CT-33-R: Claim for Retaliatory Tax Credits (2025)
New York · NY DTF · Used for tax years 2025
Form CT-33-R is used by insurance corporations organized or domiciled in New York State to claim retaliatory tax credits under Tax Law sections 1511(c) and 1511(i). It calculates the credits claimed, the amount used to reduce tax liability, and any balance to be credited as an ov
Who files this form
Insurance corporations organized or domiciled in New York State use Form CT-33-R to claim retaliatory tax credits:
- Part 1: Credit for 90% of retaliatory taxes paid to other states for the privilege of doing business there, subject to the stated limits.
- Part 2: Credit for up to 90% of retaliatory taxes paid to other states because of assessments imposed under Public Health Law § 2807-t, subject to the stated limits.
File this form with Form CT-33, CT-33-NL, or CT-33-A.
What you'll need
- Your completed Form CT-33-R and Form CT-33, CT-33-NL, or CT-33-A.
- Documentation for the credit, called retaliatory prints. Send this separately from your franchise tax return.
- A separate calculation for tax years before 2023, if applicable.
Enter the corporation’s legal name, employer identification number, and the beginning and ending dates of the tax period on Form CT-33-R.
How to file
File Form CT-33-R with Form CT-33, CT-33-NL, or CT-33-A. Complete the applicable credit calculations in Parts 1 and 2, then combine the credits in Part 3.
Transfer the credit used on line 17 to the appropriate box on:
- Form CT-33, above line 101.
- Form CT-33-NL, above line 47.
- Form CT-33-A, above line 116.
Send retaliatory prints separately. Do not include this documentation with your franchise tax return. Send it to:
NYS TAX DEPARTMENT
TDAB – CT DESK AUDIT
W A HARRIMAN CAMPUS
ALBANY NY 12227-5299
If you are not using U.S. Mail, see Publication 55, Designated Private Delivery Services.
Common mistakes
- Sending credit documentation with the franchise tax return. Retaliatory prints must be sent separately to the address provided in the form’s instructions.
- Claiming the credit in the wrong year. Claim it on the return for the tax year when the retaliatory taxes were paid.
- Exceeding the credit limits. Part 1 limits the credit to the Article 33 tax payable, before the surcharge, for the year the retaliatory taxes were imposed or assessed. Part 2 limits the credit to the lesser of the § 2807-t assessment paid or the applicable Article 33 tax payable.
- Applying a surcharge credit against the wrong tax. The surcharge retaliatory tax credit may only offset the surcharge under § 1505-a. Use Form CT-33-M to calculate that credit.
- Using a credit from another period to offset an adjustment. The instructions prohibit using a credit earned in a different period to offset an adjustment to the credit and retaliatory tax.
Questions people ask
Which year’s return should include the credit?
Claim the credit on the return for the year in which you paid the retaliatory taxes. The 2025 form includes columns for 2023, 2024, and 2025. Attach a separate calculation for tax years before 2023.
Can the credits reduce my tax to zero?
Yes. The credits claimed and used on line 17 may reduce the total tax due to zero.
What can I do with credits left over after reducing my tax?
You may apply the balance on line 18 as an overpayment to the next period on line 19, request a refund without interest on line 20, or do both.
What if another state reduces the retaliatory tax due?
You must recalculate the retaliatory tax credit, insurance franchise tax, and MTA surcharge for the tax year the retaliatory taxes were reduced. Either amend the return for the year you claimed the credit or mail a recalculation schedule to the Audit Division at the retaliatory prints address. You must do this within 90 days of a final determination by a competent authority that a refund or credit is due. Pay any additional tax and surcharge owed when you amend the return or mail the schedule.