NY Tax L § 605 (2021)
2021 New York Laws TAX - Tax Article 22 - Personal Income Tax Part 1 - General 605 - General Provisions and Definitions.

§  605. General provisions and definitions. (a) Accounting periods and methods. (1) Accounting periods. A taxpayer's taxable  year  under  this article  shall  be  the  same as his taxable year for federal income tax purposes.  (2) Change of accounting periods. If  a  taxpayer's  taxable  year  is changed  for  federal income tax purposes, his taxable year for purposes of this article shall be similarly changed. If a taxable  year  of  less than  twelve  months results from a change of taxable year, the New York standard deduction and the New York exemptions shall be  prorated  under regulations of the tax commission.  (3)  Accounting  methods. A taxpayer's method of accounting under this article shall be the same as his method of accounting for federal income tax purposes. In the absence of any method  of  accounting  for  federal income  tax  purposes,  New  York taxable income shall be computed under such method as in the opinion of the  tax  commission  clearly  reflects income.  (4)  Change  of  accounting  methods.  (A)  If  a taxpayer's method of accounting is changed for federal income tax  purposes,  his  method  of accounting for purposes of this article shall be similarly changed.  (B)  If  a taxpayer's method of accounting is changed, other than from an accrual to an installment method, any additional  tax  which  results from  adjustments  determined  to  be  necessary solely by reason of the change shall not be  greater  than  if  such  adjustments  were  ratably allocated  and  included  for  the  taxable  year  of the change and the preceding taxable years, not in excess of two, during which the taxpayer used the method of accounting from which the change is made.  (C) If a taxpayer's method of accounting is changed from an accrual to an installment method, any additional tax for the year of such change of method and for any subsequent year which is attributable to the  receipt of  installment  payments  properly  accrued  in  a prior year, shall be reduced by the portion of tax for any prior taxable year attributable to the accrual of such installment payments, in accordance with regulations of the tax commission.  (b) Resident, nonresident and part-year resident defined. (1) Resident individual. A resident  individual  means  an  individual:  (A)  who  is domiciled  in this state, unless (i) the taxpayer maintains no permanent place of abode in this state,  maintains  a  permanent  place  of  abode elsewhere,  and spends in the aggregate not more than thirty days of the taxable year in this state, or  (ii)  (I)  within  any  period  of  five hundred  forty-eight  consecutive  days  the  taxpayer  is  present in a foreign country or countries for at least four hundred fifty  days,  and (II)  during the period of five hundred forty-eight consecutive days the taxpayer, the taxpayer's spouse (unless the spouse is legally separated) and the taxpayer's minor children are not present in this state for more than ninety days, and  (III)  during  the  nonresident  portion  of  the taxable year with or within which the period of five hundred forty-eight consecutive  days begins and the nonresident portion of the taxable year with or within which the period ends, the taxpayer is  present  in  this state  for  a number of days which does not exceed an amount which bears the same ratio to ninety as the number of days contained in that portion of the taxable year bears to five hundred forty-eight, or  (B) who maintains a permanent place of abode in this state and  spends in  the aggregate more than one hundred eighty-three days of the taxable year in this state, whether or not  domiciled  in  this  state  for  any portion of the taxable year, unless such individual is in active service in the armed forces of the United States.  (2)   Nonresident   individual.  A  nonresident  individual  means  an individual who is not a resident or a part-year resident.  (3) Resident estate or trust. A resident estate or trust means:  (A)  the  estate  of a decedent who at his death was domiciled in this state,  (B) a  trust,  or  a  portion  of  a  trust,  consisting  of  property transferred by will of a decedent who at his death was domiciled in this state, or  (C) a trust, or portion of a trust, consisting of the property of:  (i)  a  person  domiciled  in this state at the time such property was transferred to the trust, if such trust or portion of a trust  was  then irrevocable, or if it was then revocable and has not subsequently become irrevocable; or  (ii)  a  person  domiciled  in  this  state at the time such trust, or portion of a trust, became irrevocable, if it was  revocable  when  such property  was  transferred  to  the  trust  but  has subsequently become irrevocable.  (D) (i) Provided, however, a resident trust  is  not  subject  to  tax under this article if all of the following conditions are satisfied:  (I) all the trustees are domiciled in a state other than New York;  (II)  the  entire  corpus  of  the trusts, including real and tangible property, is located outside the state of New York; and  (III) all income and gains of the trust are derived from or  connected with  sources  outside  of  the  state of New York, determined as if the trust were a non-resident trust.  (ii) For purposes of item (II) of clause  (i)  of  this  subparagraph, intangible property shall be located in this state if one or more of the trustees are domiciled in the state of New York.  (iii)  Provided  further,  that for the purposes of item (I) of clause (i) of this subparagraph, a trustee which is a  banking  corporation  as defined  in subsection (a) of section fourteen hundred fifty-two of this chapter, as such section was in effect  on  December  thirty-first,  two thousand  fourteen, and which is domiciled outside the state of New York at the time it becomes a  trustee  of  the  trust  shall  be  deemed  to continue  to  be  a  trustee  domiciled  outside  the  state of New York notwithstanding that it thereafter otherwise becomes a trustee domiciled in the state of New York by virtue of being acquired by, or becoming  an office  or  branch of, a corporate trustee domiciled within the state of New York.   For the purposes of the foregoing, a trust or portion of  a  trust  is revocable if it is subject to a power, exercisable immediately or at any future  time,  to  revest title in the person whose property constitutes such trust or portion of a trust, and a trust  or  portion  of  a  trust becomes  irrevocable  when  the  possibility  that  such  power  may  be exercised has been terminated.  (4) Nonresident estate or trust. (A) A  nonresident  estate  means  an estate which is not a resident.  (B)  A  nonresident  trust  means  a  trust which is not a resident or part-year resident.  (5) Part-year resident individual. A part-year resident individual  is an  individual  who  is  not  a  resident  or nonresident for the entire taxable year.  (6) Part-year resident trust. A part-year resident trust  is  a  trust which is not a resident or nonresident for the entire taxable year.  (c)   Tax   treatment  of  charitable  contributions  for  determining domicile.  Notwithstanding any other provision of any other law  to  the contrary,  the  making  of  a  financial  contribution,  gift,  bequest, donation or any other financial instrument or pledge in  any  amount  or the  donation  or  loan of any object of any value, or the volunteering, giving or donation of uncompensated time,  or  any  combination  of  the  foregoing,  considered a charitable contribution under subsection (c) of section one hundred seventy of  the  internal  revenue  code,  or  to  a not-for-profit  organization, as defined in subdivision seven of section one  hundred  seventy-nine-q of the state finance law, shall not be used in any manner to determine where an individual is domiciled.