IT-634: Empire State Jobs Retention Program Credit (2024)

New York · NY DTF · Used for tax years 2024

Form IT-634 computes the New York Empire State Jobs Retention Program Credit and reports any recapture of the credit. It includes credit shares received from partnerships, S corporations, estates, and trusts, and allocations between beneficiaries and fiduciaries.

Who files this form

Form IT-634 is used to report the Empire State jobs retention program credit. It includes entries for individuals, including sole proprietors, partnerships, and fiduciaries, as well as partners, New York S corporation shareholders, and estate or trust beneficiaries receiving a share of the credit.

If you received a share of the credit or a share of credit recapture from a partnership, New York S corporation, estate, or trust, complete Schedule B for each entity.

What you'll need

  • Form IT-201, IT-203, IT-204, or IT-205, with which you must submit Form IT-634.
  • A copy of the certificates of tax credit issued by Empire State Development (ESD). These must also be submitted.
  • Your name and identifying number as shown on your return, your year of eligibility, and your certificate number.
  • Amounts of your own credit and any shares of credit received from partnerships, S corporations, estates, or trusts.
  • For Schedule B, each entity’s name, type, and employer identification number.
  • If completing Schedule C, beneficiaries’ names as shown on Form IT-205, Schedule C, identifying numbers, and shares of credit and credit recapture.

How to file

Submit Form IT-634 with Form IT-201, IT-203, IT-204, or IT-205. Include a copy of the tax credit certificates issued by ESD.

On Form IT-634:

  • Calendar-year filers mark an X in the calendar-year box. Other filers enter their tax period’s beginning and ending dates.
  • Enter your year of eligibility and certificate number.
  • Use Schedule A to report the credit. Line 5 is the total of lines 1 through 4.
  • Complete Schedule B for each entity from which you received a share of credit or credit recapture.
  • Schedule C provides entries for beneficiaries’ and the fiduciary’s shares of credit and recapture. Schedule D summarizes recapture.

Report the Schedule D, line 11 amount as follows:

  • Individuals, including sole proprietors, partners, S corporation shareholders, and beneficiaries: Enter the amount and code 634 on Form IT-201-ATT, line 20, or Form IT-203-ATT, line 19.
  • Fiduciaries: Include the amount on Form IT-205, line 12.
  • Partnerships: Enter the amount and code 634 on Form IT-204, line 148.

The supplied form does not give a mailing address or e-filing instructions.

Common mistakes

  • Leaving out the certificates: The form says you must also submit a copy of the tax credit certificates issued by ESD.
  • Submitting IT-634 by itself: The form directs you to submit it with Form IT-201, IT-203, IT-204, or IT-205.
  • Leaving an entity out of Schedule B: The form requires information for each partnership, New York S corporation, estate, or trust from which you received a share of credit or credit recapture.

Questions people ask

Who issues the tax credit certificates?

Empire State Development (ESD) issues them. You must submit a copy with Form IT-634.

What number goes in the year-of-eligibility field?

Field A asks for a number from 1 to 10 and refers you to the instructions. The supplied form does not explain how to determine that number.

How do I identify an entity’s type in Schedule B?

Enter P for a partnership, S for an S corporation, or ET for an estate or trust.

Where do I report credit received through another entity?

Schedule A has separate entries for your share from partnerships on line 2, S corporations on line 3, and estates or trusts on line 4. Complete Schedule B with information about each entity as well.

Official sources

All versions of IT-634