2023 New York Laws › TAX - Tax › Article 22 - Personal Income Tax › Part 1 - General › 601 - Imposition of Tax.

§  601.  Imposition  of tax.   (a) Resident married individuals filing
joint returns and resident surviving spouses. There  is  hereby  imposed
for  each  taxable year on the New York taxable income of every resident
married individual who makes a single return  jointly  with  his  spouse
under  subsection  (b)  of  section six hundred fifty-one and on the New
York taxable income of every resident surviving spouse a tax  determined
in accordance with the following tables:
(1)  (A)  For  taxable  years  beginning after two thousand eleven and
before two thousand eighteen:
 
If the New York taxable income is:    The tax is:
Not over $16,000                      4% of taxable income
Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000     $1,120 plus 5.90% of excess over
$26,000
Over $40,000 but not over $150,000    $1,946 plus 6.45% of excess over
$40,000
Over $150,000 but not over $300,000   $9,041 plus 6.65% of excess over
$150,000
Over $300,000 but not over $2,000,000 $19,016 plus 6.85% of excess over
$300,000
Over $2,000,000                       $135,466 plus 8.82% of excess over
$2,000,000
(B)(i) For taxable  years  beginning  in  two  thousand  eighteen  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable
income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550    $2,093 plus 6.33% of excess over
$43,000
Over $161,550 but not over $323,200   $9,597 plus 6.57% of excess over
$161,550
Over $323,200 but not over $2,155,350 $20,218 plus 6.85% of excess over
$323,200
Over $2,155,350                       $145,720 plus 8.82% of excess over
$2,155,350
(ii)  For  taxable  years  beginning  in  two  thousand  nineteen  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable
income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550    $2,093 plus 6.21% of excess over
$43,000
Over $161,550 but not over $323,200   $9,455 plus 6.49% of excess over
$161,550
Over $323,200 but not over $2,155,350 $19,946 plus 6.85% of excess over
$323,200
Over $2,155,350                       $145,448 plus 8.82% of excess over
$2,155,350
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550    $2,093 plus 6.09% of excess over
$43,000
Over $161,550 but not over $323,200   $9,313 plus 6.41% of excess over
$161,550
Over $323,200 but not over            $19,674 plus 6.85% of excess
$2,155,350                            $323,200 over
Over $2,155,350                       $145,177 plus 8.82% of excess over
$2,155,350
(iv)  For  taxable  years  beginning  in  two  thousand twenty-one the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550    $2,093 plus 5.97% of excess over
$43,000
Over $161,550 but not over $323,200   $9,170 plus 6.33% of excess over
$161,550
Over $323,200 but not over            $19,403 plus 6.85% of excess
$2,155,350                            over  $323,200
Over $2,155,350 but not over          $144,905 plus 9.65% of excess over
$5,000,000                            $2,155,350
Over $5,000,000 but not over          $419,414 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,479,414 plus 10.90% of excess over
$25,000,000
(v) For  taxable  years  beginning  in  two  thousand  twenty-two  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $161,550    $1,202 plus 5.85% of excess over
$27,900
Over $161,550 but not over $323,200   $9,021 plus 6.25% of excess over
$161,550
Over $323,200 but not over            $19,124 plus
$2,155,350                            6.85% of excess over $323,200
Over $2,155,350 but not over          $144,626 plus 9.65% of excess over
$5,000,000                            $2,155,350
Over $5,000,000 but not over          $419,135 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,479,135 plus 10.90% of excess over
$25,000,000
(vi)  For  taxable  years  beginning  in two thousand twenty-three and
before two thousand twenty-eight the following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $161,550    $1,202 plus 5.5% of excess over
$27,900
Over $161,550 but not over $323,200   $8,553 plus 6.00% of excess over
$161,550
Over $323,200 but not over            $18,252 plus 6.85% of excess over
$2,155,350                            $323,200
Over $2,155,350 but not over          $143,754 plus 9.65% of excess over
$5,000,000                            $2,155,350
Over $5,000,000 but not over          $418,263 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,478,263 plus 10.90% of excess over
$25,000,000
(vii) For taxable years beginning after two thousand twenty-seven  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $161,550    $1,202 plus 5.5% of excess over
$27,900
Over $161,550 but not over $323,200   $8,553 plus 6.00% of excess
over $161,550
Over $323,200 but not over            $18,252 plus 6.85% of excess
$2,155,350                            over $323,200
Over $2,155,350                       $143,754 plus  8.82% of excess
over $2,155,350
(1-a)  For taxable years beginning after two thousand eight and before
two thousand twelve:
 
If the New York taxable income is:    The tax is:
Not over $16,000                      4% of the New York taxable
income
Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
$26,000
Over $40,000 but not over $300,000    $1,946 plus 6.85% of excess over
$40,000
Over $300,000 but not over $500,000   $19,756 plus 7.85% of excess over
$300,000
Over $500,000                         $35,456 plus 8.97% of excess over
$500,000
(2) For taxable years beginning after two thousand five and before two
thousand nine:
 
If the New York taxable income is:    The tax is:
Not over $16,000                      4% of the New York taxable
income
Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
$26,000
Over $40,000                          $1,946 plus 6.85% of excess over
$40,000
(3) For taxable years beginning in two thousand five:
 
If the New York taxable income is:    The tax is:
Not over $16,000                      4% of the New York taxable
income
Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
$26,000
Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000   $9,481 plus 7.25% of excess over
$150,000
Over $500,000                         $34,856 plus 7.7% of excess over
$500,000
(4) For taxable years beginning in two thousand four:
 
If the New York taxable income is:    The tax is:
Not over $16,000                      4% of the New York taxable
income
Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
$26,000
Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000   $9,481 plus 7.375% of excess over
$150,000
Over $500,000                         $35,294 plus 7.7% of excess over
$500,000
(5) For taxable years beginning in two thousand three:
 
If the New York taxable income is:    The tax is:
Not over $16,000                      4% of the New York taxable
income
Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
$26,000
Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000   $9,481 plus 7.5% of excess over
$150,000
Over $500,000                         $35,731 plus 7.7% of excess over
$500,000
(6)  For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
 
If the New York taxable income is:    The tax is:
Not over $16,000                      4% of the New York taxable
income
Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
$26,000
Over $40,000                          $1,946 plus 6.85% of excess over
$40,000
(7) For taxable years beginning in nineteen hundred ninety-six:
 
If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $16,000     $440 plus 5% of excess over
$11,000
Over $16,000 but not over $22,000     $690 plus 6% of excess over
$16,000
Over $22,000                          $1,050 plus 7% of excess over
$22,000
(8) For taxable years beginning in nineteen hundred ninety-five:
 
If the New York taxable income is:    The tax is:
Not over $13,000                      4.55% of the New York taxable
income
Over $13,000 but not over $19,000     $592 plus 5.55% of excess over
$13,000
Over $19,000 but not over $25,000     $925 plus 6.55% of excess over
$19,000
Over $25,000                          $1,318 plus 7.5% of excess over
$25,000
(9) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:

If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $16,000     $440 plus 5% of excess over
$11,000
Over $16,000 but not over $22,000     $690 plus 6% of excess over
$16,000
Over $22,000 but not over $26,000     $1,050 plus 7% of excess over
$22,000
Over $26,000                          $1,330 plus 7.875% of excess over
$26,000
(b)  Resident  heads  of  households. There is hereby imposed for each
taxable year on the New York taxable income of every resident head of  a
household a tax determined in accordance with the following tables:
(1)  (A)  For  taxable  years  beginning after two thousand eleven and
before two thousand eighteen:
 
If the New York taxable income is:    The tax is:
 
Not over $12,000                      4% of taxable income
Over $12,000 but not over $16,500     $480 plus 4.5% of excess over
$12,000
Over $16,500 but not over $19,500     $683 plus 5.25% of excess over
$16,500
Over $19,500 but not over $30,000     $840 plus 5.90% of excess over
$19,500
Over $30,000 but not over $100,000    $1,460 plus 6.45% of excess over
$30,000
Over $100,000 but not over $250,000   $5,975 plus 6.65% of excess over
$100,000
Over $250,000 but not over $1,500,000 $15,950 plus 6.85% of excess over
$250,000
Over $1,500,000                       $101,575 plus 8.82% of excess over
$1,500,000
(B)(i) For taxable  years  beginning  in  two  thousand  eighteen  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.33% of excess over
$32,200
Over $107,650 but not over $269,300   $6,344 plus 6.57% of excess over
$107,650
Over $269,300 but not over $1,616,450 $16,964 plus 6.85% of excess over
$269,300
Over $1,616,450                       $109,244 plus 8.82% of excess over
$1,616,450
(ii)  For  taxable  years  beginning  in  two  thousand  nineteen  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.21% of excess over
$32,200
Over $107,650 but not over $269,300   $6,253 plus 6.49% of excess over
$107,650
Over $269,300 but not over $1,616,450 $16,744 plus 6.85% of excess over
$269,300
Over $1,616,450                       $109,024 plus 8.82% of excess over
$1,616,450
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.09% of excess over
$32,200
Over $107,650 but not over $269,300   $6,162 plus 6.41% of excess over
$107,650
Over $269,300 but not over            $16,524 plus 6.85% of
$1,616,450                            excess over $269,300
Over $1,616,450                       $108,804 plus 8.82% of excess over
$1,616,450
(iv)  For  taxable  years  beginning  in  two  thousand twenty-one the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over
$12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over
$20,900
Over $32,200 but not over $107,650    $1,568 plus 5.97% of excess over
$32,200
Over $107,650 but not over $269,300   $6,072 plus 6.33% of excess over
$107,650
Over $269,300 but not over            $16,304 plus 6.85% of excess over
$1,616,450                            $269,300
Over $1,616,450 but not over          $108,584 plus 9.65% of excess over
$5,000,000                            $1,616,450
Over $5,000,000 but not over          $435,097 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,495,097 plus 10.90% of excess over
$25,000,000
(v) For  taxable  years  beginning  in  two  thousand  twenty-two  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over
$12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $107,650    $901 plus 5.85% of excess over
$20,900
Over $107,650 but not over $269,300   $5,976 plus 6.25% of excess over
$107,650
Over $269,300 but not over            $16,079 plus 6.85% of excess
$1,616,450                            over $269,300
Over $1,616,450 but not over          $108,359 plus 9.65% of excess over
$5,000,000                            $1,616,450
Over $5,000,000 but not over          $434,871 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,494,871 plus 10.90% of excess over
$25,000,000
(vi)  For  taxable  years  beginning  in two thousand twenty-three and
before two thousand twenty-eight the following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over
$12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $107,650    $901 plus 5.5% of excess over
$20,900
Over $107,650 but not over $269,300   $5,672 plus 6.00% of excess over
$107,650
Over $269,300 but not over            $15,371 plus 6.85% of excess over
$1,616,450                            $269,300
Over $1,616,450 but not over          $107,651 plus 9.65% of excess over
$5,000,000                            $1,616,450
Over $5,000,000 but not over          $434,163 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,494,163 plus 10.90% of excess over
$25,000,000
(vii) For taxable years beginning after two thousand twenty-seven  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over             $512 plus 4.5% of excess over
$17,650                               $12,800
Over $17,650 but not over             $730 plus 5.25% of excess over
$20,900                               $17,650
Over $20,900 but not over             $901 plus 5.5% of excess over
$107,650                              $20,900
Over $107,650 but not over            $5,672 plus 6.00% of excess
$269,300                              over $107,650
Over $269,300 but not over            $15,371 plus 6.85% of excess
$1,616,450                            over $269,300
Over $1,616,450                       $107,651 plus  8.82% of excess
over $1,616,450
(1-a)  For taxable years beginning after two thousand eight and before
two thousand twelve:
 
If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
$17,000
Over $30,000 but not over $250,000    $1,492 plus 6.85% of excess over
$30,000
Over $250,000 but not over $500,000   $16,562 plus 7.85% of excess over
$250,000
Over $500,000                         $36,187 plus 8.97% of excess over
$500,000
(2) For taxable years beginning after two thousand five and before two
thousand nine:
 
If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
$17,000
Over $30,000                          $1,492 plus 6.85% of excess over
$30,000
(3) For taxable years beginning in two thousand five:
 
If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
$17,000
Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000   $8,000 plus 7.25% of excess over
$125,000
Over $500,000                         $35,187 plus 7.7% of excess over
$500,000
(4) For taxable years beginning in two thousand four:
 
If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
$17,000
Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000   $8,000 plus 7.375% of excess over
$125,000
Over $500,000                         $35,656 plus 7.7% of excess over
$500,000
(5) For taxable years beginning in two thousand three:
 
If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
$17,000
Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000   $8,000 plus 7.5% of excess over
$125,000
Over $500,000                         $36,125 plus 7.7% of excess over
$500,000
(6)  For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
 
If the New York taxable income is:    The tax is:
Not over $11,000                      4% of the New York taxable
income
Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
$17,000
Over $30,000                          $1,492 plus 6.85% of excess over
$30,000
(7) For taxable years beginning in nineteen hundred ninety-six:
 
If the New York taxable income is:    The tax is:
Not over $7,500                       4% of the New York taxable
income
Over $7,500 but not over $11,000      $300 plus 5% of excess over
$7,500
Over $11,000 but not over $15,000     $475 plus 6% of excess over
$11,000
Over $15,000                          $ 715 plus 7% of excess over
$15,000
(8) For taxable years beginning in nineteen hundred ninety-five:
 
If the New York taxable income is:    The tax is:
Not over $9,000                       4.55% of the New York taxable
income
Over $9,000 but not over $14,000      $410 plus 5.55% of excess over
$9,000
Over $14,000 but not over $19,000     $687 plus 6.55% of excess over
$14,000
Over $19,000                          $1,015 plus 7.5% of excess over
$19,000
(9) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
 
If the New York taxable income is:    The tax is:
Not over $7,500                       4% of the New York taxable
income
Over $7,500 but not over $11,000      $300 plus 5% of excess over
$7,500
Over $11,000 but not over $15,000     $475 plus 6% of excess over
$11,000
Over $15,000 but not over $17,000     $715 plus 7% of excess over
$15,000
Over $17,000                          $855 plus 7.875% of excess over
$17,000
(c)  Resident  unmarried  individuals,  resident  married  individuals
filing separate returns and resident estates and trusts. There is hereby
imposed for each taxable year on the New York taxable  income  of  every
resident  individual  who is not a married individual who makes a single
return jointly with his spouse  under  subsection  (b)  of  section  six
hundred  fifty-one  or  a  resident  head  of  a household or a resident
surviving spouse, and on the New York taxable income of  every  resident
estate  and  trust  a  tax  determined  in accordance with the following
tables:
(1) (A) For taxable years beginning  after  two  thousand  eleven  and
before two thousand eighteen:
 
If the New York taxable income is:    The tax is:
Not over $8,000                       4% of taxable income
Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000     $560 plus 5.90% of excess over
$13,000
Over $20,000 but not over $75,000     $973 plus 6.45% of excess over
$20,000
Over $75,000 but not over $200,000    $4,521 plus 6.65% of excess over
$75,000
Over $200,000 but not over $1,000,000 $12,833 plus 6.85% of excess over
$200,000
Over $1,000,000                       $67,633 plus 8.82% of excess over
$1,000,000
(B)(i)  For  taxable  years  beginning  in  two  thousand eighteen the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650     $1,042 plus 6.33% of excess over
$21,400
Over $80,650 but not over $215,400    $4,793 plus 6.57% of excess over
$80,650
Over $215,400 but not over $1,077,550 $13,646 plus 6.85% of excess over
$215,400
Over $1,077,550                       $72,703 plus 8.82% of excess over
$1,077,550
(ii)  For  taxable  years  beginning  in  two  thousand  nineteen  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650     $1,042 plus 6.21% of excess over
$21,400
Over $80,650 but not over $215,400    $4,721 plus 6.49% of excess over
$80,650
Over $215,400 but not over $1,077,550 $13,467 plus 6.85% of excess over
$215,400
Over $1,077,550                       $72,524 plus 8.82% of excess over
$1,077,550
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650     $1,042 plus 6.09% of excess over
$21,400
Over $80,650 but not over $215,400    $4,650 plus 6.41% of excess over
$80,650
Over $215,400 but not over            $13,288 plus 6.85% of excess
$1,077,550                            over $215,400
Over $1,077,550                       $72,345 plus 8.82% of excess over
$1,077,550
(iv) For taxable  years  beginning  in  two  thousand  twenty-one  the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650     $1,042 plus 5.97% of excess over
$21,400
Over $80,650 but not over $215,400    $4,579 plus 6.33% of excess over
$80,650
Over $215,400 but not over            $13,109 plus 6.85% of excess
$1,077,550                            over $215,400
Over $1,077,550 but not over          $72,166 plus 9.65% of excess over
$5,000,000                            $1,077,550
Over $5,000,000 but not over          $450,683 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,510,683 plus 10.90% of excess over
$25,000,000
(v)  For  taxable  years  beginning  in  two  thousand  twenty-two the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $80,650     $600 plus 5.85% of excess over
$13,900
Over $80,650 but not over $215,400    $4,504 plus 6.25% of excess over
$80,650
Over $215,400 but not over            $12,926 plus 6.85% of excess
$1,077,550                            over $215,400
Over $1,077,550 but not over          $71,984 plus 9.65% of excess over
$5,000,000                            $1,077,550
Over $5,000,000 but not over          $450,500 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,510,500 plus 10.90% of excess over
$25,000,000
(vi) For taxable years beginning  in  two  thousand  twenty-three  and
before two thousand twenty-eight the following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $80,650     $600 plus 5.50% of excess over
$13,900
Over $80,650 but not over $215,400    $4,271 plus 6.00% of excess over
$80,650
Over $215,400 but not over            $12,356 plus 6.85% of excess over
$1,077,550                            $215,400
Over $1,077,550 but not over          $71,413 plus 9.65% of excess over
$5,000,000                            $1,077,550
Over $5,000,000 but not over          $449,929 plus 10.30% of excess over
$25,000,000                           $5,000,000
Over $25,000,000                      $2,509,929 plus 10.90% of excess over
$25,000,000
(vii)  For taxable years beginning after two thousand twenty-seven the
following rates shall apply:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $80,650     $600 plus 5.50% of excess over
$13,900
Over $80,650 but not over $215,400    $4,271 plus 6.00% of excess
over $80,650
Over $215,400 but not over            $12,356 plus 6.85% of excess
$1,077,550                            over $215,400
Over $1,077,550                       $71,413 plus 8.82% of excess
over $1,077,550
(1-a)  For taxable years beginning after two thousand eight and before
two thousand twelve:
 
If the New York taxable income is:    The tax is:
Not over $8,000                       4% of the New York taxable
income
Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
$13,000
Over $20,000 but not over $200,000    $973 plus 6.85% of excess over
$20,000
Over $200,000 but not over $500,000   $13,303 plus 7.85% of excess over
$200,000
Over $500,000                         $36,853 plus 8.97% of excess over
$500,000
(2) For taxable years beginning after two thousand five and before two
thousand nine:
 
If the New York taxable income is:    The tax is:
Not over $8,000                       4% of the New York taxable
income
Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
$13,000
Over $20,000                          $973 plus 6.85% of excess over
$20,000
(3) For taxable years beginning in two thousand five:
 
If the New York taxable income is:    The tax is:
Not over $8,000                       4% of the New York taxable
income
Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
$13,000
Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000   $6,453 plus 7.25% of excess over
$100,000
Over $500,000                         $35,453 plus 7.7% of excess over
$500,000
(4) For taxable years beginning in two thousand four:
 
If the New York taxable income is:    The tax is:
Not over $8,000                       4% of the New York taxable
income
Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
$13,000
Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000   $6,453 plus 7.375% of excess over
$100,000
Over $500,000                         $35,953 plus 7.7% of excess over
$500,000
(5) For taxable years beginning in two thousand three:
 
If the New York taxable income is:    The tax is:
Not over $8,000                       4% of the New York taxable
income
Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
$13,000
Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000   $6,453 plus 7.5% of excess over
$100,000
Over $500,000                         $36,453 plus 7.7% of excess over
$500,000
(6)  For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
 
If the New York taxable income is:    The tax is:
Not over $8,000                       4% of the New York taxable
income
Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
$13,000
Over $20,000                          $973 plus 6.85% of excess over
$20,000
(7) For taxable years beginning in nineteen hundred ninety-six:
 
If the New York taxable income is:    The tax is:
Not over $5,500                       4% of the New York taxable
income
Over $5,500 but not over $8,000       $220 plus 5% of excess over
$5,500
Over $8,000 but not over $11,000      $345 plus 6% of excess over
$8,000
Over $11,000                          $525 plus 7% of excess over
$11,000
(8) For taxable years beginning in nineteen hundred ninety-five:
 
If the New York taxable income is:    The tax is:
Not over $6,500                       4.55% of the New York taxable
income
Over $6,500 but not over $9,500       $296 plus 5.55% of excess over
$6,500
Over $9,500 but not over $12,500      $462 plus 6.55% of excess over
$9,500
Over $12,500                          $659 plus 7.5% of excess over
$12,500
(9) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
 
If the New York taxable
income is:                            The tax is:
Not over $5,500                       4% of the New York taxable
income
Over $5,500 but not over $8,000       $220 plus 5% of excess over
$5,500
Over $8,000 but not over $11,000      $345 plus 6% of excess over
$8,000
Over $11,000 but not over $13,000     $525 plus 7% of excess over
$11,000
Over $13,000                          $665 plus 7.875% of excess over
$13,000
(d)  Tax  table  benefit  recapture. For taxable years beginning after
nineteen hundred ninety, there is hereby imposed a supplemental  tax  in
addition  to  the tax imposed under subsections (a), (b) and (c) of this
section for the purpose of recapturing the benefit  of  the  tax  tables
contained in such subsections or section six hundred ninety-nine of this
article,  as  the  case  may be. The supplemental tax shall be an amount
equal to the sum of the tax table benefits in paragraphs  one,  two  and
three  of  this  subsection  multiplied by their respective fractions in
such paragraphs provided, however, that paragraph two of this subsection
shall not apply to taxpayers that are not subject to the second  highest
rate of tax.
(1)  Resident  married  individuals  filing  joint  returns,  resident
surviving spouses, resident  heads  of  households,  resident  unmarried
individuals,  resident  married  individuals filing separate returns and
resident estates and trusts. (A) The tax table benefit is the difference
between (i) the amount of taxable income set forth in the tax  table  in
subsection  (a),  (b) or (c), of this section, as the case may be, or in
section six hundred ninety-nine, as the case may be, not subject to  the
6.85  percent  rate  of tax for the taxable year multiplied by such rate
and (ii) the dollar denominated tax for such amount  of  taxable  income
set  forth in the tax table applicable to the taxable year in subsection

(a), (b) or (c) of this section, as the case  may  be,  or  section  six
hundred ninety-nine, as the case may be.
(B)  The  fraction is computed as follows: the numerator is the lesser
of fifty thousand dollars or the  excess  of  New  York  adjusted  gross
income  for  the  taxable year over one hundred thousand dollars and the
denominator is fifty thousand dollars.
(2) Resident  married  individuals  filing  joint  returns,  surviving
spouses,  resident  heads of households, resident unmarried individuals,
resident  married  individuals  filing  separate  returns  and  resident
estates  and trusts. (A) The tax table benefit is the difference between
(i) the amount  of  taxable  income  set  forth  in  the  tax  table  in
subsection  (a),  (b)  or  (c)  of this section, as the case may be, not
subject to  the  second  highest  rate  of  tax  for  the  taxable  year
multiplied  by  such rate and (ii) the second highest dollar denominated
tax for such amount of  taxable  income  set  forth  in  the  tax  table
applicable  to  the  taxable  year in subsection (a), (b) or (c) of this
section, as the case may be, less the tax table benefit in paragraph one
of this subsection.
(B) For taxable years beginning after two thousand two and before  two
thousand  six, the fraction is computed as follows: the numerator is the
lesser of fifty thousand dollars or the  excess  of  New  York  adjusted
gross  income  for  the  taxable  year  over  one hundred fifty thousand
dollars and the denominator is fifty thousand dollars. For taxable years
beginning after two thousand eight and before two thousand  twelve,  the
fraction  is  computed  as follows: the numerator is the lesser of fifty
thousand dollars or the excess of New York adjusted gross income for the
taxable year over three hundred thousand dollars and the denominator  is
fifty thousand dollars.
(C)  This  paragraph shall only apply to taxable years beginning after
two thousand two and before two thousand  six  and  after  two  thousand
eight and before two thousand twelve.
(3)  Resident  married  individuals  filing  joint  returns, surviving
spouses, resident heads of households, resident  unmarried  individuals,
resident  married  individuals  filing  separate  returns  and  resident
estates and trusts. (A) The tax table benefit is the difference  between
(i)  the  amount  of  taxable  income  set  forth  in  the  tax table in
subsection (a), (b) or (c) of this section, as  the  case  may  be,  not
subject  to  the  highest rate of tax for the taxable year multiplied by
such rate and (ii) the highest dollar denominated tax set forth  in  the
tax  table  applicable to the taxable year in subsection (a), (b) or (c)
of this section, as the case may be, less  the  sum  of  the  tax  table
benefits in paragraphs one and two of this subsection.
(B)  For  such  taxpayers with adjusted gross income over five hundred
thousand dollars, for taxable years beginning after two  thousand  eight
and before two thousand twelve, the fraction is computed as follows: the
numerator  is  the lesser of fifty thousand dollars or the excess of New
York adjusted gross income  for  the  taxable  year  over  five  hundred
thousand   dollars  and  the  denominator  is  fifty  thousand  dollars.
Provided, however, that the total tax prior to the  application  of  any
tax  credits  shall  not exceed the highest rate of tax set forth in the
tax table in subsection (a) of this section multiplied by the taxpayer's
taxable income.
(C) This paragraph shall only apply to taxable years  beginning  after
two  thousand  two  and  before  two thousand six and after two thousand
eight and before two thousand twelve.
(d-1) Alternative tax table  benefit  recapture.  Notwithstanding  the
provisions  of  subsection  (d)  of  this  section,  for  taxable  years
beginning  after  two  thousand  eleven,  there  is  hereby  imposed   a

supplemental  tax  in addition to the tax imposed under subsections (a),
(b) and (c) of this section for the purpose of recapturing  the  benefit
of  the  tax  tables contained in such subsections. During these taxable
years,  any  reference in this chapter to subsection (d) of this section
shall be read as a reference to this subsection.
(1) For resident married individuals filing joint returns and resident
surviving spouses, the supplemental tax shall be an amount equal to  the
sum  of  the tax table benefits described in subparagraphs (A), (B), (C)
and (D) of this paragraph multiplied by their  respective  fractions  in
such subparagraphs. Furthermore, in making the calculations described in
these  subparagraphs  in  taxable  years  beginning  after  tax year two
thousand seventeen, the applicable tax rates specified  in  subparagraph
(B)  of  paragraph  one  of  subsection  (a)  of  this  section shall be
substituted for the rates referenced in these subparagraphs.
(A) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a)  of this section not subject to the 6.45 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the taxable year in paragraph one of subsection (a) of this section.
The fraction for this subparagraph is computed as follows: the numerator
is the lesser of fifty thousand  dollars  or  the  excess  of  New  York
adjusted  gross  income  for  the taxable year over one hundred thousand
dollars and the denominator is fifty thousand dollars.
(B) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a)  of this section not subject to the 6.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (a) of this section
less the tax table benefit in subparagraph (A) of  this  paragraph.  The
fraction  for this subparagraph is computed as follows: the numerator is
the lesser of fifty thousand dollars or the excess of New York  adjusted
gross  income  for  the  taxable  year  over  one hundred fifty thousand
dollars  and  the  denominator  is  fifty  thousand  dollars.  Provided,
however,  this  subparagraph  shall  not  apply to taxpayers who are not
subject to the 6.65 percent tax rate.
(C) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a)  of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefit in subparagraphs (A)  and  (B)  of
this  paragraph.  The  fraction  for  this  subparagraph  is computed as
follows: the numerator is the lesser of fifty thousand  dollars  or  the
excess of New York adjusted gross income for the taxable year over three
hundred  thousand dollars and the denominator is fifty thousand dollars.
Provided, however, this subparagraph shall not apply  to  taxpayers  who
are not subject to the 6.85 percent tax rate.
(D)  The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 8.82 percent rate of tax for  the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of  this  section
less the sum of the tax table benefits in subparagraphs (A), (B) and (C)
of  this  paragraph.  The  fraction for this subparagraph is computed as

follows: the numerator is the lesser of fifty thousand  dollars  or  the
excess  of  New York adjusted gross income for the taxable year over two
million dollars and the denominator  is  fifty  thousand  dollars.  This
subparagraph  shall  apply  only  to taxable years beginning on or after
January first,  two  thousand  twelve  and  before  January  first,  two
thousand  twenty-one  and  for  tax  years beginning on or after January
first, two thousand twenty-eight.
(E) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a)  of this section not subject to the 9.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs  (A),  (B),  and
(C) of this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of  New York adjusted gross income for the taxable year over two million
dollars and the denominator is fifty thousand dollars. This subparagraph
shall apply only to the taxable years  beginning  on  or  after  January
first,  two  thousand  twenty-one and before January first, two thousand
twenty-eight.
(F) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.30 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of  this  section
less  the  sum  of the tax table benefits in subparagraphs (A), (B), (C)
and (E) of  this  paragraph.  The  fraction  for  this  subparagraph  is
computed  as  follows:  the  numerator  is  the lesser of fifty thousand
dollars or excess of New York adjusted gross income for the taxable year
over five million dollars and the denominator is fifty thousand dollars.
This subparagraph shall apply only to the taxable years beginning on  or
after  January  first, two thousand twenty-one and before January first,
two thousand twenty-eight.
(G) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.90 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of  this  section
less  the  sum of the tax table benefits in subparagraphs (A), (B), (C),
(E) and (F) of this paragraph. The fraction  for  this  subparagraph  is
computed  as  follows:  the  numerator  is  the lesser of fifty thousand
dollars or excess of New York adjusted gross income for the taxable year
over twenty-five million dollars and the denominator is  fifty  thousand
dollars.  This  subparagraph  shall  apply  only  to  the  taxable years
beginning on or after January first, two thousand twenty-one and  before
January first, two thousand twenty-eight.
(H)  Provided,  however, the total tax prior to the application of any
tax credits shall not exceed the highest rate of tax set  forth  in  the
tax  tables  in  subsection  (a)  of  this  section  multiplied  by  the
taxpayer's taxable income.
(2) For resident heads of households, the supplemental tax shall be an
amount equal  to  the  sum  of  the  tax  table  benefits  described  in
subparagraphs  (A),  (B)  and  (C) of this paragraph multiplied by their
respective fractions in such subparagraphs. Furthermore, in  making  the
calculations described in these subparagraphs in taxable years beginning

after  tax  year  two  thousand  seventeen,  the  applicable  tax  rates
specified in subparagraph (B) of paragraph one of subsection (b) of this
section  shall  be  substituted  for  the  rates  referenced  in   these
subparagraphs.
(A)  The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 6.65 percent rate of tax for  the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this  section.
The fraction for this subparagraph is computed as follows: the numerator
is  the  lesser  of  fifty  thousand  dollars  or the excess of New York
adjusted gross income for the taxable year  over  one  hundred  thousand
dollars and the denominator is fifty thousand dollars.
(B)  The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 6.85 percent rate of tax for  the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of  this  section
less  the  tax  table benefit in subparagraph (A) of this paragraph. The
fraction for this subparagraph is computed as follows: the numerator  is
the  lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the  taxable  year  over  two  hundred  fifty  thousand
dollars  and  the  denominator  is  fifty  thousand  dollars.  Provided,
however, this subparagraph shall not apply  to  taxpayers  who  are  not
subject to the 6.85 percent tax rate.
(C)  The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 8.82 percent rate of tax for  the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of  this  section
less  the  sum of the tax table benefits in subparagraphs (A) and (B) of
this paragraph. The  fraction  for  this  subparagraph  is  computed  as
follows:  the  numerator  is the lesser of fifty thousand dollars or the
excess of New York adjusted gross income for the taxable year  over  one
million  five  hundred  thousand  dollars  and  the denominator is fifty
thousand dollars. This subparagraph shall apply only  to  taxable  years
beginning  on  or  after  January  first, two thousand twelve and before
January first, two thousand twenty-one and for tax years beginning on or
after January first, two thousand twenty-eight.
(D) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a)  of this section not subject to the 9.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A) and  (B)  of
this  paragraph.  The  fraction  for  this  subparagraph  is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over one  million
five  hundred  thousand  dollars  and  the denominator is fifty thousand
dollars. This  subparagraph  shall  apply  only  to  the  taxable  years
beginning  on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.
(E) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection

(a) of this section not subject to the 10.30 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to  the  taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B) and (D)
of this paragraph. The fraction for this  subparagraph  is  computed  as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over five million
dollars and the denominator is fifty thousand dollars. This subparagraph
shall  apply  only  to  the  taxable years beginning on or after January
first, two thousand twenty-one and before January  first,  two  thousand
twenty-eight.
(F)  The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.90 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs  (A),  (B),  (D)
and  (E)  of  this  paragraph.  The  fraction  for  this subparagraph is
computed as follows: the numerator  is  the  lesser  of  fifty  thousand
dollars or excess of New York adjusted gross income for the taxable year
over  twenty-five  million dollars and the denominator is fifty thousand
dollars. This  subparagraph  shall  apply  only  to  the  taxable  years
beginning  on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.
(G) Provided, however, the total tax prior to the application  of  any
tax  credits  shall  not exceed the highest rate of tax set forth in the
tax  tables  in  subsection  (b)  of  this  section  multiplied  by  the
taxpayer's taxable income.
(3)  For  resident unmarried individuals, resident married individuals
filing  separate  returns  and  resident   estates   and   trusts,   the
supplemental  tax  shall  be an amount equal to the sum of the tax table
benefits described in subparagraphs (A), (B) and (C) of  this  paragraph
multiplied   by   their  respective  fractions  in  such  subparagraphs.
Furthermore, in making the calculations described in these subparagraphs
in taxable years beginning after tax year two  thousand  seventeen,  the
applicable  tax  rates specified in subparagraph (B) of paragraph one of
subsection (c) of this  section  shall  be  substituted  for  the  rates
referenced in these subparagraphs.
(A)  The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(c) of this section not subject to the 6.65 percent rate of tax for  the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (c) of this  section.
The  fraction  is  computed  as  follows: the numerator is the lesser of
fifty thousand dollars or the excess of New York adjusted  gross  income
for  the  taxable  year  over  one  hundred  thousand  dollars  and  the
denominator is fifty thousand dollars.
(B) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(c)  of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (c) of this section
less the tax table benefit in subparagraph (A) of  this  paragraph.  The
fraction  for this subparagraph is computed as follows: the numerator is

the lesser of fifty thousand dollars or the excess of New York  adjusted
gross  income for the taxable year over two hundred thousand dollars and
the denominator is  fifty  thousand  dollars.  Provided,  however,  this
subparagraph  shall  not  apply  to taxpayers who are not subject to the
6.85 percent tax rate.
(C) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(c)  of this section not subject to the 8.82 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (c) of this section
less the sum of the tax table benefits in subparagraphs (A) and  (B)  of
this  paragraph.  The  fraction  for  this  subparagraph  is computed as
follows: the numerator is the lesser of fifty thousand  dollars  or  the
excess  of  New York adjusted gross income for the taxable year over one
million dollars and the denominator  is  fifty  thousand  dollars.  This
subparagraph  shall  apply  only  to taxable years beginning on or after
January first,  two  thousand  twelve  and  before  January  first,  two
thousand  twenty-one  and  for  tax  years beginning on or after January
first, two thousand twenty-eight.
(D) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a)  of this section not subject to the 9.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table  applicable
to  the  taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A) and  (B)  of
this  paragraph.  The  fraction  for  this  subparagraph  is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over one  million
five  hundred  thousand  dollars  and  the denominator is fifty thousand
dollars. This  subparagraph  shall  apply  only  to  the  taxable  years
beginning  on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.
(E) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.30 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of  this  section
less the sum of the tax table benefits in subparagraphs (A), (B) and (D)
of  this  paragraph.  The  fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over five million
dollars and the denominator is fifty thousand dollars. This subparagraph
shall apply only to the taxable years  beginning  on  or  after  January
first,  two  thousand  twenty-one and before January first, two thousand
twenty-eight.
(F) The tax table benefit is the difference between (i) the amount  of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.90 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for  such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of  this  section
less  the  sum  of the tax table benefits in subparagraphs (A), (B), (D)
and (E) of  this  paragraph.  The  fraction  for  this  subparagraph  is
computed  as  follows:  the  numerator  is  the lesser of fifty thousand
dollars or excess of New York adjusted gross income for the taxable year

over twenty-five million dollars and the denominator is  fifty  thousand
dollars.  This  subparagraph  shall  apply  only  to  the  taxable years
beginning on or after January first, two thousand twenty-one and  before
January first, two thousand twenty-eight.
(G)  Provided,  however, the total tax prior to the application of any
tax credits shall not exceed the highest rate of tax set  forth  in  the
tax  tables  in  subsection  (c)  of  this  section  multiplied  by  the
taxpayer's taxable income.
(d-2) Alternative tax table  benefit  recapture.  Notwithstanding  the
provisions of subsection (d) or (d-1) of this section, for taxable years
beginning  on  or  after two thousand twenty-one and before two thousand
twenty-two, there is hereby imposed a supplemental tax  in  addition  to
the  tax  imposed under subsections (a), (b) and (c) of this section for
the purpose of recapturing the benefit of the tax  tables  contained  in
such  subsections.  During  these  taxable  years, any reference in this
chapter to subsection (d) or (d-1) of this section shall be  read  as  a
reference to this subsection.
(1) For resident married individuals filing joint returns and resident
surviving spouses:
(A)  If  New  York adjusted gross income is greater than $107,650, but
not over $25,000,000:
(i) the recapture base and incremental benefit shall be determined  by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$43,000         $161,550          $0                $474
$161,550        $323,200          $474              $582
$323,200        $2,155,350        $1,056            $1,680
$2,155,350      $5,000,000        $2,736            $60,350
$5,000,000      $25,000,000       $63,086           $32,500
(ii)  the  applicable  amount  shall be determined by New York taxable
income as follows:
Greater than Not over    Applicable Amount
$43,000      $161,550    New York adjusted gross income minus $107,650
$161,550     $323,200    New York adjusted gross income minus $161,550
$323,200     $2,155,350  New York adjusted gross income minus $323,200
$2,155,350   $5,000,000  New York adjusted gross income minus $2,155,350
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii) the phase-in fraction shall be  a  fraction,  the  numerator  of
which  shall  be  the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv) the supplemental tax due shall equal the  sum  of  the  recapture
base  and  the  product  of  (i)  the  incremental  benefit and (ii) the
phase-in fraction. Provided, however,  that  if  the  New  York  taxable
income  of  the  taxpayer is less than forty-three thousand dollars, the
supplemental tax shall equal the difference between the product of  5.97
percent and New York taxable income and the tax table computation on the
New  York taxable income set forth in paragraph one of subsection (a) of
this section, multiplied by a fraction, the numerator of  which  is  the
lesser of fifty thousand dollars or New York adjusted gross income minus
one   hundred   seven  thousand  six  hundred  fifty  dollars,  and  the
denominator of which is fifty thousand dollars.
(B) If New York adjusted gross  income  is  greater  than  twenty-five
million  dollars,  the  supplemental  tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the  New  York  taxable  income  set  forth  in
paragraph one of subsection (a) of this section.
(2) For resident heads of households:
(A)  If  New  York adjusted gross income is greater than $107,650, but
not over $25,000,000:
(i)  the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$107,650        $269,300          $0                $742
$269,300        $1,616,450        $742              $1,401
$1,616,450      $5,000,000        $2,143            $45,260
$5,000,000      $25,000,000       $47,403           $32,500
(ii) the applicable amount shall be determined  by  New  York  taxable
income as follows:
Greater than Not over    Applicable Amount
$107,650     $269,300    New York adjusted gross income minus $107,650
$269,300     $1,616,450  New York adjusted gross income minus $269,300
$1,616,450   $5,000,000  New York adjusted gross income minus $1,616,450
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii)  the  phase-in  fraction  shall  be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars  or  the  applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv)  the  supplemental  tax  due shall equal the sum of the recapture
base and the product  of  (i)  the  incremental  benefit  and  (ii)  the
phase-in  fraction.  Provided,  however,  that  if  the New York taxable
income of the taxpayer is less  than  one  hundred  seven  thousand  six
hundred  fifty  dollars, the supplemental tax shall equal the difference
between the product of 6.33 percent and New York taxable income and  the
tax  table  computation  on  the  New  York  taxable income set forth in
paragraph one of  subsection  (b)  of  this  section,  multiplied  by  a
fraction, the numerator of which is the lesser of fifty thousand dollars
or  New  York adjusted gross income minus one hundred seven thousand six
hundred fifty dollars, and the denominator of which  is  fifty  thousand
dollars.
(B)  If  New  York  adjusted  gross income is greater than twenty-five
million dollars, the supplemental tax due  shall  equal  the  difference
between the product of 10.90 percent and New York taxable income and the
tax  table  computation  on  the  New  York  taxable income set forth in
paragraph one of subsection (b) of this section.
(3) For resident unmarried individuals, resident  married  individuals
filing separate returns and resident estates and trusts:
(A)  If  New  York adjusted gross income is greater than $107,650, but
not over $25,000,000:
(i) the recapture base and incremental benefit shall be determined  by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$80,650         $215,400          $0                $526
$215,400        $1,077,550        $526              $1,120
$1,077,550      $5,000,000        $1,646            $30,171
$5,000,000      $25,000,000       $31,817           $32,500
(ii)  the  applicable  amount  shall be determined by New York taxable
income as follows:
Greater than Not over    Applicable Amount
$80,650      $215,400    New York adjusted gross income minus $107,650
$215,400     $1,077,550  New York adjusted gross income minus $215,400
$1,077,550   $5,000,000  New York adjusted gross income minus $1,077,550
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii) the phase-in fraction shall be  a  fraction,  the  numerator  of
which  shall  be  the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv) the supplemental tax due shall equal the  sum  of  the  recapture
base  and  the  product  of  (i)  the  incremental  benefit and (ii) the
phase-in fraction. Provided, however,  that  if  the  New  York  taxable
income  of  the  taxpayer is less than eighty thousand six hundred fifty
dollars,  the  supplemental  tax  shall equal the difference between the
product of 6.33 percent and New York taxable income and  the  tax  table
computation on the New York taxable income set forth in paragraph one of
subsection  (c) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or  New  York  adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.
(B)  If  New  York  adjusted  gross income is greater than twenty-five
million dollars, the supplemental tax due  shall  equal  the  difference
between the product of 10.90 percent and New York taxable income and the
tax  table  computation  on  the  New  York  taxable income set forth in
paragraph one of subsection (c) of this section.
(d-3) Alternative tax table  benefit  recapture.  Notwithstanding  the
provisions  of  subsection  (d),  (d-1)  or  (d-2)  of this section, for
taxable years beginning on or after two thousand twenty-two  and  before
two thousand twenty-three, there is hereby imposed a supplemental tax in
addition  to  the tax imposed under subsections (a), (b) and (c) of this
section for the purpose of recapturing the benefit  of  the  tax  tables
contained in such subsections. During these taxable years, any reference
in  this chapter to subsection (d), (d-1) or (d-2) of this section shall
be read as a reference to this subsection.
(1) For resident married individuals filing joint returns and resident
surviving spouses:
(A) If New York adjusted gross income is greater  than  $107,650,  but
not over $25,000,000:
(i)  the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$27,900         $161,550          $0                $430
$161,550        $323,200          $430              $646
$323,200        $2,155,350        $1,076            $1,940
$2,155,350      $5,000,000        $3,016            $60,349
$5,000,000      $25,000,000       $63,365           $32,500
(ii) the applicable amount shall be determined  by  New  York  taxable
income as follows:
Greater than Not over    Applicable Amount
$27,900      $161,550    New York adjusted gross income minus $107,650
$161,550     $323,200    New York adjusted gross income minus $161,550
$323,200     $2,155,350  New York adjusted gross income minus $323,200
$2,155,350   $5,000,000  New York adjusted gross income minus $2,155,350
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii)  the  phase-in  fraction  shall  be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars  or  the  applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv)  the  supplemental  tax  due shall equal the sum of the recapture
base and the product  of  (i)  the  incremental  benefit  and  (ii)  the
phase-in  fraction.  Provided,  however,  that  if  the New York taxable
income of the taxpayer is less than twenty-seven thousand  nine  hundred
dollars,  the  supplemental  tax  shall equal the difference between the
product of 5.85 percent and New York taxable income and  the  tax  table
computation on the New York taxable income set forth in paragraph one of
subsection  (a) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or  New  York  adjusted

gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.
(B)  If  New  York  adjusted  gross income is greater than twenty-five
million dollars, the supplemental tax due  shall  equal  the  difference
between the product of 10.90 percent and New York taxable income and the
tax  table  computation  on  the  New  York  taxable income set forth in
paragraph one of subsection (a) of this section.
(2) For resident heads of households:
(A) If New York adjusted gross income is greater  than  $107,650,  but
not over $25,000,000:
(i)  the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$107,650        $269,300          $0                $752
$269,300        $1,616,450        $752              $1,616
$1,616,450      $5,000,000        $2,368            $45,261
$5,000,000      $25,000,000       $47,629           $32,500
(ii) the applicable amount shall be determined  by  New  York  taxable
income as follows:
Greater than Not over    Applicable Amount
$107,650     $269,300    New York adjusted gross income minus $107,650
$269,300     $1,616,450  New York adjusted gross income minus $269,300
$1,616,450   $5,000,000  New York adjusted gross income minus $1,616,450
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii)  the  phase-in  fraction  shall  be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars  or  the  applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv)  the  supplemental  tax  due shall equal the sum of the recapture
base and the product  of  (i)  the  incremental  benefit  and  (ii)  the
phase-in  fraction.  Provided,  however,  that  if  the New York taxable
income of the taxpayer is less  than  one  hundred  seven  thousand  six
hundred  fifty  dollars, the supplemental tax shall equal the difference
between the product of 6.25 percent and New York taxable income and  the
tax  table  computation  on  the  New  York  taxable income set forth in
paragraph one of  subsection  (b)  of  this  section,  multiplied  by  a
fraction, the numerator of which is the lesser of fifty thousand dollars
or  New  York adjusted gross income minus one hundred seven thousand six
hundred fifty dollars, and the denominator of which  is  fifty  thousand
dollars.
(B)  If  New  York  adjusted  gross income is greater than twenty-five
million dollars, the supplemental tax due  shall  equal  the  difference
between the product of 10.90 percent and New York taxable income and the
tax  table  computation  on  the  New  York  taxable income set forth in
paragraph one of subsection (b) of this section.
(3) For resident unmarried individuals, resident  married  individuals
filing separate returns and resident estates and trusts:
(A)  If  New  York adjusted gross income is greater than $107,650, but
not over $25,000,000:
(i) the recapture base and incremental benefit shall be determined  by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$80,650         $215,400          $0                $536
$215,400        $1,077,550        $536              $1,293
$1,077,550      $5,000,000        $1,829            $30,171
$5,000,000      $25,000,000       $32,000           $32,500
(ii)  the  applicable  amount  shall be determined by New York taxable
income as follows:

Greater than Not over    Applicable Amount
$80,650      $215,400    New York adjusted gross income minus $107,650
$215,400     $1,077,550  New York adjusted gross income minus $215,400
$1,077,550   $5,000,000  New York adjusted gross income minus $1,077,550
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii)  the  phase-in  fraction  shall  be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars  or  the  applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv)  the  supplemental  tax  due shall equal the sum of the recapture
base and the product  of  (i)  the  incremental  benefit  and  (ii)  the
phase-in  fraction.  Provided,  however,  that  if  the New York taxable
income of the taxpayer is less than eighty thousand  six  hundred  fifty
dollars,  the  supplemental  tax  shall equal the difference between the
product of 6.25 percent and New York taxable income and  the  tax  table
computation on the New York taxable income set forth in paragraph one of
subsection  (c) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or  New  York  adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.
(B)  If  New  York  adjusted  gross income is greater than twenty-five
million dollars, the supplemental tax due  shall  equal  the  difference
between the product of 10.90 percent and New York taxable income and the
tax  table  computation  on  the  New  York  taxable income set forth in
paragraph one of subsection (c) of this section.
(d-4) Alternative tax table  benefit  recapture.  Notwithstanding  the
provisions of subsection (d), (d-1), (d-2) or (d-3) of this section, for
taxable years beginning on or after two thousand twenty-three and before
two thousand twenty-eight, there is hereby imposed a supplemental tax in
addition  to  the tax imposed under subsections (a), (b) and (c) of this
section for the purpose of recapturing the benefit  of  the  tax  tables
contained in such subsections. During these taxable years, any reference
in this chapter to subsection (d), (d-1), (d-2) or (d-3) of this section
shall be read as a reference to this subsection.
(1) For resident married individuals filing joint returns and resident
surviving spouses:
(A)  If  New  York adjusted gross income is greater than $107,650, but
not over $25,000,000:
(i) the recapture base and incremental benefit shall be determined  by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$27,900         $161,550          $0                $333
$161,550        $323,200          $333              $807
$323,200        $2,155,350        $1,140            $2,747
$2,155,350      $5,000,000        $3,887            $60,350
$5,000,000      $25,000,000       $64,237           $32,500
(ii)  the  applicable  amount  shall be determined by New York taxable
income as follows:
Greater than Not over    Applicable Amount
$27,900      $161,550    New York adjusted gross income minus $107,650
$161,550     $323,200    New York adjusted gross income minus $161,550
$323,200     $2,155,350  New York adjusted gross income minus $323,200
$2,155,350   $5,000,000  New York adjusted gross income minus $2,155,350
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii) the phase-in fraction shall be  a  fraction,  the  numerator  of
which  shall  be  the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv) the supplemental tax due shall equal the  sum  of  the  recapture
base  and  the  product  of  (i)  the  incremental  benefit and (ii) the

phase-in fraction. Provided, however,  that  if  the  New  York  taxable
income  of  the taxpayer is less than twenty-seven thousand nine hundred
dollars, the supplemental tax shall equal  the  difference  between  the
product  of  5.50  percent and New York taxable income and the tax table
computation on the New York taxable income set forth in paragraph one of
subsection (a) of this section, multiplied by a fraction, the  numerator
of  which  is  the lesser of fifty thousand dollars or New York adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.
(B) If New York adjusted gross  income  is  greater  than  twenty-five
million  dollars,  the  supplemental  tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the  New  York  taxable  income  set  forth  in
paragraph one of subsection (a) of this section.
(2) For resident heads of households:
(A)  If  New  York adjusted gross income is greater than $107,650, but
not over $25,000,000:
(i) the recapture base and incremental benefit shall be determined  by
New York taxable income as follows:
Greater than    Not over          Recapture Base    Incremental Benefit
$107,650        $269,300          $0                $787
$269,300        $1,616,450        $787              $2,289
$1,616,450      $5,000,000        $3,076            $45,261
$5,000,000      $25,000,000       $48,337           $32,500
(ii)  the  applicable  amount  shall be determined by New York taxable
income as follows:
Greater than Not over    Applicable Amount
$107,650     $269,300    New York adjusted gross income minus $107,650
$269,300     $1,616,450  New York adjusted gross income minus $269,300
$1,616,450   $5,000,000  New York adjusted gross income minus $1,616,450
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii) the phase-in fraction shall be  a  fraction,  the  numerator  of
which  shall  be  the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv) the supplemental tax due shall equal the  sum  of  the  recapture
base  and  the  product  of  (i)  the  incremental  benefit and (ii) the
phase-in fraction. Provided, however,  that  if  the  New  York  taxable
income  of  the  taxpayer  is  less  than one hundred seven thousand six
hundred fifty dollars, the supplemental tax shall equal  the  difference
between  the product of 6.00 percent and New York taxable income and the
tax table computation on the  New  York  taxable  income  set  forth  in
paragraph  one  of  subsection  (b)  of  this  section,  multiplied by a
fraction, the numerator of which is the lesser of fifty thousand dollars
or New York adjusted gross income minus one hundred seven  thousand  six
hundred  fifty  dollars,  and the denominator of which is fifty thousand
dollars.
(B) If New York adjusted gross  income  is  greater  than  twenty-five
million  dollars,  the  supplemental  tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the  New  York  taxable  income  set  forth  in
paragraph one of subsection (b) of this section.
(3)  For  resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts:
(A) If New York adjusted gross income is greater  than  $107,650,  but
not over $25,000,000:
(i)  the recapture base and incremental benefit shall be determined by
New York taxable income as follows:

Greater than    Not over          Recapture Base    Incremental Benefit
$80,650         $215,400          $0                $568
$215,400        $1,077,550        $568              $1,831
$1,077,550      $5,000,000        $2,399            $30,172
$5,000,000      $25,000,000       $32,571           $32,500
(ii)  the  applicable  amount  shall be determined by New York taxable
income as follows:
Greater than Not over    Applicable Amount
$80,650      $215,400    New York adjusted gross income minus $107,650
$215,400     $1,077,550  New York adjusted gross income minus $215,400
$1,077,550   $5,000,000  New York adjusted gross income minus $1,077,550
$5,000,000   $25,000,000 New York adjusted gross income minus $5,000,000
(iii) the phase-in fraction shall be  a  fraction,  the  numerator  of
which  shall  be  the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and
(iv) the supplemental tax due shall equal the  sum  of  the  recapture
base  and  the  product  of  (i)  the  incremental  benefit and (ii) the
phase-in fraction. Provided, however,  that  if  the  New  York  taxable
income  of  the  taxpayer is less than eighty thousand six hundred fifty
dollars, the supplemental tax shall equal  the  difference  between  the
product  of  6.00  percent and New York taxable income and the tax table
computation on the New York taxable income set forth in paragraph one of
subsection (c) of this section, multiplied by a fraction, the  numerator
of  which  is  the lesser of fifty thousand dollars or New York adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.
(B) If New York adjusted gross  income  is  greater  than  twenty-five
million  dollars,  the  supplemental  tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the  New  York  taxable  income  set  forth  in
paragraph one of subsection (c) of this section.
(e) Nonresidents and part-year residents. (1) General. There is hereby
imposed  for  each  taxable  year on the taxable income which is derived
from sources in this state of every nonresident and  part-year  resident
individual  and  trust and every nonresident estate a tax which shall be
equal to the tax base multiplied by the New York source fraction.
(2) Tax base. The tax base is the tax computed under  subsections  (a)
through  (d) of this section, as the case may be, reduced by the credits
permitted under subsections (b), (c), (d) and (m) of section six hundred
six, as if such nonresident or part-year resident individual, estate  or
trust  were  a  resident  subject  to  the provisions of part II of this
article.
(3) New York source fraction.  The  New  York  source  fraction  is  a
fraction  the  numerator  of  which  is  such  individual's, estate's or
trust's New York source income determined in accordance with part III of
this article and the denominator of which is such individual's New  York
adjusted  gross  income  determined  in  accordance with part II of this
article or such estate's or  trust's  New  York  adjusted  gross  income
determined under paragraph four of this subsection.
(4)  New  York  adjusted  gross income of an estate or trust. New York
adjusted gross income of an estate or trust means its  federal  adjusted
gross  income, determined under subsection (e) of section sixty-seven of
the internal revenue code, with the modifications  provided  in  section
six  hundred  eighteen,  other  than  that  portion  of the modification
provided in subsection  three  thereof  which  relates  to  section  six
hundred fifteen.
(f)  Partners  and  partnerships.  A  partnership as such shall not be
subject to tax under this  article.  Persons  carrying  on  business  as

partners  shall  be  liable  for  tax  under  this article only in their
separate or individual capacities. As used in  this  article,  the  term
"partnership"  shall  include,  unless  a  different  meaning is clearly
required, a subchapter K limited liability company. The term "subchapter
K  limited  liability  company"  shall  mean a limited liability company
classified as a partnership for federal income tax  purposes.  The  term
"limited  liability  company" means a domestic limited liability company
or a foreign limited  liability  company,  as  defined  in  section  one
hundred  two  of  the limited liability company law, a limited liability
investment company formed pursuant to section five hundred seven of  the
banking  law,  or  a  limited liability trust company formed pursuant to
section one hundred two-a of the banking law.
(g) Associations taxable as corporations.  An  association,  trust  or
other  unincorporated organization which is taxable as a corporation for
federal income tax purposes shall not  be  subject  to  tax  under  this
article.
(h)  Exempt  trusts and organizations. A trust or other unincorporated
organization which by reason of its purposes  or  activities  is  exempt
from  federal  income  tax  shall  be exempt from tax under this article
(regardless of whether subject  to  federal  and  state  income  tax  on
unrelated business taxable income).
(i) Cross references. For definitions of New York taxable income of:
(1) Resident individual, see section six hundred eleven.
(2) Resident estate or trust, see section six hundred eighteen.