2023 New York Laws › TAX - Tax › Article 30 - City Personal Income Tax › 1307 - Change of Resident Status.

§  1307.  Change  of  resident  status.  (a) General. If an individual
changes his status during his taxable year from city  resident  to  city
nonresident,  or  from  city nonresident to city resident, he shall file
one return as a city resident for the portion of the year  during  which
he is a city resident, and a return under a local law for the portion of
the  year  during  which  he  is  a  city  nonresident,  subject to such
exceptions as the state tax commission may prescribe by regulation. Such
return shall be due at the same time as the return for  the  portion  of
the year during which such individual is a city resident.
(b)  The  city taxable income for the portion of the year during which
an individual described in subsection (a) is a city resident  individual
shall  be  determined,  except  as provided in subsection (c), under the
rules provided in section six hundred thirty-eight of this  chapter,  as
if  he  were  computing his New York taxable income and his taxable year
for New York state personal income tax  purposes  were  limited  to  the
period of his city resident status.
(c)  When  an individual changes his status from city resident to city
nonresident, or from  city  nonresident  to  city  resident,  he  shall,
regardless  of  his  method  of  accounting, accrue any items of income,
gain,  loss,  deduction  or  ordinary  income  portion  of  a  lump  sum
distribution accruing prior to the change of status, with the applicable
modifications  and  adjustments  to  federal  adjusted  gross income and
itemized deductions under sections six hundred twelve  and  six  hundred
fifteen,  if not otherwise properly includible or allowable for New York
income tax purposes for such period or a prior taxable  year  under  his
method of accounting. Such accruals shall be made as provided in section
six hundred thirty-nine of this chapter.
(d)  Trusts.  If the status of a trust changes during its taxable year
from city resident to city nonresident, or from city nonresident to city
resident, the fiduciary shall file one return as a city  resident  trust
for  the  portion  of the year during which the trust is a city resident
trust, and a return under a local law for the portion of the year during
which the trust is a city nonresident trust, subject to such  exceptions
as the state tax commission may prescribe by regulations.
(e) The city taxable income for the portion of the year during which a
trust  described  in  subsection  (d)  is a city resident trust shall be
determined, except as  provided  in  subsection  (c),  under  the  rules
provided  in section six hundred thirty-eight of this chapter, as if its
New York taxable income were being computed and its taxable year for New
York state personal income tax purposes were limited to  the  period  of
its city resident status.
(f)  When  the  status  of  a trust changes from city resident to city
nonresident, or from  city  nonresident  to  city  resident,  it  shall,
regardless  of  its  method  of  accounting, accrue any items of income,
gain, loss or deduction accruing prior to the  change  of  status.  Such
accruals shall be made as provided in section six hundred thirty-nine of
this chapter.