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 3 - Nonresidents › Part 138 - New York Taxable Income Of A Nonresident Estate Or Trust › Section 138.1 - New York taxable income of a nonresident estate or trust

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 638
The New York taxable income of a nonresident estate or
						trust is its Federal taxable income, as defined by the Internal Revenue Code
						for the taxable year, to the extent derived from or connected with New York
						State sources, subject to the applicable New York modifications and New York
						personal exemption in lieu of the Federal exemption. Subject to the applicable
						New York modifications and New York personal exemption, the New York taxable
						income of a nonresident estate or trust includes its share of its Federal
						distributable net income and, in addition thereto, any other items of income,
						gain, loss or deduction of the estate or trust recognized for Federal income
						tax purposes but not included in Federal distributable net income, to the
						extent that such share and any other items are derived from or connected with
						New York State sources. The New York taxable income of a nonresident estate or
						trust is subject to the ordinary tax plus a tax surcharge (for years in effect)
						at the rates prescribed, respectively, in sections 602 and 601-B of the Tax
						Law. For taxable years beginning on or after January 1, 1978, if a nonresident
						estate or trust has New York personal service taxable income and otherwise
						meets the requirements of section 603-A of the Tax Law, such estate or trust
						must compute its maximum tax in accordance with the provisions of such section
						in lieu of computing the ordinary tax on its New York taxable income. The New
						York State minimum taxable income of a nonresident estate or trust is
						determined as described in Part 141 of this Article, the New York State
						separate tax of a nonresident estate or trust on the termination of a qualified
						higher education fund is determined as described in section 601-D of the Tax
						Law, and the New York separate tax of a nonresident estate or trust on the
						ordinary income portion of a lump sum distribution is determined as described
						in Part 142 of this Article. See sections
						106.1,
						106.4,
						106.6 and
						106.8 
						of this Title and Part 140 of this Article for credits against the taxes
						imposed on a nonresident estate or trust. For the definition of a
nonresident estate or trust,
see section 105.24 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 138 - New York Taxable Income Of A Nonresident Estate Or Trust › Section 138.2 - Items in distributable net income

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 638(a)(1)
The share of an estate or trust in its distributable net
						income from New York State sources is the amount, if any, by which such
						distributable net income from New York State sources exceeds the aggregate of
						the shares therein of all its beneficiaries. Such share of the estate or trust
						and the applicable modifications are determined under Part 139 of this
						Article.
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 138 - New York Taxable Income Of A Nonresident Estate Or Trust › Section 138.3 - Items not in distributable net income

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 638(a)(2)
In determining the New York taxable income of a
						nonresident estate or trust, there must be added or subtracted, as the case may
						be, any other items of income, gain, loss or deduction of the estate or trust
						recognized for Federal income tax purposes but which are not reflected in
						distributable net income as provided in section
						138.2 
						of this Part, to the extent such items are derived from or connected with New
						York State sources as determined in accordance with the applicable rules of
						Part 132 of this Article as in the case of a nonresident individual. All such
						items of income or gain must also be increased or decreased, as the case may
						be, by the amount of any of the applicable modifications described in section
						138.4 
						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 138 - New York Taxable Income Of A Nonresident Estate Or Trust › Section 138.5 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 138 - New York Taxable Income Of A Nonresident Estate Or Trust › Section 138.6 - Items derived from or connected with New York State sources

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 638(b)
For purposes of this Part, an item of income, gain, loss
						or deduction, including items comprising income in respect of a decedent, is
						considered derived from or connected with New York State sources when any such
						item is attributable to the ownership by the estate or trust of any interest in
						real or tangible personal property in New York State, or when the item is
						attributable to a business, trade, profession or occupation carried on in New
						York State by the estate or trust, in accordance with the applicable rules set
						forth in Part 132 of this Article as in the case of nonresident individuals.
						Deductions with respect to capital losses, net long-term capital gains and net
						operating losses are based solely on income, gains, losses and deductions
						derived from or connected with New York State sources but otherwise determined
						in the same manner as the corresponding Federal deductions (see section
						132.7 
						of this Article). With respect to net long-term capital gains of a nonresident
						estate or trust from New York State sources in excess of its net short-term
						capital losses from New York State sources, see section
						112.2(i) 
						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 139 - Share Of A Nonresident Estate, Trust Or Beneficiary In Income From New York State Sources › Section 139.1 - Share of a nonresident estate, trust or beneficiary in income from New York State sources

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 639(a)
A nonresident estate or trust's taxable income includes
						its share of Federal distributable net income, after taking into consideration
						any applicable New York modifications, to the extent that such share is from
						New York State sources (see Part 138 of this Article). The adjusted gross
						income of a nonresident beneficiary of any resident or nonresident estate or
						trust includes his share of Federal distributable net income, after taking into
						consideration any applicable New York modifications, to the extent that his
						share is from New York State sources (see section
						132.1 
						of this Article). The taxable shares described in this section must be
						determined in the manner described in sections
						139.2
						through
						139.5  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 139 - Share Of A Nonresident Estate, Trust Or Beneficiary In Income From New York State Sources › Section 139.2 - Distributable net income from New York State sources

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 639(a)(1)
A nonresident estate or trust must determine those items
						of income, gain, loss and deduction, entering into the definition of
Federal distributable net income,
which are derived from or
						connected with New York State sources under the applicable rules set forth in
						Part 132 of this Article.
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 139 - Share Of A Nonresident Estate, Trust Or Beneficiary In Income From New York State Sources › Section 139.3 - Modifications

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 639(a)(2)
(a) The applicable modifications, described
					 in sections
					 112.2
					 and
					 112.3 
					 of this Title, pertaining to items from New York State sources which enter into
					 the definition of
Federal distributable net income
must,
					 except as provided in subdivision (b) of this section, be combined into a
					 single net figure. This figure, which may be a plus or minus figure, is termed
net change.
After this figure is computed, it is then
					 allocated in the manner described in section
					 139.4 
					 of this Part for allocating distributable net income from New York State
					 sources. However, when a New York State item, which would give rise to a
					 modification, has already been included in Federal distributable net income, no
					 modification which would have the effect of duplicating the item is required to
					 be made. (An example would be interest income received by an estate on State of
					 California bonds, the basis for a modification under section
					 112.2(a) 
					 of this Title, where the bonds are assets of a New York State business which is
					 continued by the executor of a nonresident decedent's estate.)
(b)
Modifications not includible in net
					 change.
Any modification, or portion thereof, described in
						subdivision (a) of this section relating to an item of income, gain, loss or
						deduction derived from New York State sources which enters into the definition
						of
Federal distributable net income
is not to be included in
						determining net change, under subdivision (a) of this section, if the item to
						which the modification pertains is paid or permanently set aside during the
						taxable year for a New York State charitable purpose pursuant to the terms of
						the governing instrument of the estate or trust. If a charitable organization
						is designated in the governing instrument as a distributee of a percentage or
						part of the estate or trust income, gain, loss or deduction, but not as the
						distributee of a particular item of income, gain, loss or deduction, the
						portion of such a modification to be excluded from the determination of net
						change is such proportion of the modification as the amount paid or payable to
						the charitable organization bears to the total income of the estate or trust.
						For purposes of this Part,
New York State charitable purpose
means contributions to the State of New York or any political subdivision
						thereof, or to any corporation, trust, community chest, fund, foundation or
						other entity organized or operated under the laws of New York State, which are
						allowed as deductions in computing Federal taxable income.
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 139 - Share Of A Nonresident Estate, Trust Or Beneficiary In Income From New York State Sources › Section 139.5 - Character of items

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 639(a)(3)(B)
Each of the estate or trust items of income, gain, loss
						or deduction has the same character for New York State personal income tax
						purposes as for Federal income tax purposes. Where an item is not characterized
						for Federal income tax purposes, the item shall have the same character as if
						realized directly from the source from which realized by the estate or trust,
						or incurred in the same manner as incurred by the estate or trust. The same is
						true if an estate or trust item is not required to be taken into account for
						Federal tax purposes (such as interest on bonds of the State of
						California).
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 140 - Credit To Nonresident Beneficiary Of Trust Receiving Accumulation Distribution › Section 140.2 - Limitation

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 640
The credit allowable under this Part may not reduce the
						New York State personal income tax otherwise due from the nonresident
						beneficiary to an amount less than the amount which would have been due if the
						accumulation distribution and the New York modifications (net change)
						applicable thereto were excluded from the beneficiary's New York adjusted gross
						income.
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 141 - New York State Minimum Taxable Income Of Nonresidents › Section 141.1 - New York State minimum taxable income of nonresidents

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 641(a)
(a)
General.
The New York State minimum taxable income of a nonresident individual or of a nonresident estate or trust is the total of the New York items of tax preference reduced, but not below zero, by the aggregate of the following:
(1) the specific deduction described in section 141.2  of this Part;
(2) the New York State personal income tax described in paragraph (b)(2) of this section; and
(3) any net operating loss for the taxable year available as a carryover to a succeeding taxable year which was derived from or connected with New York State sources, as determined in accordance with the provisions of section 132.7  of this Article (see subdivision [c] of this section).
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 141 - New York State Minimum Taxable Income Of Nonresidents › Section 141.2 - Specific deduction

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 641(c)
(a)
Nonresident individuals.
The specific deduction of a nonresident individual, or
						married individuals filing a joint return, is an amount which bears the same
						ratio to $5,000 (or $2,500, in the case of a married individual filing a
						separate return) as the New York items of tax preference (determined as
						explained in section
						141.1[b][1] 
						of this Part) bear to the total New York items of tax preference (determined as
						explained in section
						122.1[b]
						[1]  of this Title), computed as if such
						nonresident taxpayer were a resident. The amount of the specific deduction
						allowable under this paragraph may not exceed $5,000 in the case of nonresident
						individuals, or married individuals filing a joint return, or $2,500 in the
						case of a married individual filing a separate return.
(b)
Nonresident estates and
					 trusts.
(1) The specific deduction of a
					 nonresident estate or trust is an amount, not to exceed $5,000, which bears the
					 same ratio to $5,000 as its New York items of tax preference (determined as
					 explained in section
					 141.1[b][1] 
					 of this Part) bear to the sum of the New York items of tax preference
					 (determined as explained in section
					 122.1[b][1] 
					 of this Title) of the estate or trust (including the portion thereof allocated
					 to the beneficiaries of such estate or trust), as if such nonresident estate or
					 trust were a resident estate or trust.
(2) Reduction of the specific deduction is
					 required only in cases where the fiduciary has allocated items of tax
					 preference to the beneficiaries of the estate or trust during 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 141 - New York State Minimum Taxable Income Of Nonresidents › Section 141.3 - Disallowance of credits against New York State minimum income tax

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 641(d)
The following credits against ordinary tax otherwise
						allowable under this Title 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 taxes paid on the purchase of any catalytic,
					 purifying or bleaching chemical agent (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); and
(g) credit to a
					 nonresident beneficiary of a trust receiving an accumulation distribution (see
					 Part 140 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 142 - Computation Of Separate Tax On The Ordinary Income Portion Of Lump Sum Distributions Received By Nonresident Individuals, Estates And Trusts › Section 142.1 - Computation of separate tax on the ordinary income portion of lump sum distributions received by nonresident individuals, estates and trusts

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 642
(a)
General.
Where a nonresident individual, estate or trust receives a lump sum distribution on or after January 1, 1978, and elects the special 10-year averaging method under section  402(e) of the Internal Revenue Code with respect to the ordinary income portion of the lump sum distribution, the nonresident recipient of the distribution is subject to the New York State separate tax imposed by section 601-C of the Tax Law to the extent that the ordinary income portion of such distribution is wholly or partly derived from or connected with New York State sources.
(1) The ordinary income portion of a lump sum distribution is wholly derived from or connected with New York State sources if the distribution is received by a nonresident taxpayer from a qualified plan established for either a resident individual or for a nonresident individual who performed services wholly within New York State as an employee, a sole proprietor or a partner. See paragraph (b)(1) of this section for amount of the separate tax.
(2) The ordinary income portion of a lump sum distribution is partly derived from or connected with New York State sources if the distribution is received by a nonresident taxpayer from a qualified plan established for a nonresident individual who performed services partly within and partly without New York State as an employee, a sole proprietor or a partner. See paragraph (b)(2) of this section for the amount of the separate tax.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.1 - New York State income tax returns and liabilities-general

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 651
In general, except as otherwise provided in this
						Subchapter, the rules and tests described in the Internal Revenue Code and its
						applicable regulations with respect to the requirements for filing Federal
						income tax returns and liabilities for payment of income tax of any individual,
						estate or trust, including the filing requirements concerning partnerships,
						also apply in determining the filing requirements and income tax liabilities
						for New York State personal income tax purposes.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.2 - Who must file a New York State personal income tax return

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 651(a) and 658(a)
(a) Except as otherwise provided in this
					 Subchapter, a New York State personal income tax return must be made and filed
					 by or for:
(1) every resident individual:
(i) required to file a Federal income tax
					 return for the taxable year; or
(ii) having New York adjusted gross income
					 for the taxable year, determined under Part 112 of this Title, in excess of the
					 sum of such individual's New York personal exemptions, but not including an
					 individual, husband and wife, head of a household or surviving spouse who,
					 pursuant to section 601 (a)(2)  of the Tax Law is
					 not required to pay an ordinary tax; or
(iii) having any New York items of tax
					 preference in excess of the specific deduction determined under section
					 122.7(a) 
					 of this Title; or
(iv) subject to
					 the separate tax imposed by section 601 - D of the Tax Law, upon the termination
					 of a qualified higher education fund; or
(v) having received during the taxable year a
					 lump sum distribution, any portion of which is subject to the separate tax
					 imposed by section 601-C of the Tax Law;
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 151 - New York State Income Tax Returns And Liabilities › Section 151.3 - New York State personal income tax returns by or for minors

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 651
For income tax purposes, a minor is a taxpayer and is
						subject to the same requirements for making New York State returns of income as
						are other individuals, even though the minor's parent has, under local law, the
						legal right to the minor's earnings from personal services and actually
						receives such earnings. If the minor is unable to make his New York State
						personal income tax return, his parent, guardian or other person charged with
						the care of his person or property must make and file such return for him; see
						section
						151.12 
						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 4 - New York State Income Tax Returns and Payment of Income Tax › Part 151 - New York State Income Tax Returns And Liabilities › Section 151.4 - Partnerships

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 658(c)
Every partnership which has (a) a partner who is a
						resident of New York State, or (b) any income derived from or connected with
						New York State sources (determined in accordance with the applicable rules of
						Part 132 of this Title as in the case of a nonresident individual), must also
						file a New York State partnership return regardless of the amount of its
						income. (See section
						158.9 
						of this Article). For a partnership consisting entirely of nonresident aliens,
						see also sections
						152.11 and
						158.9 
						of this Article.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.5 - Claims for refund or credit-New York State income tax return required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every taxpayer
					 who claims a refund or credit of New York State personal income tax withheld,
					 or of New York State estimated income tax paid during the year, must file a New
					 York State income tax return to obtain any such refund or credit, even though
					 such taxpayer would not otherwise be required to do so. A taxpayer who is not
					 required to file a New York State personal income tax return under paragraph
					 (a)(1) or (3) of section
					 151.2 
					 of this Part, and who files a Federal income tax return only to obtain a refund
					 or credit of Federal income tax overpaid, is not required to file a New York
					 State personal income tax return unless such taxpayer claims a refund or credit
					 of New York State income tax also. For example, a single individual whose
					 Federal gross income for the taxable year 1986 is $4,000 or less ($2,500 or
					 less for taxable years beginning after December 31, 1971 and before January 1,
					 1986), from which only Federal income tax was withheld, but no New York State
					 personal income tax, may be required to file a Federal income tax return to
					 obtain a refund of the Federal income tax withheld. However, if such individual
					 was a resident of New York State for the entire taxable year, such individual
					 would not be required to file a New York State personal income tax return if
					 such individual meets all of the following conditions for the taxable year:
(1) such individual's New York adjusted gross
					 income for the taxable year is $4,000 or less;
(2) such individual did not have any New York
					 items of tax preference in excess of the specific deduction;
(3) such individual was not subject to the
					 separate tax upon the termination of a qualified higher education fund;
					 and
(4) such individual was not
					 subject to the separate tax on the ordinary income portion of a lump sum
					 distribution.
See section
						151.2(a)(1) 
						of this Part with respect to the conditions referred to in this section.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.6 - New York State personal income tax returns in case of a change of residence of an individual or of a trust

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Individual.
(1) An individual who changes
					 residence to or from New York State during the taxable year must file two New
					 York State personal income tax returns--one for the period when such individual
					 was a resident and the other for the period when such individual was a
					 nonresident--if such individual meets any of the following conditions (unless
					 otherwise provided for in paragraph [2] of this subdivision):
(i) such individual's New York adjusted gross
					 income from all sources during the resident period plus such individual's New
					 York adjusted gross income from New York State sources during the nonresident
					 period equals or exceeds:
(a) $600 (or $1,200
					 if such individual is at least 65 years of age at the close of the taxable
					 year) for taxable years beginning in or after 1960 but before 1970;
(b) $625 (or $1,250 if such individual is at
					 least 65 years of age at the close of the taxable year) for taxable years
					 beginning in 1970;
(c) $650 (or
					 $1,300 if such individual is at least 65 years of age at the close of the
					 taxable year) for taxable years beginning in or after 1971 but before
					 1979;
(d) $700 (or $1,400 if such
					 individual is at least 65 years of age at the close of the taxable year) for
					 taxable years beginning in 1979;
(e) $750 (or $1,500 if such individual is at
					 least 65 years of age at the close of the taxable year) for taxable years
					 beginning in 1980 and 1981;
(f)
					 $800 (or $1,600 if such individual is at least 65 years of age at the close of
					 the taxable year) for taxable years beginning in or after 1982 but before
					 1985;
(g) $850 (or $1,700 if such
					 individual is at least 65 years of age at the close of the taxable year) for
					 taxable years beginning in 1985 and 1986;
(h) $900 (or $1,800 if such individual is at
					 least 65 years of age at the close of the taxable year) for taxable years
					 beginning in 1987 and thereafter; or
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 151 - New York State Income Tax Returns And Liabilities › Section 151.7 - Exclusion or deduction relating to income earned abroad

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A resident individual (i.e., an individual who is domiciled in New York State and does not meet the requirements of section 605[a][1] of the Tax Law to be considered a nonresident) who is required to file a Federal income tax return must also file a New York State resident personal income tax return even though:
(1) some or all of his income may have been earned in a foreign country and may be excluded from Federal gross income pursuant to section  911 of the Internal Revenue Code; or
(2) he may have been entitled to a deduction from Federal gross income for certain expenses of living abroad pursuant to section  913 of the Internal Revenue Code.
In either case, he must attach to his New York State resident personal income tax return a copy of Federal form 2555 (Deduction from or Exclusion of Income Earned Abroad). For extension of time granted for this purpose, see Part 157 of this Article.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.8 - New York State personal income tax returns of military personnel

Current through Register Vol. 46, No. 28, July 10, 2024
Persons in the United States Armed Forces are subject to
						the same requirements for filing New York State personal income tax returns as
						any other taxpayers. However, see Part 157 of this Article for extensions of
						time, and section 696  of the Tax Law with respect to the time
						for filing a New York State personal income tax return by a member of the Armed
						Forces of the United States serving in an area properly designated as a combat
						zone, or who is hospitalized as a result of such service.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.9 - New York State personal income tax returns for short taxable periods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Resident and
					 nonresident individuals. Where a resident or a nonresident individual has a
					 short taxable period due to a change in accounting period (see section 604 of
					 the Tax Law), such individual must file a New York State personal income tax
					 return for such short taxable period if such individual meets any of the
					 following conditions:
(1) such individual is
					 a resident of New York State and is required to file a Federal income tax
					 return for such short taxable period; or
(2) such individual's New York adjusted gross
					 income for such period, determined under Part 112 of this Title (if such
					 individual is a resident) or under Part 132 of this Title (if such individual
					 is a nonresident), exceeds the prorated portion of such individual's New York
					 personal exemptions, i.e., the amount which bears the same ratio to the full
					 amount of New York personal exemptions as the number of months in the short
					 period bears to 12 months. However, notwithstanding the provisions of the
					 preceding sentence, a New York State nonresident personal income tax return
					 must be filed for such short taxable period where a nonresident individual
					 incurs a net operating loss for New York State personal income tax purposes but
					 does not incur a net operating loss for Federal income tax purposes;
					 or
(3) such individual's total New
					 York items of tax preference, determined under section
					 122.1(b) 
					 of this Title (if such individual is a resident) or under section
					 141.1(b) 
					 of this Title (if such individual is a nonresident), exceeds the allowable
					 specific deduction determined, respectively, under section
					 122.7(a) 
					 or section
					 141.2(a) 
					 of this Title; or
(4) such
					 individual is subject to the separate tax imposed by section 601-D of the Tax
					 Law upon the termination during such period of a qualified higher education
					 fund; or
(5) such individual
					 received a lump sum distribution during such period, any portion of which is
					 subject to the separate tax imposed by section 601-C of the Tax Law.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.10 - New York State personal income tax returns of husband and wife

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 651(b)
(a)
Separate Federal income tax
					 returns.
If a husband and wife file separate Federal income tax
						returns, they must also file separate New York State personal income tax
						returns on separate forms. For this purpose, they must use form IT-201 or form
						IT-203, whichever is applicable, and their tax liabilities shall be
						separate.
(b)
Joint
					 Federal income tax returns.
(1)
					 General.
The Federal rules for determining whether a husband and
						wife qualify for filing a joint Federal income tax return also apply for New
						York State personal income tax purposes. However, where a change of residence
						occurs during the taxable year, see Part 154 of this Article. If a husband and
						wife (other than a husband and wife described in subdivision [c] of this
						section) file a joint Federal income tax return, or if neither spouse files a
						Federal income tax return, they may either:
(i) file a joint New York State personal
					 income tax return (on form IT-200, IT-201 or IT-203), even though one spouse
					 has no income, in which event their income tax liabilities will be joint and
					 several and each will be liable for the entire income tax on such joint return,
					 except as provided in subdivision (e) of this section and subsection (e) of
					 section 685  of the Tax Law; or
(ii) elect to file separate New York State
					 personal income tax returns, provided they do so on a single form IT-201 or
					 IT-203 and comply with the requirements of the Tax Commission relative to the
					 determination of their separate income taxes on such single form. In this
					 event, their income tax liabilities will be separate, except as provided in
					 subdivision (d) of this section.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.11 - New York State personal income tax returns for decedents

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 651(c)
(a)
General.
In general, the same rules for filing New York State
						personal income tax returns apply to a decedent as in the case of any other
						taxpayer. The executor or administrator of the estate of a taxpayer who died
						during the taxable year, or any other person charged with the property of such
						a decedent, must make and file a New York State personal income tax return for
						him on the form (IT-200, IT-201 or IT-203) which would have been appropriate
						had he lived. For the decedent's taxable year which ends with the date of his
						death, such return will cover the period during which he was
						alive.
(b)
Joint New
					 York State personal income tax return after death.
(1) Where one or both spouses die during the
					 year and would have been entitled to file a joint New York State personal
					 income tax return had they lived, a joint New York State personal income tax
					 return may be made, on form IT-200, form IT-201 or form IT-203, if:
(i) a joint Federal income tax return was
					 made for the taxable year;
(ii) the
					 taxable year of both decedents, or of the decedent and the surviving spouse (as
					 the case may be), began on the same day and ended on different days only
					 because of the death of either or both;
(iii) neither taxpayer was reporting for a
					 part of a year as a result of a change in accounting period; and
(iv) the surviving spouse did not remarry
					 before the end of 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 4 - New York State Income Tax Returns and Payment of Income Tax › Part 151 - New York State Income Tax Returns And Liabilities › Section 151.12 - Individuals under a disability

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 651(d)
The New York State personal income tax return required
						for an individual who is unable to make a New York State personal income tax
						return by reason of minority, insanity or other disability must be made and
						filed by his guardian, committee, fiduciary or other person charged with the
						care of his person or property (other than a receiver in possession of only a
						part of his property), or by his duly authorized agent. In such a case, the
						fiduciary or other person charged with the care of his person or property is
						liable for the income tax.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.13 - Estates and trusts

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 651 (e)
The New York State fiduciary income tax return for an
						estate or trust must be made on form IT-205 (supplemented in certain instances
						by form IT-205-A) and filed by the fiduciary. When the fiduciary is a trustee
						of two or more trusts, he must make a separate New York State fiduciary income
						tax return for each trust, even though such trusts were created by the same
						grantor for the same beneficiary or beneficiaries.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.14 - Joint fiduciaries

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 651(f)
If two or more fiduciaries are acting jointly for any
						individual under disability or for any estate or trust, the New York State
						fiduciary income tax return required by section
						151.12
						or
						151.13  of this
						Part may be made and filed by any one of them.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.15 - Preparation of New York State income tax returns

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) Each taxpayer should carefully prepare
					 his New York State income tax return so as to fully and clearly set forth the
					 data required to be stated therein. Incomplete or incorrect New York State
					 income tax returns will not ordinarily be accepted as meeting the requirements
					 of law. However, a written statement filed by a taxpayer which fully and
					 clearly discloses all items of his income and the deductions thereform, even
					 though not made on the prescribed form, may be accepted as a tentative New York
					 State income tax return sufficient to relieve the taxpayer from liability for
					 the penalties imposed for delinquent filing, provided that it is filed within
					 the prescribed time and is accompanied by full payment of any income tax shown
					 to be due thereon, and provided further that it is replaced without unnecessary
					 delay by a New York State income tax return made on the prescribed
					 form.
(2) The Tax Commission will
					 permit, under prescribed conditions and upon compliance with official
					 specifications, the reproduction of certain New York State income tax forms.
					 Official New York State income tax forms used for reporting income for taxable
					 years commencing on or after January 1, 1972 under article 22 of the Tax Law
					 may be reproduced and filed with the New York State Department of Taxation and
					 Finance and computer-prepared forms may be substituted for the official forms,
					 if they comply with the standards and requirements prescribed by the New York
					 State Department of Taxation and Finance.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.16 - Notice of consent for beneficiaries of qualified higher education funds

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 612(k)
An eligible beneficiary of a qualified higher education
						fund (see subparagraph [C] of paragraph [3] of subsection [k] of section 612  of the Tax Law) will cease to be an
						eligible beneficiary of such fund, unless such eligible beneficiary files a
						notice of consent with the Tax Commission within either six months after such
						eligible beneficiary's 18th birthday or six months after the date the fund is
						established, whichever is later. The notice of consent for a beneficiary of a
						qualified higher education fund, relating to New York State personal income tax
						treatment of payments to such eligible beneficiary or on such eligible
						beneficiary's behalf from such fund, must be executed on form IT-273 and
						submitted to New York State Income Tax, PASS Unit, W.A. Harriman Campus,
						Albany, NY 12227.
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 151 - New York State Income Tax Returns And Liabilities › Section 151.19 - Group New York State nonresident personal income tax return for nonresident shareholders of New York S corporations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. A New York S corporation may be
					 granted approval by the Department of Taxation and Finance to file a New York
					 State group nonresident personal income tax return on behalf of its qualified
					 nonresident shareholders who elect to have the S corporation file on their
					 behalf.
(b) The rules pertaining to
					 group filing for partnerships and nonresident partners, as provided by section
					 151.17 
					 of this Part, shall be applicable, in their entirety, to S corporations and
					 their nonresident shareholders electing to file group nonresident returns. The
					 provisions of such section shall apply in the same manner and effect as if such
					 provisions had been incorporated in full in this section, except where
					 inconsistent or irrelevant, and as if the language contained therein had
					 expressly referred to New York S corporations and nonresident shareholders
					 thereof, rather than partnerships and partners.