Annual Filing.
19 RCNY § 33-02
in effect§ 33-02 Annual Filing.
(a) Deadlines.
(1) Owners of income-producing property must file with the Department of Finance an income and expense statement no later than the first day of June of each year. 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. A separate income and expense statement must be filed for each parcel of income-producing property, except that a consolidated income and expense statement may be filed for one or more tax lots that are:
(i) operated together as an economic unit or are otherwise related for purposes of valuation; and
(ii) are under common ownership; and
(iii) are contiguous or within the same tax block or within adjacent tax blocks; and
(iv) are located within the same borough of the City.
(2) The Commissioner of Finance may for good cause extend the deadline contained in paragraph (1) of this subdivision (a) for filing an income and expense statement 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.
(b) Electronic filing.
(1) Income and expense statements or, where required, claims of exclusion must be submitted electronically in the format prepared by the Department of Finance and located on the Department of Finance Internet website and in accordance with the instructions for submission of the income and expense statement found on the website.
(2) Request for waiver of electronic filing requirement. The Commissioner may, for good cause, waive the requirement that the income and expense statement or, where required, claim of exclusion be filed electronically and permit the income and expense statement or, where required, claim of exclusion to be filed by means of a paper form. A request for waiver of the electronic filing requirement must be made in writing no later than thirty days prior to the deadline for filing an income and expense statement or, where required, claim of exclusion. Any filing in paper format must be filed with the New York City Department of Finance at such address as may be designated by the Department.
(3) In the discretion of the Commissioner of Finance, if the New York City Tax Commission accepted an electronic filing of an income and expense statement as part of an application for correction of assessment for a property for the year for which an income and expense statement must be filed with the Department of Finance for such property, the electronic filing with the Tax Commission may satisfy either all or part of the requirements for the filing of an income and expense statement as determined by the Commissioner.
(c) Presentation of data.
(1) Owners of income-producing property who maintain their books and records on a calendar year basis shall file an income and expense statement containing information for the calendar year that immediately precedes the deadline for filing such statements.
(2) Owners of income-producing property who maintain their books and records on a fiscal year basis shall file an income and expense statement containing information for the last fiscal year concluding before the first day of May immediately preceding the deadline for filing such statements.
(3) Owners of income-producing property shall file an income and expense statement which indicates whether they maintain their books and records using the cash or accrual method of accounting.
(4) Where the owner of the property has not owned the property and is without knowledge of the income and expenses of the operation of the property for the entire year for which the income and expense statement is required, then an income and expense statement will not be required for such year. However, the owner may be required to file a claim of exclusion pursuant to paragraph (3) of subdivision (e) of 19 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.
(5) Property leased by a subsidiary from a parent corporation is not considered owner-occupied for purposes of 19 RCNY § 33-01(b)(2)(iv) unless the subsidiary is wholly (100 percent) owned by the parent corporation. If a subsidiary is not wholly (100 percent) owned by the parent corporation, the parent corporation must file an income and expense statement for property leased to the subsidiary.
(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, railroads and other equipment defined as real property in paragraphs (c), (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 the items described in section 19 RCNY § 33-01(c) in accordance with the provisions of this chapter, the owner of such property must also file with the Department of Finance, no later than June 1 each year, a statement that constitutes a component of an income expense statement and includes:
(i) a description of the use and the cost of:
(A) all such property owned by such owner in the City of New York as of the end of the reporting year;
(B) any such property that was retired during the reporting year; and
(C) any such property that was added to or removed from inventory during the reporting year, including any such property the construction of which remained in progress as of the end of the reporting year.
(ii) with respect to property that was acquired or disposed of in the preceding year, the person from whom such property was acquired or to whom such property was disposed, as applicable; and
(iii) the address or other information sufficient to identify the location of any property reported pursuant to clauses (A) and (C) of subparagraph (i) of paragraph (8) of this subdivision in a format determined by DOF.
(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.
(1) The failure of an owner of income-producing property to submit a form RPIE by the filing deadline shall subject the owner to the penalties provided in 19 RCNY § 33-03.
(2) Notwithstanding the submission of a form RPIE by an owner, for purposes of 19 RCNY § 33-03, the term "failure to file an income and expense statement" may include, but not be limited to:
(i) 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 19 RCNY § 33-02(b)(2), failure to use the forms prepared by the Department of Finance;
(ii) failure to submit a separate income and expense statement for each parcel (consolidated statements may be submitted only for contiguous condominium lots operated as a single entity);
(iii) failure to complete forms in a legible manner;
(iv) failure to submit an addendum, when required under 19 RCNY § 33-02(c)(5);
(v) failure to file a substantially complete and accurate income and expense statement which shall include but shall not be limited to:
(A) failure to provide data for the appropriate accounting period; and
(B) failure to provide a complete and accurate and itemized list of income and expense data;
(vi) if the electronic filing requirement is waived by the Commissioner under 19 RCNY § 33-02(b)(2), failure to use the forms prepared by the Department of Finance, or failure to submit an income and expense statement containing the original signature of the owner(s) (the signature of an agent is not acceptable unless a power of attorney is attached to the statement); or
(vii) failure to submit a statement required by 19 RCNY § 33-02(d)(8).
(3) (i) Owners of property who contend that they are excluded from the filing requirement based on any provision of paragraph (2) of subdivision (b) of 19 RCNY § 33-01, other than subparagraphs (i), (ii), (iii) or (vii) of such paragraph (2), must file with the Department of Finance a claim of exclusion on a form prepared by the Department, no later than the first day of June each year for as long as the owner claims that the property is excluded from the filing requirement. 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.
(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.
(Amended City Record 7/22/2026, eff. 8/21/2026*)
* Editor's note: Section 9 of the rule set forth in City Record 7/22/2026 provides that the rule applies to filings made pursuant to 19 RCNY Chapter 33 after January 1, 2027.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-156499Fetched: 10/24/2026