GuideTaxes for TLC drivers

NYC Unincorporated Business Tax and TLC Drivers

NYC's Unincorporated Business Tax for drivers: the $95,000 filing line, 4% rate, allowances, the credit that cancels small amounts, and what's unclear.

  • Reviewed
  • 4 min read
  • 3 official sources
On this page (10)
  1. Who must file
  2. How the tax is figured (NYC-202S)
  3. Worked examples (fictional, simple 202S filer)
  4. File but owe nothing: how that can happen
  5. Questions to take to NYC Finance or a preparer
  6. Should I look into UBT?
  7. Filing, dates and estimates
  8. How UBT fits with your other taxes
  9. FAQ
  10. Sources

In short: NYC's Unincorporated Business Tax (UBT) is a city tax on people who carry on a business in New York City without forming a corporation. Under NYC Finance's 2025 instructions, an individual must file a UBT return if total gross income from all business is more than $95,000 (before costs). The tax is 4% of taxable income after allowances, but a business tax credit cancels the whole tax when it is $3,400 or less (NYC-202S instructions, 2025). So you can be required to file and still owe little or nothing.

What we could not confirm: whether each kind of TLC driver — lease taxi driver, owner-driver, app driver — is carrying on an "unincorporated business" for UBT purposes. We couldn't open the Administrative Code text that defines it, and NYC Finance's instructions don't single out drivers. Ask NYC Finance or a tax professional before you file or skip a return. This page explains the published mechanics only; it is not tax advice.

Who must file

NYC-202S instructions: "any individual or unincorporated entity that carries on or liquidates a trade, business, profession or occupation wholly or partly within New York City and has a total gross income from all business regardless of where carried on of more than $95,000 (prior to any deduction for cost of goods sold or services performed) must file." Two or more businesses are combined into one.

For an app driver, "gross income" is closer to the gross receipts on your Schedule C than to your profit. The 202S asks for the amount from Schedule C line 3 (gross receipts less returns) on its own line 15. If your 1099-K gross is near $95,000, read your 1099-K vs what you earned to understand what is in that number.

NYC Finance also says: TLC-licensed or regulated businesses use NAICS code 485310 for taxis and 485320 for limousines on the return, in place of the federal code. That instruction shows NYC Finance expects some TLC businesses to file — it doesn't tell you whether your situation is one of them.

How the tax is figured (NYC-202S)

  1. Line 1: net profit

    Your business profit after expenses.

  2. Line 2: allowance for your own services

    The lower of 20% of line 1 or $10,000. Zero if line 1 is a loss.

  3. Line 4: exemption

    $5,000 (one per taxpayer, prorated for a part year).

  4. Line 6: tax at 4%

    4% of what is left after the allowance and exemption.

  5. Line 7: business tax credit

    $3,400 or less: the whole tax is credited. $5,400 or more: no credit. In between: tax × ($5,400 − tax) ÷ $2,000.

Worked examples (fictional, simple 202S filer)

These apply only the published steps for a full-year, single-business filer with no other adjustments. They are not a prediction of what you owe.

UBT at different net profits

Net profitAllowance (lower of 20% / $10,000)After $5,000 exemptionTax at 4%Business tax creditUBT due
$100,000$10,000$85,000$3,400$3,400 (full)$0
$120,000$10,000$105,000$4,200$2,520$1,680
$140,000$10,000$125,000$5,000$1,000$4,000
$150,000$10,000$135,000$5,400$0$5,400

Check of the middle row with NYC's formula: $4,200 × ($5,400 − $4,200) ÷ $2,000 = $2,520 credit, so $4,200 − $2,520 = $1,680 due. NYC's own example uses a $3,900 tax: credit $2,925, tax due $975.

The examples show why profit matters more than gross: business deductions (car costs, tolls, fees) lower line 1. See the deductions list and try the estimator:

Free tool

Car deduction estimator: mileage vs actual expenses

Compare the IRS standard mileage deduction with your actual car costs, and see roughly what the difference is worth in self-employment tax.

This tool needs JavaScript. The rules it uses are listed under “How this works” below.

Tax year

Used for your business-use share of actual expenses.

Actual car expenses for the year (total, before business share)

Deductible on top of either method.

Enter your business miles to compare.

How this works

  • Standard mileage rate for business: 76¢ (2026-07-01 to 2026-12-31); 72.5¢ (2026-01-01 to 2026-06-30); 70¢ (2025-01-01 to 2025-12-31); 67¢ (2024-01-01 to 2024-12-31).
  • To use the standard mileage rate for a car you own, you must choose it in the first year the car is used in your business; later you can switch between it and actual expenses.
  • You can't use it if you operate five or more cars at the same time (fleet), or after claiming MACRS, Section 179, special depreciation, or non-straight-line depreciation on the car, or after claiming actual expenses for a car you lease.
  • Parking fees and tolls for business use are deductible separately, whether you use the standard mileage rate or actual expenses.
  • Actual expenses: gas, oil, repairs, tires, insurance, registration fees, licenses, and depreciation (or lease payments), times the business-use share of miles.
  • Self-employment tax: SE tax rate 15.3% (12.4% Social Security + 2.9% Medicare) on 92.35% of net self-employment earnings (Schedule SE line 4a); due if net earnings are $400 or more. Social Security part applies up to the yearly wage base ($176,100 for 2025; $184,500 for 2026).
  • The self-employment tax figure is a rough guide: it applies the 15.3% rate to the difference, which is only right while your earnings are under the Social Security wage base.

File but owe nothing: how that can happen

The filing test uses gross income; the tax uses profit. A driver can cross the first without coming close to paying anything. A fictional example:

Nadia drives full time in NYC. Her Schedule C shows $96,000 in gross receipts and, after her car rental, gas, tolls and the app's fees, a net profit of $40,000.

  • Gross is over $95,000, so the filing requirement is met (if her driving counts as an unincorporated business).
  • Allowance: the lower of 20% × $40,000 = $8,000 or $10,000 → $8,000.
  • After the $5,000 exemption: $40,000 − $8,000 − $5,000 = $27,000.
  • Tax at 4% = $1,080. That is under $3,400, so the business tax credit cancels all of it: $0 due.

For a driver like Nadia, the real cost of UBT is the paperwork, not the tax — and the risk of not filing a return that was required.

Questions to take to NYC Finance or a preparer

  1. Does my kind of driving (lease taxi, owner-driver, app driver, black car affiliate) count as an unincorporated business for UBT?
  2. Is my "total gross income from all business" the 1099-K gross, my Schedule C gross receipts, or something else?
  3. If I drive both a taxi and for an app, are they one business for UBT?
  4. Do I qualify for the short Form NYC-202S, or do I need Form NYC-202?
  5. As an NYC resident, how much UBT credit can I take on my NYC income tax?

Bring your Schedule C, your 1099s and any app itemization so the answers are based on your numbers. Write down who you spoke to and what they said, with the date. If you are told you don't need to file, that note is useful later. If you are told you do, the NYC-202S is a short form, and the steps above show how the numbers flow from your Schedule C to the credit.

Should I look into UBT?

Do I need to think about NYC UBT?

Answer a few questions · general information, not legal advice

Question 1Was your total gross income from all business (before costs) more than $95,000?

Was your total gross income from all business (before costs) more than $95,000?

  • Yes

    Did you carry on that business wholly or partly in New York City?

    • Yes

      Watch out: What this means for you

      You may need to file Form NYC-202S (or NYC-202) with NYC Finance by April 15. Ask NYC Finance or a preparer whether your driving counts as an unincorporated business, then use the steps above — the credit cancels tax of $3,400 or less.

    • No

      Note: What this means for you

      UBT is for business carried on wholly or partly in NYC. If none of yours was, it shouldn't apply — confirm with a preparer if you sometimes drive in the city.

  • No

    Good to know: What this means for you

    Under NYC Finance's 2025 instructions, the filing requirement is total gross business income over $95,000. Keep your records in case your income grows.

Filing, dates and estimates

  • Due date: Form NYC-202S is due April 15, 2026 for the 2025 calendar year. A six-month extension is available with Form NYC-EXT if you pay the tax you expect to owe.
  • File with NYC, not the state: the IT-201 instructions say NYS does not administer UBT, so don't attach the NYC-202S to your state return. UBT payments are not state estimated tax.
  • Estimated UBT: Form NYC-5UBTI is required if your UBT is reasonably expected to exceed $3,400, due the 15th day of the fourth month of the year. Dates for your other estimates: quarterly estimated taxes.
  • Who can use the short 202S: individuals who, among other conditions, don't allocate business income, don't claim credits other than the business tax credit, have no NOL deduction and file on time. Otherwise it's Form NYC-202.

How UBT fits with your other taxes

  • NYC residents: line 53 of the IT-201 lets you claim a New York City UBT credit against your NYC resident income tax if you qualify (IT-201-ATT, Section C). Ask your preparer to check it.
  • MCTMT is a separate state tax on self-employed net earnings — see MCTMT.
  • Self-employment tax is federal and is figured separately — see self-employment tax.
  • Non-residents who work in NYC: UBT is about where the business is carried on, not where you live. See do non-residents pay NYC income tax?

For the whole picture of taxes on app income, see taxes for Uber and Lyft drivers in NYC.

Frequently asked questions

What is the NYC Unincorporated Business Tax?

A New York City tax, run by NYC Finance, on individuals and unincorporated entities carrying on a trade, business, profession or occupation wholly or partly in the city. It is separate from NYC resident income tax and is filed directly with NYC Finance, not with your state return.

Do I have to file a UBT return as a driver?

The NYC-202S instructions say a return is required when total gross income from all business is more than $95,000, before deducting costs. Whether a particular driver's work is an 'unincorporated business' for UBT is a question to confirm with NYC Finance or a tax professional.

What is the UBT rate?

4% of taxable income after the allowance for your own services (the lower of 20% of net profit or $10,000) and a $5,000 exemption.

Will I actually owe UBT?

Not if the tax works out to $3,400 or less: the business tax credit cancels it in full. Between $3,400 and $5,400 the credit shrinks, and at $5,400 or more there is no credit.

Which NAICS code do TLC drivers use?

NYC Finance's instructions say businesses licensed or regulated by the TLC use NAICS 485310 for taxis and 485320 for limousines instead of the federal code.

Do I have to pay UBT estimates?

Form NYC-5UBTI is required if your UBT can reasonably be expected to exceed $3,400 for the year; it is due the 15th day of the fourth month of the tax year.

Sources

Last reviewed against the official sources on .

  1. NYC Finance: Instructions for Form NYC-202S (2025) nyc.gov
  2. NYS Tax: Instructions for Form IT-201 (2025) tax.ny.gov
  3. NYS Tax: Checklist for taxi, limousine, and self-employed drivers tax.ny.gov

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