DTF-664: Tax Shelter Disclosure for Material Advisors (2025)
New York · NY DTF · Used for tax years 2025
Form DTF-664 is New York’s tax shelter disclosure form for material advisors. It reports the advisor’s identifying information, aggregate fees, and the tax shelter’s business structure and activity code, accompanied by copies of the federal disclosure and related documents submit
Who files this form
You must file if you are required to file a statement or return under Internal Revenue Code (IRC) § 6111 before July 1, 2029, and any of these conditions applies:
- You are organized in New York State.
- You do business in New York State.
- You derive income in New York State.
- Your required IRC § 6112 list identifies, or must identify, a taxpayer subject to Tax Law Article 9, 9-A, 22, or 33, and you are a material advisor providing material aid, assistance, or advice in organizing, managing, promoting, selling, implementing, or carrying out a reportable transaction.
You must submit a duplicate of the federal statement or return, currently Form 8918, with all documentation submitted to the IRS in connection with it. An abbreviated disclosure option is available when the designation agreement and collective disclosure conditions described on the form are met.
When it's due
For the 2025 version of Form DTF-664, file the form and accompanying duplicate federal statement or return by the later of:
- 60 days from the required IRS filing date for the statement or return.
- 60 days from the date any of the New York filing conditions listed under “Who must file” first applies.
If you must maintain a duplicate IRC § 6112 list, you must provide a copy to the Commissioner of Taxation and Finance within 20 days after a written request. This same response period applies to a designated material advisor responsible for the duplicate list under the collective disclosure exception.
What you'll need
Have these documents and details ready:
- A copy of the statement or return filed with the IRS under IRC § 6111, currently federal Form 8918.
- All documentation submitted to the IRS in connection with that statement or return.
- The material advisor’s name, mailing address, telephone number, email address, and EIN or Social Security number.
- Information needed to calculate aggregate material advisor fees.
- The tax shelter’s business organization type and six-digit NAICS code from its federal return.
- If attaching more than one federal Form 8918, a listing of the business organization type and NAICS code for each tax shelter disclosed.
If you pay a preparer, they must complete and sign the paid preparer section, including the required identification information.
How to file
Complete the material advisor information, aggregate fees, and tax shelter information. Mark the applicable business organization boxes and specify the organization type if you select “Other.” Enter the tax shelter’s six-digit NAICS code.
Sign and date the certification and enter your official title. Attach the duplicate federal statement or return and all related documentation submitted to the IRS.
Mail to:
NYS TAX DEPARTMENT
TAX SHELTER DISCLOSURE
W A HARRIMAN CAMPUS
ALBANY NY 12227-4299
For a private delivery service, send to:
NYS Tax Department
Tax Shelter Disclosure
90 Cohoes Ave
Green Island NY 12183-1515
The form refers users to Publication 55, Designated Private Delivery Services, for more information about private delivery.
Common mistakes
- Leaving the paid preparer section incomplete. The form warns that paid preparers may face civil and/or criminal sanctions if they do not sign and complete this section in full.
- Omitting required preparer identification. A paid preparer must enter a NYTPRIN or an applicable two-digit exclusion code. They must also enter their federal PTIN if they have one, or their Social Security number if they do not.
- Using the paid preparer section for unpaid help. A person who prepares the form without charging you should not complete that section.
- Failing to disclose required information. The form states that the Tax Law imposes penalties for nondisclosure and for underpayment of taxes due to participation in tax shelter transactions.
Questions people ask
Can I file an abbreviated disclosure statement?
Yes, if you have designated one person as the material advisor for federal income tax purposes through a designation agreement, and that designated advisor elects collective disclosure. The designated advisor must supply the names, addresses, and tax identification numbers of all material advisors included in the IRS designation agreement. The form refers to TSB-M-05(2.1)C or TSB-M-05(4.1)I for details.
What belongs in aggregate material advisor fees?
Include all consideration that the tax shelter’s organizers and persons related to them under IRC §§ 267 and 707 may receive. This includes contingent fees, equity interests, and fees for other transactions received for promoting the shelter. Treat all substantially similar transactions as part of the same tax shelter and combine their fees.
What if I attach more than one federal Form 8918?
Include a listing showing the business organization type and NAICS business code for each tax shelter disclosed.
How long must I keep related records?
If Tax Law § 25 requires you to disclose a transaction, file a duplicate return, or maintain a list, keep all relevant records for six years. These include correspondence, notes, valuation studies, meeting minutes, spreadsheets, models, opinions, and other documents related to those requirements. Make the information available for inspection during an examination.
Must I also keep a duplicate list of persons?
Yes, if you must maintain a list under IRC § 6112 and any of the New York filing conditions applies. Under the stated collective disclosure exception, the designated material advisor must maintain the duplicate list.