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NYS-45-I
New York State Department of Taxation and Finance (9/98)
New York State Department of Labor
Instructions for Form NYS-45, Quarterly Combined Withholding,
Wage Reporting and Unemployment Insurance Return
Obtaining Forms Late Filing
You will be issued Form NYS-45 preprinted with your Returns filed and tax/contributions paid after the due date are
unemployment insurance (UI) employer registration number (seven subject to interest and penalties. Unemployment insurance
digits plus a check digit), withholding tax (WT) identification contributions received more than 60 days after the quarterly due
number (nine or eleven digits plus a check digit) and your legal date cannot be credited to your account for experience rating
name. If you have not received your preprinted forms prior to the purposes and may adversely affect your tax rate in future years
date returns are due, or they have been lost or damaged, you must as well as credit you may be entitled to against the annual
obtain preprinted returns by calling the Tax Department Business federal unemployment tax.
Information Center at 1 800 972-1233. For information, you can Completing Form NYS-45
also call 1 800 225-5829. From areas outside the U.S. and outside
Canada, call (518) 485-6800. The use of preprinted returns This return and related forms are designed to be read by
facilitates accurate processing and crediting of your account. information processing equipment. To assist, please be sure to
send us original form(s) (not photocopies). Boxes are printed
The returns sent to you each quarter are preprinted with the period on the form(s) to guide your entries and to promote accuracy.
covered and due date and must be used only for that quarter's When entering information, please print with a black or blue
reporting. If you need forms for a prior period, you must call the pen or type in the box or space the number (0-9) or letter (A-Z).
Tax Department Business Information Center at 1 800 972-1233 Do not enter dollar sign, comma, decimal point, or any other
and request returns for the quarter needed. punctuation or symbol. Write the number(s) like this:
If you are using a form that does not have your identification
numbers and name preprinted, enter your unemployment insurance
employer registration number and withholding tax identification
number (including check digits, if known) and write your legal
name. Check the box for the quarter and enter the last two digits being careful not to touch any box-line. Any box or space that
of the tax year of the period being filed. does not apply to you should be left blank.
Filing Requirements Amending NYS-45 Information
Employers who are subject to both unemployment insurance To amend a previously filed Form NYS-45, complete Form
contributions and withholding tax must file Form NYS-45, NYS-45-X, Amended Quarterly Combined Withholding, Wage
completing Parts A, B and C each quarter. Employers subject to Reporting and Unemployment Insurance Return. (To obtain
unemployment insurance contributions only must complete Part A amended forms, see Obtaining Forms.)
and Part C, columns (a), (b) and (c). Employers subject to
withholding tax only must complete Part B for each quarter and Number of Employees
Part C, columns (a), (b), (d) and (e), on the final quarterly return
filed for the calendar year. For each of the 3 months of the calendar quarter being reported,
enter the number of full-time and part-time workers in covered
Form NYS-45 is due the last day of the month following the end of employment who worked during or received pay for the pay
the quarter as follows: period which includes the 12th day of the month. (Unless
specifically excluded, all employment performed for a liable
Quarter Due Date employer is covered, with employee wages subject to UI
contribution.) The employment entries should not reflect the
January 1 to March 31 April 30 number of paychecks issued nor should the entries be a
cumulative sum of all workers employed during the month. If
April 1 to June 30 July 31 there is no employment in the payroll period, enter zero.
Seasonal Employers
July 1 to September 30 October 31 If, due to the seasonal nature of your business, there is at least
one quarter of the calendar year in which you do not make any
October 1 to December 31 January 31 wage payments subject to income tax withholding and
unemployment insurance contributions, you are eligible for
However, the fourth quarter wage reporting and annual employee seasonal employer status.
wage and withholding information may be filed on or before To obtain seasonal employer status, you must file a Form
February 28. If you elect to file this information after the Form NYS-45 with the seasonal employer box checked. Thereafter,
NYS-45 due date of January 31, you must report it on separate you are not required to file Form NYS-45 for quarters during
Form NYS-45-ATT(s) or on magnetic media. the year in which you paid no wages subject to unemployment
insurance and withholding. However, you must check the box
When the due date falls on a Saturday, Sunday or legal holiday, on every return you are required to file or you will lose your
you are permitted to file on the next business day. seasonal status and be subject to penalties for not filing a return
for a subsequent quarter in the same calendar year.
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Part A - Unemployment Insurance (UI) Information * Note: Some payments listed above as exclusions are
taxable under the Federal Unemployment Tax Act (FUTA) and
Part A is used to report quarterly unemployment insurance must be reported to New York if you are subject to FUTA.
information and UI amounts due. Employers liable for taxes under FUTA are required to report
Multi-Locations of Employment - An employer who operates to New York student wages, dismissal payments and the first
more than one establishment in New York State may be requested six months of sick or accident payments (excluding
to submit a Multiple Worksite Report (Form BLS 3020) listing occupationally related payments made under a State’s Workers’
payroll data by industry and place of employment. If you are a Compensation Law) to the same extent that these items are
multi-location employer with 10 or more employees in secondary reportable under FUTA. If the rate shown on line 4 is 5.400%
locations and you have not received Form BLS 3020, it should be or less, these payments may be reported under Total
requested from the New York State Department of Labor, Division Remuneration on line 1 each quarter or annually on Form IA7.
of Research & Statistics, Room 408, Governor W A Harriman If the rate shown on line 4 is higher than 5.400%, it would be to
State Office Building Campus, Albany, New York 12240. your advantage to report these payments annually on Form
IA7A. These forms must be filed by January 31 following the
Reimbursement Option for Certain Employers - Nonprofit and calendar year in which the payments are made. If these forms
governmental employers who have elected the option of are not received, you may obtain either from the Department of
reimbursement of benefits paid to former employees, rather than Labor’s Liability and Determination Section.
paying quarterly UI contributions, must complete Form NYS-45
to include these items: number of employees; Part A, line 1; Parts Nonprofit organizations and governmental entities are not
B and C; and signature. Please do not enter any number or mark subject to FUTA and are not required to file Form IA7 or
in Part A lines 2, 3, or 4. These lines are used by employers who IA7A. However, they must include student wages in Part A of
pay quarterly UI contributions. If you have questions about the the quarterly NYS-45.
reimbursement option, call (518) 457-5807. Wages - Effective January 1, 1999, wages means the first
Remuneration - Includes salaries, cash wages, tips, commissions, $8,500 of remuneration paid to each employee by each
bonuses and the reasonable value of board, rent, housing, lodging employer during the calendar year (the first $7,000 applies
or similar advantage. Payments to corporate officers for services prior to 1999).
rendered are remuneration regardless of their stock ownership and Line 1 - Enter the total of all remuneration paid to all
regardless of how such payments are treated under sub-chapter S employees during this quarter (full or part-time, permanent or
of the Internal Revenue Code or any other tax law. Remuneration casual) including amounts in excess of $8,500 per year. If no
is considered paid on the date such payment is made. remuneration was paid this quarter, enter zero.
The following payments are excluded from remuneration: Line 2 - Determine for each employee who received
remuneration of more than $8,500 from the beginning of the
* 1. Payments made under a plan or system providing for year through the end of the quarter being reported, the amount
retirement, sickness, or accident disability for an employee or of excess remuneration paid during this quarter. Add all such
an employee's dependent. excess amounts and enter here. In no case may the figure
exceed the amount entered in line 1. If you acquired a
2. Payments made by an employer, without payroll deductions, business, you should consider remuneration paid to employees
of taxes required from employees under the Social Security by the predecessor in arriving at the $8,500 excess amount.
Act. Also, consider in the excess, remuneration paid to an employee
3. Insurance or annuity payments to an employee for retirement. that was reported to another state (concerning an employee
transfer into New York from another state).
4. Payments to a sick or disabled employee after six complete
calendar months following the month in which the employee To compute the amount of excess wages for each individual
last worked. employee, use the following worksheet:
5. Payments from or to a trust described in Section 401(a) of the A. Taxable wage base: A. $8,500
federal Internal Revenue Code that is exempt from tax under B. Enter total wages paid to employee in prior
Section 501(a) of such code. quarter(s) of this same calendar year: B. _______
6. Payments made to an employee, except vacation or sick pay, If this is the first quarter of year or if the
beginning with the month following the 65th birthday, for any employee never received wages in prior
period in which the employee did not actually work. quarter(s), enter "0."
7. Payments to an individual proprietor's spouse or child under C. Subtract line B from line A, enter difference: C. _______
age 21 (the spouse or child of a partner is not excluded). If difference is zero or less, all wages paid to
* 8. Dismissal payments (does not apply to earned vacation this employee this quarter are excess wages
payments). and must be included in the total excess wages
entered on Form NYS-45, line 2. If difference
* 9. Compensation paid to daytime students in elementary and is greater than zero, continue to line D of this
secondary schools who work for other than nonprofit worksheet.
organizations or governmental entities. This includes D. Enter wages paid to employee this quarter: D. _______
payments for working during vacation periods and holidays.
E. Enter amount from line C, above: E. _______
10. For household employers - payments to babysitters under 18
years of age. F. Subtract line E from line D, enter difference: F. _______
11. Payments by certain organized camps for services of a student If the difference is zero or less, no wages paid to this employee
who is enrolled full-time in an educational institution. this quarter are excess wages and none should be included in
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the total excess wages entered on Form NYS-45, line 2. If the applied to these liabilities and any balance refunded to you). To
difference is greater than zero, include the difference in the total request a credit to next quarter's withholding tax, check box
excess wages entered on Form NYS-45, line 2. Ensure that the 20b.If a withholding tax overpayment is the result of reduced
differences for all employees are included in the total on Form NYS-1 liabilities, you must also complete Part D. An
NYS-45, line 2. overpayment of withholding tax cannot be applied to UI
amounts due.
Line 3 - Subtract line 2 from line 1 and enter difference.
Line 21 - Add lines 9 and 19 to calculate Total payment due.
Line 4 - Multiply the wages in line 3 by your tax rate to calculate Please make check payable to NYS Employment Taxes.
UI contributions due. No part of these UI contributions may be
deducted from workers’ remuneration. If your tax rate is not
shown and you do not know it, the rate may be obtained by Part C - Employee Wage and Withholding
contacting the Unemployment Insurance Division at (518) Information
457-2169. Please have your eight-digit employer registration
number available when calling. Part C is used to report quarterly employee wage reporting
information and employee/payee annual wage and withholding
Line 5 - Multiply the wages in line 3 by .00075 to calculate totals. Every employer liable for New York State
reemployment service fund contributions due and enter amount. unemployment insurance contributions or for payments in lieu
Each employer liable for UI contributions must also make a of such contributions must report the total gross wages (defined
quarterly contribution to this fund. It is a New York State fund and as remuneration in the UI law) paid to each employee each
amounts paid to it cannot be used as a credit for FUTA. quarter. Employers paying wages or other payments subject to
New York State withholding must report the annual total gross
Line 6 - An amount printed here shows an underpayment wages subject to withholding and the total withheld for each
(including interest) as of the date noted. If payment has been person employed during the year on the last return filed for the
made or additional amounts are due (including interest), substitute calendar year.
the correct underpaid amount, if any.
Use Part C only if you are reporting five or fewer employees. If
Line 7 - Add the amounts in lines 4,5,and 6 and enter sum. you are reporting more than five employees, make no entries in
Line 8 - If you have previously overpaid your unemployment Part C; all employees must be reported on Form NYS-45-ATT.
insurance, enter the amount overpaid. If you are reporting other wages (see Employers Guide for more
information), they must be reported on a separate Form
Line 9 - If line 7 is greater than line 8, enter difference; this is the NYS-45-ATT. However, if you were required to report 250 or
balance due for Unemployment Insurance. more employees for the previous four consecutive quarters, you
Line 10 -If line 8 is greater than line 7, enter difference. This is must use magnetic media. Employers are encouraged to report
the balance of your Unemployment Insurance overpayment. using magnetic media. (See Publication 69, Magnetic Media
Check box 11 to apply the overpayment to outstanding liabilities Reporting of Quarterly Combined Wage and Withholding Tax
and/or refund. An overpayment of UI cannot be applied to WT Information. See Obtaining Forms on the front page.)
amounts due. Other wages include earnings such as dismissal or severance
payments and the first six months of sick pay benefits.
Part B - Withholding Tax (WT) Information
Part B is used to reconcile your withholding tax payments for the Employers providing construction services (except owners of
quarter. one and two family homes) must complete Form NYS-45-CC,
Quarterly Supplemental Wage Reporting Return to be
Line 12 - enter the total New York State tax withheld for the entire Submitted by Construction Companies. Employers identified by
quarter. the Standard Industrial Classification code of “Construction”
(codes 1500 - 1700) have had Form NYS-45-CC included in
Line 13 - enter the total New York City tax withheld for the entire this mailing. If you are involved in construction and did not
quarter. receive this return, please see Obtaining Forms on the first
Line 14 - enter the total Yonkers tax withheld for the entire page.
quarter. Quarterly Employee Wage Reporting Information - You are
Line 15 - enter the total taxes withheld for the entire quarter, add required to report quarterly remuneration paid to each
lines 12, 13 and 14. employee.
Line 16 - If in the previous calendar quarter you had a withholding Column (a) - enter the social security number for each
overpayment and you checked box 20b on last quarter’s NYS-45, employee/payee.
enter the overpayment amount here. Column (b) - enter the name of each employee/payee, listing
Line 17 - enter the sum of all payments remitted with Forms the last name followed by a comma, a space, the first name, a
NYS-1 for payrolls during the quarter. space and the middle initial.
Line 18 - enter the sum of lines 16 and 17. Column (c) - enter the UI total remuneration/gross wages paid
to each employee this quarter. Include all wages paid this
Line 19 - if line 15 is more than line 18, enter the difference on quarter prior to any deductions and without regard to the $8,500
line 19; this is the total withholding tax amount due for this UI taxable wage base. You may report dollars and cents or
quarter. round to whole dollars; however, you must be consistent for all
employees. Calculate and enter the total in the boxes at the
Line 20 - if line 18 is more than line 15, enter the difference on bottom of the column. The grand total must equal Part A, line
line 20; this is the total withholding tax overpaid for this quarter. 1, total remuneration paid this quarter (except IA7/IA7A annual
To request a refund of this overpayment, check box 20a (If you report filers). Due to the provisions of the Federal
have outstanding liabilities, amounts to be refunded will first be Unemployment Tax Act (FUTA), special rules apply to certain
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types of payments. Employers who are liable under FUTA must paying wages. A business sale or transfer should be reported in
include, on a separate Form NYS-45-ATT, payments of severance item 24.
pay and the first six months of sick pay. Identify the separate Form
NYS-45-ATT by checking box A Other wages in the top portion Report other changes using the appropriate Change of Business
of the form. Information form(s). For changes in ownership, business name,
federal identification number, etc., complete Form DTF-95. To
Nonprofit organizations, governmental entities and other report changes that affect your unemployment insurance
employers not liable under FUTA are not required to report account, call (518) 485-8589.
severance pay and the first six months of sick pay. All employers
that pay wages to daytime students in elementary and secondary Signature – After your return has been completed, you must
schools should report the wage payments as regular gross wages on sign in the area provided on the bottom of the front of the
Form NYS-45-ATT. return.
Annual Wage and Withholding Totals - you are required to This return must be signed by: the individual if the employer is
report the annual total wages subject to withholding and the annual an individual owner; the president, treasurer or other principal
total amount withheld for every employee you had during the year officer if the employer is a corporation; a responsible and duly
on the last quarterly return filed for the calendar year. This is authorized member having knowledge of a firm's affairs if the
usually the fourth quarter return, but may be an earlier quarter if employer is a partnership or other unincorporated organization;
you permanently ceased paying wages subject to withholding or or a responsible and duly authorized governmental official,
you are a seasonal employer who doesn't file a fourth quarter where appropriate. The signature certifies that the information
return. contained in this return is true and correct, and that the
remuneration reported represents all remuneration paid during
this calendar quarter for employment covered by the law.
If both wages and other wages are paid to the same employee
during the year, the sum of wages and other wages and the total If you use a payroll service or a paid preparer, the section on
withheld from both must be reported on the page with wages only the bottom of the back of the return must be completed by the
(not on Form NYS-45-ATT reporting other wages). payroll service or preparer.
Column (d) - enter the total, before any allocation of gross wages Privacy Notification
(or other payments) subject to withholding paid to every individual The right of the Commissioner of Taxation and Finance and the
employed at any time during the year. Except for governmental Department of Taxation and Finance to collect and maintain personal
employers, this amount is the same as federal taxable wages from information, including mandatory disclosure of social security
Form W-2. You may report dollars and cents or round to whole numbers in the manner required by tax regulations, instructions and
dollars; however, you must be consistent for all employees. forms, is found in Articles 22,26, 26-A, 26-B, 30, 30-A and 30-B of
the Tax Law, Article 2-E of the General City Law and 42 USC
Column (e) - enter the total amount of New York State, New York 405(c)(2)(C)(i).
City and Yonkers tax withheld for every individual employed at
any time during the year. You may report dollars and cents or The Tax Department will use this information primarily to determine
round to whole dollars; however, you must be consistent for all and administer tax liabilities due the state and city of New York and
the city of Yonkers. We will also use this information for certain tax
employees. offset and exchange of tax information programs authorized by law,
and for any other purpose authorized by law.
Part D - NYS-1 Corrections/Additions Information concerning quarterly wages paid to employees and
Part D is used to correct withholding information reported on identified by unique random identifying code numbers to preserve the
NYS-1 forms originally filed for this quarter and to report filing privacy of the employees' names and social security numbers will be
provided to certain state agencies for research purposes to evaluate
periods for which NYS-1's were required but not filed. the effectiveness of certain employment and training programs.
If you are correcting Form NYS-1 filed for this quarter, enter the Failure to provide the required information may result in civil or
last payroll date and the total withheld as reported on the original criminal penalties, or both under the Tax Law.
NYS-1 in the original columns (a) and (b) and the correct last
payroll date and total withheld in the correct columns (c) and (d). This information will be maintained by the Director of the Data
This information will generally be needed to support a request for Management Services Bureau, NYS Tax Department, Building 8
Room 924, W A Harriman Campus, Albany NY 12227; telephone
refund or credit. 1 800 972-1233; from areas outside the U.S. and outside Canada, call
If you are reporting a filing period for which Form NYS-1 was (518) 485-6800.
required but not filed, enter the last payroll date and total withheld Private Delivery Services
in the correct columns only (columns (c) and (d)).
The date recorded or marked by certain private delivery
Part E - Change of Business Information services, as designated by the U.S. Secretary of the Treasury or
Part E is used to report certain changes of business information. the Commissioner of Taxation and Finance, will be treated as a
If you wish to change the address at which you want to receive postmark, and that date will be considered to be the date of
this form (NYS-45), enter the new address in the space provided in delivery in determining whether your return was filed on time.
item 22. If the address you are entering is your paid preparer or (Designated delivery services are listed in Publication 55,
payroll service, check the box below the address entry area. Designated Private Delivery Services. To order this
publication call 1 800 462-8100.) If you use any private
On the last return filed for any employer who permanently delivery service, address your return to: The Chase Manhattan
discontinues business or permanently ceases paying wages, the Bank, NYS Government Tax Processing, 12 Corporate
employer must indicate that it is the final return by entering the Woods Blvd. 4th Floor, Albany NY 12211.
date of the final payroll on line 23. A final NYS-45 must be filed
within 30 days of the date on which you permanently ceased
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