2023 New York Laws › GCT - General City › Article 2-D - City Personal Income Tax on Residents › 25-A-34 - Change of Residence Status During the Year.

§ 34. Change  of residence status during the year.-- (a) General.-- If
an individual changes his status during his taxable year  from  resident
to  nonresident,  or  from  nonresident  to  resident, he shall file one
return as a resident for the portion of the year during which  he  is  a
resident,  and  an information return for the portion of the year during
which  he  is  a  nonresident,  subject  to  such  exceptions   as   the
administrator may prescribe by regulation. Such information return shall
be due at the same time as the return for the portion of the year during
which such individual is a resident.
(b)   City  taxable  income  for  portion  of  year  individual  is  a
resident.--The city taxable income for the portion of  the  year  during
which  he  is  a  resident  shall  be  determined, except as provided in
subdivision (c), under part II of this local law as if his taxable  year
for  federal  income  tax  purposes  were  limited  to the period of his
resident status.
(c) Special accruals.--(1) If an individual changes  his  status  from
resident   to  nonresident,  he  shall,  regardless  of  his  method  of
accounting, accrue for the portion of the taxable  year  prior  to  such
change  of  status any items of income, gain, loss or deduction accruing
prior to the change of status,  if  not  otherwise  properly  includible
(whether  or  not  because  of  an  election to report on an installment
basis) or allowable for city income tax purposes for such portion of the
taxable year or for a prior taxable year. The amounts  of  such  accrued
items shall be determined with the applicable modifications described in
sections  twelve and fifteen as if such accrued items were includible or
allowable for federal income tax purposes.
(2) If an individual changes his status from nonresident to  resident,
he shall, regardless of his method of accounting, accrue for the portion
of  the taxable year prior to such change of status any items of income,
gain, loss or deduction accruing prior to the change of status,  if  not
otherwise  properly includible (whether or not because of an election to
report on an installment basis) or  allowable  for  federal  income  tax
purposes  for  such  portion  of the taxable year or for a prior taxable
year. The amounts of such accrued items shall  be  determined  with  the
applicable  modifications described in sections twelve and fifteen as if
such accrued items were includible or allowable for federal  income  tax
purposes.
(3)  No item of income, gain, loss or deduction which is accrued under
this subdivision  shall  be  taken  into  account  in  determining  city
adjusted  gross income or the city itemized deduction for any subsequent
taxable period.
(4)  Where  an  individual  changes  his  status  from   resident   to
nonresident,  the  accruals under this subdivision shall not be required
if the individual files with the administrator a bond or other  security
acceptable  to  the  administrator,  conditioned  upon  the inclusion of
amounts accruable under this subdivision in city adjusted  gross  income
for  one  or  more subsequent taxable years as if the individual had not
changed his resident status.
(d) Prorations.--Where an individual changes  his  status  during  his
taxable  year  from  resident  to  nonresident  or  from  nonresident to
resident, the city personal exemptions allowable under  section  sixteen
shall  be  prorated,  under regulations of the administrator, to reflect
the portions of the entire taxable year during which the individual  was
a resident and a nonresident
(e) Standard deduction.--Where an individual changes his status during
his  taxable  year  from  resident to nonresident or from nonresident to
resident, the city standard deduction allowable shall be either ten  per
centum  of  city  adjusted  gross  income reported for the period during

which he is a resident, or one thousand dollars  prorated  according  to
the period covered by the return, whichever is less.