reglab/statecodes huggingface dataset:
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 2 - Residents › Part 122 - New York State Minimum Taxable Income Of Residents › Section 122.8 - Disallowance of credits against New York State minimum income tax

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 622 (d)
The following credits against ordinary tax otherwise
						allowable under this Subchapter are not allowed as credits against the New York
						State minimum income tax referred to in Part 102 of this Title:
(a) investment credit and retail enterprise
					 credit (see section
					 106.1 
					 of this Title);
(b) household
					 credit (see section
					 106.2 
					 of this Title);
(c) credit for
					 certain household and dependent care services necessary for gainful employment
					 (see section
					 106.3 
					 of this Title);
(d) credit for
					 sales or compensating use tax paid on the purchase of a catalyst (see section
					 106.4 
					 of this Title);
(e) mortgage
					 recording tax credit (see section
					 106.6  of this
					 Title);
(f) research and
					 development credit (see section
					 106.8 
					 of this Title);
(g) resident credit
					 against ordinary tax for income tax of another state, a political subdivision
					 of another state or the District of Columbia (see sections
					 120.1
					 through
					 120.4  of
					 this Title);
(h) resident credit
					 against the separate tax on the ordinary income portion of a lump sum
					 distribution (see section
					 120.5 
					 of this Title); and
(i) credit to a
					 resident beneficiary of a trust receiving an accumulation distribution (see
					 Part 121 of this Title).
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 2 - Residents › Part 124 - Computation Of Separate Tax On The Ordinary Income Portion Of Lump Sum Distributions Received By Resident Individuals, Estates And Trusts › Section 124.1 - Computation of separate tax on the ordinary income portion of lump sum distributions received by resident individuals, estates and trusts

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 624
(a)
General.
(1) The amount of New York State separate tax imposed on the ordinary income portion of a lump sum distribution received by a resident individual, estate or trust on or after January 1, 1977 (see section 601-C of the Tax Law) is determined in accordance with the provisions of subdivision (b) of this section. This separate tax must be computed on form IT-230,
New York State Separate Tax on Lump Sum Distributions (Special 10-Year Averaging Method),
except in cases where there is more than one recipient of the lump sum distribution. In such cases, the separate tax must be computed on form IT-230.1,
New York State Separate Tax on Lump Sum Distributions (Multiple Recipient Special 10-Year Averaging Method).
(2) Married individuals who file separate New York State personal income tax returns, whether on one form or on separate forms, must compute their New York State separate tax on the ordinary income portion of lump sum distributions on separate form IT-230 or IT-230.1. The New York State separate tax on the ordinary income portion of lump sum distributions must be computed using the tax rates applicable for the taxable year provided in section 602  of the Tax Law. The completed form IT-230 or IT-230.1 must be attached to the taxpayer's New York State personal or fiduciary income tax return filed for the taxable year.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.2 - Income and deductions from New York State sources-general

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(b)(1)
A nonresident individual's items of income, gain, loss
						  and deduction derived from or connected with New York State sources are the
						  items attributable to:
(a) the
						ownership of any interest in real or tangible personal property in New York
						State (see section
						132.3 
						of this Part); or
(b) a business,
						trade, profession or occupation carried on in New York State (see section
						132.4 
						of this Part).
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.3 - Items attributable to real or tangible personal property in New York State

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(b)(1)(A)
(a) The New York adjusted gross income of a
						nonresident individual includes items of income, gain, loss and deduction
						entering into his Federal adjusted gross income which are attributable to the
						ownership of any interest in real or tangible personal property in New York
						State. Thus, New York adjusted gross income includes rental income from real or
						tangible personal property in New York State or any interest therein after
						deducting ordinary and necessary expenses attributable to the ownership,
						operation or maintenance of such property.
(b) The New York adjusted gross income of a
						nonresident individual does not include items of income, gain, loss and
						deduction attributable to the ownership of any interest in real or tangible
						personal property located outside New York State, even though rental payments
						in respect of the property may be made from a point within New York
						State.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.4 - Business, trade, profession or occupation carried on in New York State

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(b)(1)(B)
(a)
(1) The
						New York adjusted gross income of a nonresident individual includes items of
						income, gain, loss and deduction entering into his Federal adjusted gross
						income which are attributable to a business, trade, profession or occupation
						carried on in New York State.
(2) A
business, trade, profession or occupation
(as distinguished
						from personal services as an employee) is carried on within New York State by a
						nonresident when such nonresident occupies, has, maintains or operates desk
						space, an office, a shop, a store, a warehouse, a factory, an agency or other
						place where such nonresident's affairs are systematically and regularly carried
						on, notwithstanding the occasional consummation of isolated transactions
						without New York State. This definition is not exclusive. Business is carried
						on within New York State if activities within New York State in connection with
						the business are conducted in New York State with a fair measure of permanency
						and continuity. A taxpayer may enter into transactions for profit within New
						York State and yet not be engaged in a trade or business within New York State.
						If a taxpayer pursues an undertaking continuously as one relying on the profit
						therefrom for such taxpayer's income or part thereof, such taxpayer is carrying
						on a business or occupation. However, see section
						132.10 
						of this Part with regard to the effect of the purchase and sale of property by
						a nonresident for such nonresident's own account.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.5 - Income from intangible personal property

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(b)(2)
(a) Items of income, gain, loss and deduction
						attributable to intangible personal property of a nonresident individual,
						including annuities, dividends, interest, and gains and losses from the
						disposition of intangible personal property, do not constitute items of income,
						gain, loss and deduction derived from or connected with New York State sources,
						except to the extent attributable to property employed in a business, trade,
						profession or occupation carried on in New York State. (See also section 3 of
						article XVI of the New York State Constitution.)
Example:
A, a resident of New Jersey, owns 100 percent of the
						  stock of X Corporation, which operates a store in New York State. In 1980, the
						  corporation pays A a salary of $20,000, all of which was earned in New York
						  State, and a dividend of $2,000. A's income from New York State sources is his
						  salary of $20,000, since the dividend is not income derived from New York State
						  sources and thus not taxable for New York State personal income tax
						  purposes.
(b) Generally,
						where a nonresident individual sells real or tangible personal property located
						in New York State and, as a result of such sale receives intangible personal
						property (
e.g.,
a note) which generates interest income, such
						interest income is not attributable to the sale of the real or tangible
						personal property but is attributable to the intangible personal property.
						Therefore, such interest income to a nonresident does not constitute income
						derived from or connected with New York State sources. However, where the
						instrument used to generate interest income as a result of a sale of real or
						tangible personal property located in New York State is employed in a business,
						trade, profession or occupation carried on in New York State, such interest
						income does constitute income derived from or connected with New York State
						sources.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.6 - Income from closed-circuit and cable television transmissions

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(b)(2-a)
Income directly or indirectly derived by an athlete,
						  entertainer or performing artist from closed-circuit and cable television
						  transmissions of an event (other than events occurring on a regularly scheduled
						  basis) taking place within New York State, as a result of the rendition of
						  services by such athlete, entertainer or performing artist, constitutes income
						  derived from New York State sources only to the extent that such transmissions
						  were received or exhibited within New York State.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.8 - Undistributed taxable income, net operating loss and gain or loss on sale or exchange of stock with respect to an electing small business corporation

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(b)(2)-(4)
For a nonresident individual who is a shareholder of a corporation which is an electing small business corporation for Federal income tax purposes:
(a) undistributed taxable income of such corporation does not constitute income or gain derived from New York State sources;
(b) a net operating loss of such corporation does not constitute a loss or deduction derived from or connected with New York State sources; and
(c) any gain or loss realized or incurred on the sale or exchange by such dividual of stock of a small business corporation does not constitute a gain or loss derived from or connected with New York State sources. This includes a loss incurred by such individual which is treated as an ordinary loss under section  1244 of the Internal Revenue Code.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.9 - Income, gain, loss or deduction with respect to New York Insurance Exchange

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(b)(5)
In the case of a nonresident individual or partner of a
						  partnership doing an insurance business as a member of the New York Insurance
						  Exchange, as described in subsection (b) of section 6201  of the Insurance Law:
(a) any item of income or gain of such
						business which is the nonresident individual's or partner's distributive or pro
						rata share for Federal income tax purposes or which the nonresident individual
						or partner is required to take into account separately for Federal income tax
						purposes does not constitute income or gain derived from New York State
						sources; and
(b) any item of loss
						or deduction of such business which is the nonresident individual's or
						partner's distributive or
pro rata
share for Federal income
						tax purposes, or which the nonresident individual or partner is required to
						take into account separately for Federal income tax purposes, does not
						constitute a loss or deduction derived from New York State sources.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.10 - Purchase and sale for own account

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(d)
A nonresident individual, other than a dealer holding
						  property primarily for sale to customers in the ordinary course of his trade or
						  business, is not deemed to be carrying on a business, trade, profession or
						  occupation in New York State solely by reason of the purchase and sale of
						  property or the purchase, sale or writing of stock option contracts, or both,
						  for his own account. However, a nonresident is subject to New York State
						  personal income tax upon items of income and gain attributable to the ownership
						  of real or tangible personal property in New York State (see section
						  132.3 
						  of this Part).
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions from New York State Sources › Section 132.11 - Compensation not constituting income derived from New York State sources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Military pay.
						Compensation paid by the United States for active service in the Armed Forces
						of the United States, performed by an individual not domiciled in New York
						State, does not constitute income derived from New York State sources.
						Accordingly, where an individual not domiciled in New York State is paid
						compensation by the United States for active service in the Armed Forces of the
						United States, such compensation received by such individual does not
						constitute income derived from New York State sources even though the service
						is performed in whole or in part within New York State. (See section
						631[e] of the Tax
						Law.)
(b) Compensation of employees
						of interstate rail carriers, interstate motor carriers and interstate motor
						private carriers. Compensation paid by:
(1) a
						rail carrier providing transportation subject to the jurisdiction of the
						Interstate Commerce Commission under subchapter I of chapter 105 of title 49 of
						the United States Code;
(2) a motor
						carrier providing transportation subject to the jurisdiction of the Interstate
						Commerce Commission under subchapter II of chapter 105 of title 49 of the
						United States Code; or
(3) a motor
						private carrier;
to an employee who performs regularly assigned duties
						  in two or more states shall constitute income derived from sources within such
						  employee's state of residence. Accordingly, where an individual, who is not a
						  resident of New York State for income tax purposes under section 605 (b)(1)  of the Tax Law,
						  is paid compensation as an employee by an interstate rail carrier, an
						  interstate motor carrier or an interstate motor private carrier for performing
						  such employee's regularly assigned duties in two or more states, such
						  compensation received by such employee does not constitute income derived from
						  New York State sources even though such employee performed services in New York
						  State. (See Public Law
						  101-322 and section 11504 of title 49 of the
						  United States Code.)
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions Partly from New York State Sources › Section 132.12 - Income and deductions partly from New York State sources-general

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(c)
(a) Since the New York adjusted gross income
						of a nonresident individual takes into account only items of income, gain, loss
						and deduction derived from or connected with New York State sources, an
						apportionment and allocation of items of income, gain, loss and deduction is
						required when a nonresident individual, or a partnership in which a nonresident
						individual is a member, carries on a business, trade, profession or occupation
						partly within and partly without New York State.
(b) When a nonresident individual is the
						beneficiary of an estate or trust, his New York adjusted gross income also
						includes those items of income, gain, loss and deduction, or portion thereof,
						included in his share of a net change (see section
						139.3  of
						this Article) from New York State sources allocable from such estate or
						trust.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions Partly from New York State Sources › Section 132.13 - Business carried on wholly within New York State

Current through Register Vol. 46, No. 28, July 10, 2024
A business, trade, profession or occupation (as
						  distinguished from personal services as an employee) is carried on by a
						  nonresident wholly within New York State when the activities described in
						  section
						  132.4(a) 
						  of this Part are carried on solely within New York State, and no such
						  activities are carried on outside New York State, even though the nonresident
						  or such nonresident's representative travels outside New York State for
						  purposes of buying, selling, financing or performing any duties in connection
						  with the business, and even though sales may be made to, or services performed
						  for, or on behalf of, persons or corporations located outside New York State.
						  If a nonresident individual carries on a business, trade, profession or
						  occupation wholly within New York State, all of such nonresident individual's
						  items of income, gain, loss and deduction attributable to the business are
						  derived from or connected with New York State sources. With respect to a
						  nonresident's income from, and deductions connected with, the rental of real
						  property, and gain and loss from the sale, exchange or other disposition of
						  real property, see section
						  132.16 
						  of this Part.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Income and Deductions Partly from New York State Sources › Section 132.14 - Business carried on partly within and partly without New York State

Current through Register Vol. 46, No. 28, July 10, 2024
A business, trade, profession or occupation (as
						  distinguished from personal services as an employee) is carried on partly
						  within and partly without New York State when one or more of the activities
						  described in of section
						  132.4(a) 
						  of this Part is systematically and regularly carried on within New York State
						  and one or more of such activities is systematically and regularly carried on
						  outside New York State, or when one or more of such activities is
						  systematically and regularly carried on both within and without New York
						  State.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.15 - Apportionment and allocation of income from business carried on partly within and partly without New York State

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
						nonresident individual, or a partnership of which a nonresident individual is a
						member, carries on a business, trade, profession or occupation both within and
						without New York State, the items of income, gain, loss and deduction
						attributable to such business, trade, profession or occupation must be
						apportioned and allocated to New York State on a fair and equitable basis in
						accordance with approved methods of accounting.
(b) If the books of the business are so kept
						as regularly to disclose, to the satisfaction of the Tax Commission, the
						proportion of the net amount of the items of income, gain, loss and deduction
						derived from or connected with New York State sources, the New York State
						nonresident personal income tax return of the taxpayer must disclose the total
						amount of such items, the net amount of such items allocated to New York State,
						and the basis upon which such allocation is made.
(c) If the books and records of the business
						do not disclose, to the satisfaction of the Tax Commission, the proportion of
						the net amount of the items of income, gain, loss and deduction attributable to
						the activities of the business carried on in New York State, such proportion
						will, except as provided in section
						132.16 
						of this Part and section
						112.7(b) 
						of this Title, be determined by multiplying (1) the net amount of the items of
						income, gain, loss and deduction of the business by (2) the average of the
						percentages described in subdivisions (d) through (f) of this
						section.
(d) Property percentage.
(1) General. The property percentage is
						computed by dividing
(i) the average of the
						values, at the beginning and end of the taxable year, of real and tangible
						personal property owned by or rented to the taxpayer, which is connected with
						the business and located within New York State, by
(ii) the average of the values, at the
						beginning and end of the taxable year, of all real and tangible personal
						property, owned by or rented to the taxpayer, which is connected with the
						business and located both within and without New York State. For this purpose,
						real and tangible personal property includes real and tangible personal
						property rented to the taxpayer and used in the business. Real property the
						income or gain from which is allocated pursuant to section
						132.16 
						of this Part is disregarded in computing the property percentage described in
						this paragraph.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.16 - Rentals and gains from the sale or exchange of real property

Current through Register Vol. 46, No. 28, July 10, 2024
Income from, and deductions connected with, the rental
						  of real property, and gain and loss from the sale, exchange or other
						  disposition of real property, are not subject to allocation under section
						  132.13
						  or
						  132.15 
						  of this Part, but are considered as entirely derived from or connected with the
						  situs of such real property.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.17 - Earnings of salesmen

Current through Register Vol. 46, No. 28, July 10, 2024
If the commissions for sales made or other compensation
						  for services performed by a nonresident traveling salesman, agent or other
						  employee depend directly upon the volume of business transacted by him, his
						  items of income, gain, loss and deduction (other than deductions entering into
						  the New York itemized deduction) derived from or connected with New York State
						  sources include that proportion of the net amount of such items attributable to
						  such business which the volume of business transacted by him within New York
						  State bears to the total volume of business transacted by him within and
						  without New York State.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.19 - Compensation of nonresident individuals performing duties on vessels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The income
						derived from New York State sources of a nonresident individual includes the
						full amount of compensation received by the individual for employment on a
						vessel operating exclusively within New York State.
(b) The income derived from New York State
						sources of a nonresident individual does not include any compensation received
						by the individual for employment on a vessel which is operating exclusively
						between ports of New York State and foreign ports, even though at times the
						vessel touches at a port within New York State and remains there a reasonable
						time for the transaction of its business.
(c) Compensation paid to individuals:
(1) engaged on a vessel to perform assigned
						duties in more than one state as a pilot licensed under section 7101 of title 46 of the United States Code or licensed or authorized under the laws of a
						state; or
(2) who perform regularly
						assigned duties while engaged as a master, officer, or crewman on a vessel
						operating on the navigable waters of more than one state;
constitutes income derived from sources within such
						  individual's state of residence. The income derived from New York State sources
						  of a nonresident individual does not include compensation received by the
						  individual for the performance of duties described in paragraph (1) or (2) of
						  this subdivision in the navigable waters of more than one state, even though
						  the individual performed duties in New York State. (See
						  Public Law
						  106-489 and section 11108 of title 46 of the United States Code.)
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.22 - Compensation received by nonresident professional athletes

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
						General. The New York source income of a nonresident individual (see section
						631[a] of the Tax Law) who
						is a member of a professional athletic team includes that portion of such
						individual's total compensation for services rendered as a member of a
						professional athletic team during the taxable year which the number of duty
						days spent within New York State rendering services for the team in any manner
						during the taxable year bears to the total number of duty days spent both
						within and without New York State during the taxable year.
(2) Special rule. Travel days that do not
						involve either a game, practice, team meeting, promotional caravan or other
						similar team event are not considered duty days spent in New York State.
						However, such travel days shall be considered in the total duty days spent both
						within and without New York State.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.23 - Income from vessels

Current through Register Vol. 46, No. 28, July 10, 2024
Charter money or freight or passage payments received
						  by a nonresident owner or lessee, with respect to a vessel which is operated
						  exclusively between ports of New York State and foreign ports or ports of other
						  states, does not constitute income derived from or connected with New York
						  State sources if the individual receiving the income maintains no regular
						  agency in New York State and is not carrying on business in New York State, as
						  determined under sections
						  132.13
						  and
						  132.14 
						  of this Part.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.24 - Stock options, stock appreciation rights and restricted stock

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, section 631(g)
(a)
General.
A nonresident individual has New York source income from compensation received from stock options, stock appreciation rights or restricted stock if at any time during the allocation period the nonresident individual performed services in New York State for the corporation granting such options, rights or stock ("grantor"). A nonresident individual's New York source income from compensation received from stock options, stock appreciation rights or restricted stock is realized when the income is realized for Federal income tax purposes and is reportable to New York State in the taxable year that the income is included in the individual's Federal adjusted gross income.
(b)
Computation of New York source income.
New York source income from stock options, stock appreciation rights or restricted stock is the amount determined by multiplying the compensation by the New York workday fraction for the applicable allocation period.
(c)
Definitions.
For purposes of this section:
(1)
Compensation
means the amount of compensation income attributable to stock options, stock appreciation rights or restricted stock that is required to be included in Federal gross income for the taxable year. In the case of statutory stock options (Internal Revenue Code, sections 422 and 423), the amount of income recognized for Federal income tax purposes may be reported as a capital gain, and in such case, the amount of the capital gain that is compensation is limited to the amount that is the lesser of:
(i) the difference between the option price and the fair market value of the stock at the time the option is exercised; or the gain (but not the loss) actually recognized for Federal income tax purposes at the time the stock is sold.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Methods of Allocating Income and Deductions from Sources Within and Without New York State › Section 132.25 - Other methods of allocation

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
						  132.15
						  through
						  132.24 
						  of this Part are designed to apportion and allocate to New York State, in a
						  fair and equitable manner, a nonresident's items of income, gain, loss and
						  deduction attributable to a business, trade, profession or occupation carried
						  on partly within and partly without New York State. Where the methods provided
						  under those sections do not so allocate and apportion those items, the
						  department may require a taxpayer to apportion and allocate those items under
						  such method as it prescribes, as long as the prescribed method results in a
						  fair and equitable apportionment and allocation. A nonresident individual may
						  submit an alternative method of apportionment and allocation with respect to
						  items of income, gain, loss and deduction attributable to a business, trade,
						  profession or occupation carried on partly within and partly without New York
						  State. The proposed method must be fully explained in the taxpayer's New York
						  State nonresident personal income tax return. If the method proposed by the
						  taxpayer is approved by the department, it may be used in lieu of the
						  applicable method under sections
						  132.15
						  through
						  132.24 
						  of this Part.
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 3 - Nonresidents › Part 132 - New York Adjusted Gross Income of a Nonresident Individual › Husband and Wife › Section 132.26 - New York adjusted gross income of husband and wife

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 632(f)
If a husband and wife determine their Federal income
						  tax on a joint Federal income tax return but determine their New York State
						  income taxes separately on one form, their New York adjusted gross incomes are
						  determined separately, in accordance with the rules prescribed by section
						  112.6 
						  of this Title, that is, as if they had filed separate Federal income tax
						  returns and had determined their Federal adjusted gross incomes
						  separately.
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 3 - Nonresidents › Part 137 - Nonresident Partners › Section 137.1 - Partnership income and deductions of nonresident partner derived from New York State sources

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 637(a)
The New York source income of a nonresident partner
						includes the partner's distributive share of all items of partnership income,
						gain, loss and deduction entering into such partner's Federal adjusted gross
						income to the extent such items are derived from or connected with New York
						State sources,
i.e.,
attributable to the ownership by the
						partnership of any interest in real or tangible personal property in New York
						State or to a business, trade, profession or occupation carried on in New York
						State by the partnership as determined under sections
						132.3,
						132.4(a),
						132.6,
						132.9,
						132.12 
						-132.16, 132.21 and 132.22 of this article and 137.2 of this
						Part.
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 3 - Nonresidents › Part 137 - Nonresident Partners › Section 137.2 - Special rules as to New York State sources

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 637(b)
(a) In determining the sources (as either
					 within or without New York State) of a nonresident partner's share of
					 partnership income, no effect is given to a provision in a partnership
					 agreement which characterizes payments to a partner as salary or other
					 consideration paid or distributable for services rendered to the partnership by
					 the partner, or as being interest or other consideration paid or distributable
					 for the use of capital of a partner.
(b) Likewise, except where otherwise
					 authorized in accordance with section
					 137.4  of this
					 Part, no effect is given to a provision in a partnership agreement which
					 allocates to a nonresident partner, as income or gain from sources outside New
					 York State, a greater proportion of his distributive share of partnership
					 income or gain than the ratio of partnership income or gain form sources
					 outside New York State to partnership income or gain from all sources. For
					 example, if the total distributive share of a nonresident partner from all
					 sources is $5,000 and 60 percent of the partnership's income is from New York
					 State sources, the nonresident partner is required to report on his New York
					 State nonresident personal income tax return $3,000 (60 percent of $5,000) as
					 his distributive share of partnership income, even though, under the
					 partnership agreement, his share of the total New York income of the
					 partnership may have been fixed at less than $3,000.
(c) Likewise, except where otherwise
					 authorized in accordance with section
					 137.4  of this
					 Part, no effect is given to a provision in a partnership agreement which
					 allocates to a nonresident partner a greater proportion of a particular
					 partnership item of loss or deduction connected with New York State sources
					 than his proportionate share for Federal income tax purposes of partnership
					 loss or deduction generally. For example, if the share of a nonresident partner
					 of partnership losses in 50 percent for Federal income tax purposes, he is not
					 permitted to deduct on his New York State nonresident personal income tax
					 return more than 50 percent of any particular partnership loss or deduction
					 connected with New York State sources, regardless of any special provision of
					 the partnership agreement assigning a larger percentage of the specific loss or
					 deduction to him.
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 3 - Nonresidents › Part 137 - Nonresident Partners › Section 137.3 - Modification of partnership items in partner's New York State nonresident personal income tax return

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 637(c)
(a) In determining the New York adjusted
					 gross income of a nonresident partner, any modification described in sections
					 112.2,
					 112.3
					 and
					 112.7
					 through
					 112.9 
					 of this Title which relates to an item of partnership income, gain, loss or
					 deduction must be made in accordance with the partner's distributive share of
					 such item for Federal income tax purposes, but is limited to the portion
					 derived from or connected with New York State sources. (A nonresident partner's
					 distributive share of a partnership item is determined in the same manner as
					 for a resident partner; see section
					 137.5(a) 
					 of this Part and Part 117 of this Title.)
(b) In determining the New York itemized
					 deduction of a nonresident partner, any modification, described in sections
					 115.2
					 through
					 115.4 
					 of this Title, which relates to a partnership item which for Federal income tax
					 purposes is allowable as an itemized deduction, must be made in accordance with
					 the partner's distributive share of such item for Federal income tax
					 purposes.
(c)
Reporting
					 modifications on the New York State partnership return.
The total applicable modification of any partnership item
						of income, gain, loss or deduction must be set forth on the New York State
						partnership return, together with the respective portion thereof distributable
						to each partner. Where a modification pertains to an item includible in Federal
						adjusted gross income, the New York State partnership return must show each
						nonresident's portion thereof derived from or connected with New York State
						sources. Where a modification pertains to an item which, for Federal income tax
						purposes, is allowable as an itemized deduction to the partners, no allocation
						of the portion derived from New York State sources is required to be
						made.
(d) Where the
					 nonresident partner's distributive share of partnership items of in come, gain,
					 loss or deduction derived from or connected with New York State sources is
					 determined to any extent under the special rules set forth in section
					 137.2 
					 of this Part, any applicable modification must be similarly
					 determined.
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 3 - Nonresidents › Part 137 - Nonresident Partners › Section 137.4 - Alternate methods

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 637(d)
The Tax Commission may, on application, authorize the use
						of such other methods of determining a nonresident partner's portion of
						partnership items derived from or connected with New York State sources, and
						the modifications related thereto, as may be appropriate and equitable on such
						terms and conditions as it may require.
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 3 - Nonresidents › Part 137 - Nonresident Partners › Section 137.5 - Application of rules for resident partners to nonresident partners

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 637(e)
(a) A nonresident partner's distributive
					 share of partnership items is determined under section
					 117.3 
					 of this Title.
(b) The character of
					 partnership items for a nonresident partner is determined under section
					 117.4  of this
					 Title.
(c) Where a special
					 provision in a partnership agreement (other than the provision referred to in
					 section
					 137.2 
					 of this Part) has as its principal purpose the avoidance or evasion of New York
					 State personal income tax, each partner's distributive share must be determined
					 in accordance with the provisions of section
					 117.5 
					 of this Title.
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 3 - Nonresidents › Part 137 - Nonresident Partners › Section 137.6 - Tiered partnerships

Current through Register Vol. 46, No. 28, July 10, 2024
Where a nonresident partner is a member in a partnership,
						and such partnership (hereinafter referred to as the "upper tier partnership")
						is a partner in another partnership (hereinafter referred to as the "lower tier
						partnership"), the source and character of such nonresident partner's
						distributive share of each partnership item of the upper tier partnership which
						is attributable to the lower tier partnership retains the source and character
						determined at the level of the lower tier partnership using the provisions of
						sections
						137.1
						and
						137.5 
						of this Part. Such source and character are not changed by reason of the fact
						that such item flows through the upper tier partnership to such nonresident
						partner.
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 3 - Nonresidents › Part 137 - Nonresident Partners › Section 137.7 - Cross-references

Current through Register Vol. 46, No. 28, July 10, 2024
Combined New York State nonresident personal income tax
						returns for nonresident partners. (See Part 151 of this
						Title.)