § 33-02(e), then the owner will be subject to the penalties provided in 19 RCNY § 33-03.
(2)Properties for which an income and expense statement is filed by a net lessee will not be included on the list provided to the Tax Commission pursuant to 19 RCNY § 33-03(b).
(3)Owners of income-producing property must file an income and expense statement notwithstanding the fact that the building was vacant for all or part of the calendar or fiscal year preceding the deadline for filing such statement, unless as of the deadline for filing the income and expense statement, the property is vacant due to an impending demolition and has no existing leases.
(4)The owner of a building situated on land that it leases must file an income and expense statement for the building. The owner of land subject to a ground lease must file a separate income and expense statement for the land unless the owner of a building situated on the leased land provides the leasehold rent for the building on his or her income and expense statement.
(6)Owners of residential condominium with commercial and/or professional space, and owners of residential cooperative buildings with more than 2,500 square feet of commercial and/or professional space, must file an income and expense statement, but income and expense information is required only for the commercial and/or professional portion of the property.
(7)If a property for which an income and expense statement is required is owned by either a government entity or a not-for-profit corporation, the income and expense statement may be filed by either the owner or, with respect to any space occupied by a commercial lessee, by such commercial lessee.
(8)With respect to power plants, generators, telecommunication lines and other equipment defined as real property in paragraphs (d), (e), (f) and (i) of subdivision 12 of § 102 of the Real Property Tax Law, other than special franchise property that is assessed pursuant to article 6 of the Real Property Tax Law, in addition to the requirement to file an income expense statement, the owner of such property must also file with the Department of Finance, no later than September 1 each year, a statement that includes a description of the use and the cost of: (i) all such property owned by such owner in the City of New York as of the end of the reporting year; (ii) any such property that was retired during the reporting year; and (iii) any such property that was added to inventory during the reporting year, including any such property the construction of which remained in progress as of the end of the reporting year.
(9)Notwithstanding the provisions of 19 RCNY § 33-01(b)(1)(xv) and 19 RCNY § 33-01(b)(2)(vi), for space in a condominium or cooperative building that represents units that have not been sold and remain owned by the sponsor, the property owner must file an income and expense statement that includes rent roll information in a format determined by the Commissioner of Finance, but this requirement will not apply unless at least ten percent in the aggregate of the total number of units in the condominium or cooperative building remain unsold and remain owned by the sponsor (or if a condominium or cooperative consists of more than one building governed by the same board of managers or directors, at least 10% of the units in the buildings in the aggregate remain unsold and remain owned by the sponsor).
(e)Failure to file.
(ii)In addition to the requirements of subparagraph (i) of this paragraph, owners of properties who claim that they are excluded from the filing requirement, and are required to file a claim of exclusion, must file a claim of exclusion on a form prepared by the Department no later than the June 1 that immediately follows the date on which the owner took title to the property. If the first day of June falls on a Saturday, Sunday or City of New York holiday, the deadline for filing will be the next business day.
(iii)Owners who erroneously claim to be excluded from the filing requirements shall be subject to the penalties set forth in § 11-208.1 of the Administrative Code and 19 RCNY § 33-03 for failure to file an income and expense statement. Owners whose claim of exclusion is approved by the Department must notify the Department of any subsequent change in the physical condition or use of their property which would result in their being required to file an income and expense statement in future years. Failure to notify the Department of Finance of such a change may result in the imposition of penalties for the year(s) in which an income and expense statement was required.
(iv)Owners of property who are required to file a claim of exclusion pursuant to paragraph (3) of subdivision (e) of 19 RCNY § 33-02 who file neither a timely claim of exclusion nor a timely income and expense statement will be subject to the penalties set forth in § 11-208.1 of the Administrative Code and 19 RCNY § 33-03.
(v)The Commissioner may for good cause extend the deadlines provided in subparagraphs (i) and (ii) of this paragraph for filing a claim of exclusion by a period not to exceed thirty days, except that with respect to residential class two properties held in the cooperative or condominium form of ownership, by a period not to exceed sixty days.
(vi)Notwithstanding the submission of a claim of exclusion by an owner, for purposes of 19 RCNY § 33-03, the term "failure to file a claim of exclusion" may include, but not be limited to: (A) failure to file in the electronic format prepared by the Department of Finance, or, in the event that the electronic filing requirement is waived by the Commissioner under paragraph (2) of subdivision (b) of 19 RCNY § 33-02, failure to use the forms prepared by the Department of Finance; (B) failure to submit a claim of exclusion containing the original signature of the owner or owners, or the signature of an agent accompanied by a power of attorney authorization); (C) failure to submit a separate claim of exclusion for each parcel (consolidated claims of exclusion may be submitted only for contiguous condominium lots operated as a single entity); and (D) failure to complete forms in a legible manner.
