The NY DOL NYS 100 is a form for a Business Employer or a Household Employer of Domestic Services to register for Unemployment Insurance, Withholding Tax and Wage Reporting.
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A fillable copy of Form NYS-100 can be found here. Take note of the instructions included with the form - you may consult them if you need more information about a particular section of the form.
Part A - Employer Information
Type
Check the box that corresponds to the type of employer you are, then take note of the parts that you need to fill out based on which you check.
Legal Entity
Check only one of the following that applies. If you are a household employer, do not check any box.
Federal Employer Identification Number
Enter your FEIN.
Telephone Number
Enter your telephone number.
Fax Number
Enter your fax number.
Legal Name of Business
Enter the legal name of your business.
Trade Name, if any
Enter any trade name or names you use.
Business Email
Enter your business email.
Website
Enter your website address and/or name, if any.
Part B - Liability Information
Line 1
Enter the date that you first began operations in New York.
Line 2
Enter the date of the first payroll that you withheld (or will withhold) New York State Income Tax from your employees’ pay.
Line 3
Check the box that indicates whether or not you have people working for you that you do not consider employees. Then, if you do, describe what services they perform for you in the space provided.
Legal Name and ER Number
At the top of this page and for each page hereafter, enter your full legal name and ER number in the spaces provided.
Line 4
Check the box that indicates whether or not you are registering for Unemployment Insurance. If you are, mark the box that corresponds to the first calendar quarter and the year that you paid or expect to pay a total remuneration of $300 or more.
If you are not, explain why you are not liable in the space provided.
Line 5
Enter the total number of covered employees you have.
Line 6
Check the box that indicates if you are registering to remit withholding tax only.
Line 7
Check the box that indicates whether or not you are acquiring the business of another employer liable for New York State Unemployment Insurance. If you are, check the box that indicates whether you acquired all or part of said business, and enter the date of acquisition.
Then, enter the following information about the business:
Line 8
Check the box that indicates whether or not you have changed legal entity. If you have, enter the following information.
Part C - Household Employer of Domestic Services
Line 1
Check the box that corresponds to the calendar quarter and enter the year that you paid or will pay total cash wages of $500 or more.
Line 2
Enter the total number of persons employed in your home.
Line 3
Check the box that corresponds to whether or not you intend to withhold New York State income tax from your employees.
Part D - Required Addresses
Item 1 - Mailing Address
Enter the following details about your mailing address. If you choose to have your Unemployment Insurance mail directed to an address other than your place of business, complete Item 4.
Item 2 - Physical Address
Enter the following information about your physical address, if it is different from your mailing address above.
Item 3 - Location of Books/Records
Enter the following information about where you keep your Books and Records.
Optional Addresses
Item 4 - Agent Address (C/O)
If your unemployment insurance mail should be sent to an address other than your business address, enter the following information about the address that the mail should be sent to.
Item 5 - LO 400 Form - Notice of Potential Address Changes
This is sent every time a former employee files a claim for unemployment insurance benefits. You can sign up for SIDES to receive this notice electronically, but otherwise, enter the following information about where you would like the notice to be sent.
Part E - Business Information
Line 1
Enter the following information for sole proprietor (owner), household employer of domestic services, all partners, including partners of a LP, LLP or RLLP, all members of a LLC or PLLC, and corporate officers (President, Vice President, etc.). If more space is needed, attach an appropriately labeled sheet of paper to this form.
Line 2
Enter the number of physical locations at which your company operates in New York State. Then, answer each of the following questions and provide the requested information for each.
Affirmation
Sign the form in the space provided, then enter the following information in the spaces provided.
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Who is required to complete Form NYS-100?
Any employer operating in New York State must complete Form NYS-100.
What happens if the information on the NY DOL NYS-100 is inaccurate?
Generally, penalties and even some legal consequences will follow if information on Form NYS-100 is inaccurate. It is best to double-check information entered to ensure that you avoid any such consequences.
When should employers submit Form NYS-100?
As much as possible, Employers should submit Form NYS-100 before hiring employees and commencing business operations in New York State.
Who is Form NYS-100 submitted to?
Form NYS-100 is typically submitted to the New York State Department of Taxation and Finance.
Can I amend the information I enter on Form NYS-100?
Yes. Contact the Telephone Claims Center as soon as possible, and ask them about the process of amending your information. You can also contact your local tax office to ask about what can be done to correct or change your information.
Are there any fees associated with filing Form NYS-100?
Generally, no. Filing Form NYS-100 is, in most cases, free.
Can employers submit Form NYS-100 electronically?
Yes, employers can usually submit Form NYS-100 electronically through the New York State Department of Taxation and Finance's online portal.
Is Form NYS-100 a one-time filing requirement?
No, employers may need to update or amend Form NYS-100 if there are changes to their business operations, such as a change in address or workforce size.
Can employers track the status of their Form NYS-100 submission?
Yes, through the New York State Department of Taxation and Finance's online portal.
Is Form NYS-100 linked to other tax forms or filings?
Yes. Information provided on Form NYS-100 can be used in other tax forms or filings required by the Department of Taxation and Finance.
Is information on Form NYS-100 considered confidential?
Yes. Information on Form NYS-100 can only be disclosed to tax authorities and those that the filing party consents or authorizes to view said information.
Can employers request an extension for filing Form NYS-100?
Yes, though it’s important to consult with the New York State Department of Taxation and Finance to learn more about the process for doing this.
Can Form NYS-100 be submitted on behalf of multiple business entities?
Yes, but only if they operate under the same employer identification number (FEIN).
Are there any exemptions to the requirement of filing Form NYS-100?
No, employers cannot be exempted from filing Form NYS-100.
Can Form NYS-100 be submitted in languages other than English?
Form NYS-100 is typically available in multiple languages to accommodate employers who may not be fluent in English.
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