NYC Tax Commission Raises the TC309 Threshold to $5.4 Million for 2026/27

The NYC Tax Commission has announced that, beginning with the 2026/27 tax year, the assessed value threshold that triggers a Form TC309 (Accountant’s Certification) will increase from $5,000,000 to $5,400,000.

This change matters because TC309 is the form that requires an independent CPA’s certification (in the form of an auditor’s report) to accompany a TC201 income/expense filing for certain rent-producing properties. For owners and managing agents who are right around the threshold, the TC309 requirement can add time, cost, and coordination – particularly as the Tax Commission filing deadlines approach.

What the new TC309 form says (and one detail worth highlighting)

I reviewed the new TC309 2026/27 form. It states, in plain language, that the AV threshold has been raised to $5,400,000 from $5,000,000.

It also repeats several reminders that are easy to overlook in the rush of filing season:

• TC309 must be attached to an application and an income and expense statement – it is not valid if filed separately.
• The Tax Commission has no authority to extend the time for filing.
• The TC309 must be signed by an independent certified public accountant using the CPA’s own name (not the firm name), and the form (and the schedule it accompanies) is subject to public disclosure.

Consolidated properties: the 2026/27 form draws a clear line

One additional line in the new form is particularly important for multi-lot properties and “consolidated” filings:

“In 2026, for consolidated properties, the AV threshold applies to each separate tax lot and not the consolidated AV total.”

In other words, at least as reflected on this 2026/27 TC309 form, the threshold is tested lot-by-lot, not on a combined (“consolidated”) assessed value total. If you operate a property as multiple tax lots, this is a meaningful distinction. If no single lot in the group has an AV greater than or equal to $5,400,000, then the property won’t be forced into filing a TC309 form.

As always, the controlling guidance is the Tax Commission’s official instructions and forms for the relevant year. But the inclusion of this sentence on the 2026/27 TC309 form is a strong signal of how the Tax Commission expects filers to apply the threshold.

When TC309 is required (high level)

The TC309 form describes the trigger as follows: file TC309 with an application (or TC150 supplemental application) and Form TC201 for a single parcel with a total tentative actual assessed valuation of $5,400,000 and income exceeding $100,000 (as stated in TC201).

Two practical reminders embedded in that sentence:

1. Assessed value alone isn’t the whole story. The TC309 trigger pairs the AV threshold with a TC201-based income threshold.
2. TC309 is tied to TC201. If the Tax Commission prescribes a schedule other than TC201, TC309 is not required.

This increase is consistent with the five-year adjustment I flagged last year

In my post last year, The Changing Threshold for the TC309 Requirement: A Look Ahead to 2025–26, I explained why the 2019 legislation increasing the threshold to $5 million also set up a mechanism for periodic adjustment, and I predicted the next adjustment would land around $5.4 million to $5.6 million. The Tax Commission has now selected $5.4 million.

How many properties would have benefited if $5.4M applied to 2025/26?

To put this change in context, I reviewed the 2025/26 tentative tax roll.

• There are 845 properties with 2025/26 tentative actual assessed value between $5,000,000 and $5,399,999.
  • If the new $5.4M TC309 threshold had been in place for 2025/26, those 845 properties could have avoided the TC309 requirement based on assessed value alone.

That said, not every property in that AV band is a likely TC201 filer (or a likely Tax Commission protest filer). So I ran a more practical filter:

• I filtered out properties that may not file TC201, including:
  • Residential co-ops and condos that likely file TC203, and
  • Hotels that likely file TC208.
• I also filtered out properties that don’t have a representative group number, assuming they did not file a Tax Commission protest in 2025.

With those assumptions, the universe drops to roughly 378 properties that likely would have benefited from the higher threshold.

A few important caveats:

• These counts are based on the tentative roll and category-based assumptions about which schedule is typically filed.
• TC309 is only relevant where a TC201 is being filed and income exceeds $100,000 (and the property is rent-producing).
• Some properties in the AV band may not need TC309 for other reasons (for example, because a different schedule is prescribed, or the property was purchased after July 2024).

Even with those caveats, the numbers show why this threshold adjustment matters: it potentially removes the TC309 CPA certification step for a meaningful group of properties that cluster right above $5 million.

Practical planning notes for 2026/27

• If you are near $5.4M AV, confirm early whether your parcel is above or below the threshold (and whether you expect to file TC201). DOF is scheduled to publish the 2026/27 tentative assessments on January 15, 2026, and you can view your Notice of Property Value on DOF’s website shortly thereafter.
• If your property spans multiple tax lots, the 2026/27 TC309 form states that the threshold is applied per tax lot, not on a consolidated AV total.
• If TC309 is required, plan for CPA lead time. The form is an “Independent Auditor’s Report,” and the Tax Commission emphasizes that it cannot be conditioned, modified, or altered.
• Remember the deadline risk: the Tax Commission says it cannot extend the filing time, and TC309/TC201 “may not be submitted separately.”

Where to find the TC309 2026/27 form (and what to watch)

• A copy of TC309 2026/27 (valid as of the publication date of this post, but subject to change by the Tax Commission).
• The Tax Commission’s official TC309 PDF link (as of the publication date of this post, it still points to the 2025 TC309 form, so readers should treat it as the “check here for the latest official version” link).

Disclaimer: This post is for informational purposes only and is not legal or tax advice. Readers should consult the Tax Commission’s current forms/instructions and their advisors for guidance on their specific property and filing posture.