IT-661: Farm Employer Overtime Credit (2025)
New York · NY DTF · Used for tax years 2025
Form IT-661 calculates New York’s Farm Employer Overtime Credit and reports any advance payments received. It also reports shares of the credit received from partnerships, New York S corporations, estates, or trusts and amounts allocated to beneficiaries.
Who files this form
Form IT-661 is for claiming the farm employer overtime credit as:
- An individual, including a sole proprietor, partnership, or fiduciary of an estate or trust that earned the credit.
- A partner, New York S corporation shareholder, or estate or trust beneficiary receiving a share of the credit.
If you earned the credit directly, line C asks whether your federal gross income from farming is at least two-thirds of your federal gross income from all sources in excess of $30,000 for the tax year. If you answer No, you do not qualify, and any advance payment received must be repaid.
What you'll need
Have the information and forms that apply to your claim:
- Your name and identifying number as shown on your return.
- Form IT-201, IT-203, IT-204, or IT-205, with which you must submit IT-661.
- If you earned the credit directly: Forms IT-661-ATT, the farm’s business name, EIN and physical address, and the total number of unique farm employees from those attachments.
- If you received an advance payment: the certificate number and advance payment amount.
- If you received a share of the credit: each entity’s name, type, EIN, your share of the credit, and any advance payment amount and related certificate number.
- If you claim eligible overtime paid indirectly through a qualified Professional Employer Organization (PEO): the certificate number and eligible farm employee count shown on the Department of Agriculture and Markets certificate.
- For fiduciary allocations: beneficiaries’ names from Form IT-205, Schedule C, identifying numbers, and shares of the credit.
How to file
Submit Form IT-661 with Form IT-201, IT-203, IT-204, or IT-205. The supplied form does not give a mailing address or e-file directions.
- All filers must complete lines A, B, and G.
- If you answer Yes on line B because you earned the credit directly, complete lines C through G, Schedules A and D, and Forms IT-661-ATT. Fiduciaries must also complete Schedule C.
- If you answer No on line B, complete line G and Schedules B and D. Fiduciaries must also complete Schedule C.
Use Schedule D to report the total credit, advance payment received, and net credit.
Common mistakes
- Skipping required lines: All filers must complete lines A, B, and G.
- Overlooking an advance payment: Line A reminds you to include an advance payment on line 12. Schedule B also directs you to include the total advance payment amount from column F on line 12.
- Claiming the credit after answering No on line C: The form warns that you do not qualify and must repay any advance payment received.
- Leaving out required schedules or attachments: Follow the Yes or No directions on line B. Fiduciaries must also complete Schedule C.
Questions people ask
What credit rate does Schedule A use?
The rate is 118%. Add the column I amounts from Forms IT-661-ATT on line 1, then multiply that total by 1.18 to calculate line 3.
Where do I report a credit passed through from an entity?
Use Schedule B for a share received from a partnership, New York S corporation, or estate or trust. Enter P for a partnership, S for an S corporation, or ET for an estate or trust.
Where do I report an advance payment?
Report the advance payment on line 12. If you received an advance payment during the tax year, answer Yes on line A and enter the certificate number.
What if eligible overtime was paid indirectly through a qualified PEO?
Answer Yes on line G and enter the certificate number and number of eligible farm employees shown on the certificate issued by the Department of Agriculture and Markets.