CT-33-M: Insurance Corporation MTA Surcharge Return (2025)

Who files this form

An insurance corporation must complete Form CT-33-M if it does business, employs capital, owns or leases property, or maintains an office in the Metropolitan Commuter Transportation District (MCTD).

The MCTD includes these counties: New York, Bronx, Kings, Queens, Richmond, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester.

If none of these conditions applies, you do not have to file this form. However, you must disclaim liability for the MTA surcharge on Form CT-33-NL, CT-33, or CT-33-A.

What you'll need

Have the following information available to complete the return:

• Your corporation’s EIN, file number, contact information, incorporation information, and tax period.
• Your applicable franchise tax return: Form CT-33-NL, CT-33, or CT-33-A. CT-33-M uses figures from these returns.
• New York State and MCTD premium figures, plus wage figures if you file Form CT-33 or CT-33-A.
• Payment dates and amounts for installments from Forms CT-300 and CT-400, payments with extension requests from Form CT-5 or CT-5.3, and overpayments credited to this return, as applicable.
• Retaliatory tax and previously allowed credit amounts if you are completing the retaliatory tax credit refund calculation.

For retaliatory tax credit calculations involving tax years before 2020, attach a separate computation.

Common mistakes

• Do not leave the tax period blank. All filers must enter beginning and ending dates.
• If you claim an overpayment, mark an X in the overpayment box.
• Enter the payment amount from line 22 on line A. Make payment payable to New York State Corporation Tax, attach it where indicated, and detach all check stubs.
• If you attach Form CT-222, mark an X in the box on line 19.
• If line 4 or line 7 is zero, the form directs you to the instructions before completing line 9.
• For the retaliatory tax credit calculation, enter zero on line 31 if the result is negative. Amounts on lines 32 through 36 cannot exceed the corresponding line 31 balances.

Questions people ask

How is the MTA surcharge calculated?

Line 12 multiplies the allocated tax on line 11 by 17% (0.17). Line 14 then subtracts the MTA surcharge retaliatory tax credit on line 13.

Which allocation calculation applies to my corporation?

Authorized non-life insurance corporations use lines 1a through 2, based on premiums. Life insurance corporations and unauthorized insurance corporations use lines 3a through 9, based on premiums and wages.

What can I do with an available overpayment?

The form provides options to credit it to New York State franchise tax, credit it to next year’s MTA surcharge, or request a refund of the remaining amount.

Can I update my corporation’s address or phone number online?

Yes. The form says you can update address or phone information online and refers you to Business information in Form CT-1.

Official sources

• https://www.tax.ny.gov/pdf/current_forms/ct/ct33m.pdf