New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter II - Income Taxes and Estate Taxes › Subchapter A - New York State Personal Income Tax Under Article 22 Of The Tax Law › Article 4 - New York State Income Tax Returns and Payment of Income Tax › Part 159 - Report Of Change In Federal Taxable Income, Items Of Tax Preference, Total Taxable Amount Or Ordinary Income Portion Of A Lump Sum Distribution, Income Tax Withholding, Disallowance Of Refund Claim Or Credit For Employment- Related Expenses › Section 159.2 - Form of report of change in Federal taxable income, items of tax preference, total taxable amount or ordinary income portion of a lump sum distribution, income tax withholding, disallowance of refund claim or credit for employment related expenses

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 659
(a)
General
The report referred to in section
						159.1 
						of this Part must be made on the prescribed form with respect to a change or
						correction in Federal taxable income, Federal items of tax preference, total
						taxable amount or ordinary income portion of a lump sum distribution, the
						Federal credit for employment-related expenses and the disallowance in whole or
						in part of a claim for credit or refund of Federal income tax. A change or
						correction in the amount an employer is required to deduct and withhold from
						wages for Federal income tax withholding purposes should be reported by
						submitting to the Tax Commission a detailed explanation of the final Federal
						determination or renegotiation agreement together with a statement showing the
						inclusive dates of the period involved, the amount of new York State personal
						income tax which should have been withheld and reported. The employer may
						submit either an amended form IT-2101 (PNS) or a copy of the final Federal
						determination or renegotiation agreement in lieu of submitting a detailed
						explanation of the final Federal determination or renegotiation agreement. Any
						New York State personal income tax which an employer is required to deduct and
						withhold as a result of a Federal change or correction should accompany the
						report required by section
						159.1 
						of this Part. The prescribed form used to report the Federal change or
						correction must be accompanied by a copy of the final Federal determination or
						renegotiation agreement as well as any of the pertinent data in all cases in
						which a New York State income tax refund, based on such final determination or
						a renegotiation, is claimed. Where additional New York State income tax is due,
						the taxpayer may, in lieu of a copy of the final determination or renegotiation
						agreement, give full details of the changes on such prescribed form. The
						prescribed form used to report the Federal change or correction, together with
						any supplemental forms (where applicable) must be accompanied by full payment
						of any additional New York State income tax shown to be due thereon and must be
						forwarded separately from, and not as part of, any other report or New York
						State income tax return. The report must be made regardless of whether the
						taxpayer believes any modification of such taxpayer's New York State income tax
						liability is required. However, a nonresident taxpayer must make such report,
						and must file such amended New York State income tax return with the Tax
						Commission as required by section
						159.3 
						of this Part, only if the Federal change, results of renegotiation or amended
						Federal income tax return relates to an increase or decrease in such
						nonresident taxpayer's New York State income tax liability.
(b)
Husband and wife
A husband and wife who file a joint Federal income tax
						return but file separate New York State personal income tax returns on one form
						must file separate forms to report Federal adjustments affecting their separate
						New York State personal income tax returns. Each report must show the changes
						made on the Federal income tax return attributable to the reporting spouse.
						These separate reports must be filed together. If the Federal changes are
						attributable solely to one spouse, that spouse must file the prescribed form
						used to report the Federal changes. However, such form must include the name
						and social security number of the other spouse and contain a statement that the
						Federal changes do not affect the separate New York State personal income tax
						return of the other spouse.