This tax must be paid by every utility and vendor of utility services doing business in New York City.
The basic utility tax rate is 2.35% of gross income or gross operating income. However, different rates apply to bus companies and railroads, as shown below:
|BUSINESS TYPE||TAX RATE|
|Utilities||2.35% of gross income|
|Omnibus operators subject to NYS Department of Public Service supervision||1.17% of gross income|
|Railroads||3.52% of gross income|
|Vendors of utility services||2.35% of gross operating income|
|Omnibus operators who are not subject to NYS Dept. of Public Service supervision||1.17% of gross operating income|
|Limited fare omnibus commuter service||.10% of gross income|
|Limited Fare omnibuses that provide other services||1.17% of gross income|
Utility services vendors must pay the UTX and the General Corporation Tax (GCT) or Unincorporated Business Tax (UBT). They are permitted to reduce their business income for GCT by the ratio of gross operating income subject to UTX to total gross operating income.
You may request a refund within three years from the time you filed the Utility Tax return or two years from the time the tax was paid.
Returns are due monthly, by the 25 of each month, covering gross income or gross operating income for the prior calendar month.
Semiannual filings are due on July 25 and January 25 and are permitted if the prior year's tax liability was less than $100,000.
Title 11, Chapter 11 Administrative Code, Enabling Act: Tax Law Section 1201(a) New York City Administrative Code §11-1101(6)