NYC Commercial Rent Tax: Who Pays, the 3.9% Rate and the Credit

Manhattan tenants below 96th Street pay NYC’s Commercial Rent Tax on rent of $250,000 or more. The 3.9% effective rate, the small business credit, deadlines.

By Seayora Editorial Team · Published · Facts checked · 2 min read

Short answer: New York City’s Commercial Rent Tax applies to tenants who rent commercial space in Manhattan south of the center line of 96th Street and pay annual or annualized base rent of $250,000 or more. The tax is 6% of base rent after a 35% reduction, an effective 3.9%. A small business credit removes it entirely for tenants with total income of $5 million or less and base rent under $500,000, and reduces it on a sliding scale up to $10 million of income and $550,000 of rent.

Key takeaways

  • Only space in Manhattan south of the center line of 96th Street is covered.
  • The tax is 6% of base rent after a 35% reduction, or 3.9% of the rent paid.
  • Tenants with total income of $5 million or less and base rent under $500,000 get a full credit.
  • Annual returns are due June 20 for the year from June 1 to May 31; tenants paying more than $200,000 in rent must generally file.

Who pays the Commercial Rent Tax?

Tenants who use commercial space in Manhattan south of the center line of 96th Street and pay annual or annualized gross rent of at least $250,000 (NYC Department of Finance: Commercial Rent Tax). It is a tax on the tenant, not the landlord, although commercial leases often say how the tax and the rent interact. Space in the other four boroughs and in Manhattan from 96th Street north is not covered.

How is it calculated?

The statutory rate is 6% of base rent, but base rent is first reduced by 35%, which makes the effective rate 3.9% of the rent paid. A tenant paying $600,000 a year in base rent with total income above $10 million would owe $600,000 × 65% × 6% = $23,400, the same as 3.9% of $600,000.

What is the small business credit?

Commercial Rent Tax small business credit (NYC Department of Finance).
Tenant’s total incomeBase rent before the reductionResult
$5 million or lessUnder $500,000Full credit, effectively no tax
Over $5 million but under $10 millionOver $500,000 but under $550,000Partial credit on a sliding scale
$10 million or moreAnyNo credit
Any$550,000 or moreNo credit

Who must file, and when?

  • Tenants with annual gross rent above $200,000 must generally file an annual return, even if a credit means no tax is due; tenants at or below $200,000 generally do not, unless a subtenant’s rent also exceeds that amount.
  • The annual return covers June 1 to May 31 and is due June 20.
  • Quarterly returns are due September 20, December 20 and March 20.

What should a landlord or tenant check in a lease?

Whether the space is south of 96th Street, how additional rent such as tax and operating escalations counts toward base rent, and whether a subtenant’s rent is involved. A tenant close to the $250,000 or $500,000 lines should model the tax before signing a renewal at a higher rent.

Frequently asked questions

Does the NYC Commercial Rent Tax apply in Brooklyn?

No. It applies only to commercial space in Manhattan south of the center line of 96th Street.

What is the effective rate of the Commercial Rent Tax?

3.9% of base rent: the 6% rate applied after a 35% reduction in base rent.

Do small businesses pay the Commercial Rent Tax?

Tenants with total income of $5 million or less and base rent under $500,000 receive a full credit, so they owe no tax, though they may still need to file.

Sources

  1. Commercial Rent Tax (CRT), NYC Department of Finance

How Seayora helps

Property management accounting: Bill and track commercial rent and escalations by lease, building by building.

This article is general information, not tax advice. Tax rules change and your situation is your own, so confirm the treatment with a CPA or enrolled agent before you file.

How we write and check these guides: editorial standards.

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