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DTF-664 (2012) (back)

When to file

Aggregate material advisor’s fees — Enter the aggregate amount

of fees that may be received by organizers of the tax shelter and any

Form DTF-664 and the accompanying duplicate statement or return

person related to such person under IRC sections 267 and 707. For

must be filed with the Commissioner of Taxation and Finance by

this purpose, the fees from all substantially similar transactions are

whichever of the following dates occurs last:

considered part of the same tax shelter and must be aggregated. The

• 60 days from the date required for filing the statement or return with

fees include all consideration such persons may receive, including

the IRS,

contingent fees, equity interests, and fees for other transactions

received as consideration for promoting the tax shelter.

• 60 days from the date that any of the conditions (A, B, C, or D)

described under Who must file first applies; or

Tax shelter information

• September 9, 2005.

Type of business organization — Mark an X in the box that describes

the tax shelter organization or structure. If you mark an X in the Other

Where to File

box, specify the type of organization or structure in the space provided.

Mail Form DTF-664 and a copy of federal Form 8918 to:

NAICS business code number — Enter the six-digit code for the

NYS TAX DEPARTMENT

principal business activity of the tax shelter as reported on the federal

TAX SHELTER DISCLOSURE

return filed by the tax shelter.

PO BOX 22104

If more than one federal Form 8918 is attached, include a listing

ALBANY NY 12201-2104

showing type of business organization and NAICS business code

number for each tax shelter that is being disclosed.

If you are using a private delivery service, see Private delivery services

Paid preparer use only — New York State Tax Law requires certain paid

for more information.

tax return preparers and facilitators of refund anticipation loans (RALs)

Private delivery services — If you choose, you may use a private

and refund anticipation checks (RACs) to register electronically

delivery service, instead of the U.S. Postal Service, to mail in your form

with the Tax Department. When completing this section, you must enter

and tax payment. However, if, at a later date, you need to establish

your New York tax preparer registration identification number (NYTPRIN)

the date you filed or paid your tax, you cannot use the date recorded

if you are required to have one. (Information on the New York State Tax

by a private delivery service unless you used a delivery service that

Preparer Registration Program is available on our Web site (see Need

has been designated by the U.S. Secretary of the Treasury or the

help?).) In addition, you must enter your federal preparer tax

Commissioner of Taxation and Finance. (Currently designated delivery

identification number (PTIN) if you have one; if not, you must enter your

services are listed in Publication 55, Designated Private Delivery

social security number (SSN). (PTIN information is available at

Services. See Need help? for information on obtaining forms and

)

publications.) If you have used a designated private delivery service

and need to establish the date you filed your form, contact that private

Need help?

delivery service for instructions on how to obtain written proof of the

date your form was given to the delivery service for delivery. If you use

Visit our Web site at

any private delivery service, whether it is a designated service or not,

• get information and manage your taxes online

send the forms covered by these instructions to: NYS Tax Department,

Tax Shelter Disclosure, W A Harriman Campus, Albany NY 12227.

• check for new online services and features

Additional reporting requirements for material

Telephone assistance

advisors

Corporation Tax Information Center:

(518) 485-6027

Every person (material advisor) who is required to maintain a list of

persons pursuant to IRC section 6112, must maintain a duplicate of this

Personal Income Tax Information Center:

(518) 457-5181

list if any of the conditions (A, B, C, or D) described under Who must file

To order forms and publications:

(518) 457-5431

applies to this person. The material advisor must furnish a copy of the

list to the Commissioner of Taxation and Finance within 20 days after

Text Telephone (TTY) Hotline (for persons with

written request is made for the list.

hearing and speech disabilities using a TTY): (518) 485-5082

Exception: If a material advisor required to maintain a duplicate of the

Persons with disabilities: In compliance with the

list of persons maintained pursuant to IRC section 6112 has designated

Americans with Disabilities Act, we will ensure that our

one person as the designated material advisor for federal income tax

purposes (a designation agreement) to maintain the list, or a portion

lobbies, offices, meeting rooms, and other facilities are

accessible to persons with disabilities. If you have questions

of the list, and the designated material advisor has elected collective

about special accommodations for persons with disabilities, call

disclosure of Form DTF-664, the designated material advisor must

the information center.

maintain the duplicate list. The designated material advisor must furnish

a copy of the list to the Commissioner of Taxation and Finance within

20 days after written request for the list is made.

Privacy notification — The Commissioner of Taxation and Finance

may collect and maintain personal information pursuant to the New

Additional tax shelter recordkeeping requirements

York State Tax Law, including but not limited to, sections 5-a, 171,

171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law;

Every person required by Tax Law section 25 to disclose any

and may require disclosure of social security numbers pursuant to

transaction, file any duplicate return, or maintain any list, must retain

42 USC 405(c)(2)(C)(i).

all relevant correspondence, memoranda, notes, valuation studies,

meeting minutes, spreadsheets, models, opinions, records required

This information will be used to determine and administer tax liabilities

to be retained pursuant to IRC section 6011, and all other records

and, when authorized by law, for certain tax offset and exchange of tax

or documents related to the disclosure, filing, and list maintenance

information programs as well as for any other lawful purpose.

requirements of Tax Law section 25 for six years. The information must

Information concerning quarterly wages paid to employees is provided

be made available for inspection in connection with any examination.

to certain state agencies for purposes of fraud prevention, support

enforcement, evaluation of the effectiveness of certain employment and

Specific instructions

training programs and other purposes authorized by law.

Enter the material advisor’s name, address, telephone number, and

Failure to provide the required information may subject you to civil or

employer identification number or social security number.

criminal penalties, or both, under the Tax Law.

This information is maintained by the Manager of Document

664002120094

Management, NYS Tax Department, W A Harriman Campus,

Albany NY 12227; telephone (518) 457-5181.

Form Dtf-664 - Tax Shelter Disclosure For Material Advisors - New York State Department Of Taxation And Finance - 2012 Page 2

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