Miss a filing deadline, and the New York State Department of Labor will issue penalties and can freeze your account—jeopardizing your ability to hire. This Quarterly Contribution and Wage Report, also known as the NYS Form NYS-45, is a mandatory payroll tax report you must file with the New York State Department of Labor for your Rochester-based employees. Key facts:
Analyzed from Quarterly Contribution and Wage Report
82% from one compliance interview
Manual entry or document upload required
The Quarterly Contribution and Wage Report is a mandatory filing for all employers in New York State, including Rochester, to report wages paid and pay unemployment insurance (UI) contributions. Its legal basis is the New York State Unemployment Insurance Law, specifically Articles 18 and 25 of the Labor Law, administered by the New York State Department of Labor. This report is how the state calculates your business's UI contribution rate, funds benefits for eligible former employees, and ensures compliance with employer registration requirements. Failing to file is considered a failure to pay required payroll taxes.
Non-compliance triggers significant penalties that impact your business operations and finances:
Legal code: State unemployment insurance act, employer registration requirements
Recent update: For 2026, the New York State Department of Labor continues to mandate electronic filing and payment for most employers through its online SUI-1 filing system, a requirement that has been in place for several years to streamline processing.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if you have paid employees subject to unemployment insurance in New York, as mandated by the New York State Department of Labor for all employers who meet wage reporting thresholds. |
| Bar / Nightclub | Required | Required for all employers with paid staff, as the Quarterly Contribution and Wage Report (NYS-45) is the primary method for reporting wages and remitting unemployment insurance contributions under NYS Labor Law § 575. |
| Food Truck | Required | Required if you hire any employees (e.g., cooks, servers, drivers); sole proprietors with no employees may be exempt from filing, but most food truck operations with staff must file this report. |
| Coffee Shop / Café | Required | Required for employers with paid baristas, servers, or kitchen staff; per NYS DOL regulations, once you pay $300 or more in wages in a calendar quarter, you must file quarterly wage reports. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the exact legal business name as registered with the New York State Department of Labor and the IRS, matching your unemployment insurance registration exactly.
COMMON MISTAKE: Using a DBA ('Doing Business As') name or trade name instead of the registered legal entity name.
Enter your 8-10 digit New York State Unemployment Insurance (UI) Employer Account Number, found on your original registration letter or prior quarterly report notices.
COMMON MISTAKE: Entering a federal EIN, a withholding ID, or an account number from another state.
Enter your New York State Withholding Tax Identification Number, which is typically your federal Employer Identification Number (EIN) prefixed with 'NY' or a state-issued number.
COMMON MISTAKE: Leaving this blank for employers required to withhold state income tax; the DOL cross-references this with the NYS Department of Taxation and Finance.
Enter the physical street address of the business location where employees report for work, including suite or unit number if applicable.
COMMON MISTAKE: Using a PO Box, a home address for a corporate entity, or an address that doesn't match the location registered for UI purposes.
Enter the city for the business's physical street address.
COMMON MISTAKE: Abbreviating the city name (e.g., 'Roch' instead of 'Rochester') or using a mailing city that differs from the physical location.
Enter the two-letter state abbreviation (e.g., 'NY') for the business's physical address.
COMMON MISTAKE: Entering the full state name (e.g., 'New York') or using an abbreviation for a different state where the business is incorporated but not physically located.
Enter the 5-digit or 9-digit (ZIP+4) ZIP Code for the business's physical street address.
COMMON MISTAKE: Using a PO Box ZIP code or a ZIP code for a corporate mailing address that doesn't match the physical location's postal code.
Check this box only if all official correspondence, notices, and refunds should be sent to an address different from the physical business address entered above.
COMMON MISTAKE: Checking the box but failing to provide the complete mailing address in the field below, which can delay critical tax notices and bills.
If 'Different Mailing Address' is checked, enter the complete mailing address (street, city, state, ZIP) where you want to receive DOL correspondence.
COMMON MISTAKE: Entering an incomplete address (e.g., only a PO Box number without city/state/ZIP) or an address for a third-party payroll service without proper authorization on file.
Enter the specific calendar quarter and year for the wages being reported, using the format 'Q1 2026', 'Q2 2026', etc., as defined by the NYS DOL.
COMMON MISTAKE: Reporting for the wrong quarter (e.g., submitting Q1 data on a Q2 form) or using an incorrect quarter designation, which triggers a mismatch and a notice of discrepancy.
ApronPrep auto-fills 28 of 34 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Entering wages for the incorrect quarter or combining overtime pay incorrectly into the regular wage total. The New York Department of Labor's system automatically flags this for manual review, which delays your account reconciliation by 3-4 weeks. Avoid this by using your payroll register for the exact quarter (Jan-Mar, Apr-Jun, etc.) and reporting overtime wages in the designated field, separate from regular wages. For example, do not sum a regular wage of $1,200 and overtime of $300 into a single $1,500 entry; list them separately as the form requires.
Submitting the report with an old, inactive, or incomplete NYS Employer Registration Number. This is the top cause of immediate rejection, as the DOL cannot post payments or wage credits to your account. Based on ApronPrep's analysis, this adds 2-3 weeks to resolve as you must contact the DOL's Employer Hotline to verify and reactivate your number. Double-check your 9-digit NYS Employer Registration Number from your official registration letter or prior quarterly report confirmation.
Manually miscalculating the total unemployment insurance contribution due, often by applying the wrong contribution rate or forgetting the MCTMT (Metropolitan Commuter Transportation Mobility Tax) if applicable in Rochester. An underpayment triggers a penalty notice and interest accrual from the original due date. Use the DOL's online calculator or your quarterly rate notice to verify your math. For example, if your taxable wages are $50,000 and your rate is 3.4%, your contribution is $1,700—not an estimated round number.
ApronPrep auto-fills 28 of 34 fields from one compliance interview.
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| City | Fee Range | Timeline |
|---|---|---|
| Buffalo | ||
| New York City | Quarterly - due by postmark on the last day of the month following the end of each quarter | |
| Rochester |
Compile your quarterly wage report data, including total wages paid to each employee (New York State UI-3 Wage Report data), Social Security and Medicare wages, and total federal Unemployment (FUTA) tax liability. You must have your Federal Employer Identification Number (EIN) and state employer account number ready. The most common delay is missing wage data for out-of-state employees or misclassified workers, which triggers an NYS Department of Labor inquiry.
Fill out IRS Form 941 (Employer's Quarterly Federal Tax Return) for the quarter. Calculate total taxes withheld from employee paychecks (federal income tax, Social Security, and Medicare) and your matching employer contributions. If you deposit taxes more frequently than monthly, you must also complete Form 941 Schedule B. Have your EIN, total employees, and total taxable wages for the quarter on hand. Errors in math or entering deposits on the wrong line are leading causes of IRS notices.
Submit your completed Form 941 and payment (if any taxes are due after deposits) through the IRS Electronic Federal Tax Payment System (EFTPS). Paper filings are accepted but add 4-6 weeks to processing. Ensure your EFTPS enrollment is active and you have your PIN available. Payments must be scheduled at least one business day before the due date to avoid penalties.
Applications go to the New York department of unemployment assistance. Local procedures and fees may vary — select your city below.
This is one of 13 requirements for opening a restaurant in New York.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe processing timeline varies significantly based on your reporting method and whether corrections are needed. Reports filed electronically through the NYS Department of Labor's online system are typically processed immediately upon submission, while paper filings can take several weeks. For specific deadlines to avoid penalties, you should also confirm your business registration is current with the City Business License/Registration.
There is no government filing fee to submit the quarterly contribution and wage report itself. However, significant penalties and interest accrue if the report is late or contains errors, which are essentially costs of non-compliance. Per the New York State Department of Labor's regulations, these penalty amounts are based on your payroll and the duration of the delay—contact them to confirm current penalty rates.
No, reports are not transferable. The report is specific to your business's Employer Account Number and the quarter being reported. If you move your business, you must update your address with the New York State Department of Labor and continue filing reports for your account. This process is separate from other location-based permits, like updating a Building Permit or Certificate of Occupancy.
It is not renewed; it is filed every calendar quarter. You must submit a report four times per year (for Q1, Q2, Q3, and Q4), regardless of whether you had payroll in that period. The deadlines are typically the last day of the month following the end of each quarter (e.g., April 30 for Q1). Missing a quarterly filing triggers penalties, similar to missing a Biennial Statement Filing with the Department of State.
There is no physical inspection for this report. The "inspection" is an audit of your payroll records. The New York State Department of Labor may request to review your timecards, payroll registers, and federal Form 941 to verify the wages and contributions reported. You must retain these records for at least six years per state law. Not legal advice—maintain accurate records to match what you report.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For New York specifically, we have analyzed compliance dossiers for 3 cities (Buffalo, New York City, Rochester), generating Rich FILs (Form Intelligence Layers) with 34 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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