(b) The city taxable income for the portion of the year during which
an individual described in subsection (a) is a city resident individual
shall be determined, except as provided in subsection (c), under the
rules provided in section six hundred thirty-eight of this chapter, as
if he were computing his New York taxable income and his taxable year
for New York state personal income tax purposes were limited to the
period of his city resident status.
(c) When an individual changes his status from city resident to city
nonresident, or from city nonresident to city resident, he shall,
regardless of his method of accounting, accrue any items of income,
gain, loss, deduction or ordinary income portion of a lump sum
distribution accruing prior to the change of status, with the applicable
modifications and adjustments to federal adjusted gross income and
itemized deductions under sections six hundred twelve and six hundred
fifteen, if not otherwise properly includible or allowable for New York
income tax purposes for such period or a prior taxable year under his
method of accounting. Such accruals shall be made as provided in section
six hundred thirty-nine of this chapter.
(d) Trusts. If the status of a trust changes during its taxable year
from city resident to city nonresident, or from city nonresident to city
resident, the fiduciary shall file one return as a city resident trust
for the portion of the year during which the trust is a city resident
trust, and a return under a local law for the portion of the year during
which the trust is a city nonresident trust, subject to such exceptions
as the state tax commission may prescribe by regulations.
(e) The city taxable income for the portion of the year during which a
trust described in subsection (d) is a city resident trust shall be
determined, except as provided in subsection (c), under the rules
provided in section six hundred thirty-eight of this chapter, as if its
New York taxable income were being computed and its taxable year for New
York state personal income tax purposes were limited to the period of
its city resident status.
(f) When the status of a trust changes from city resident to city
nonresident, or from city nonresident to city resident, it shall,
regardless of its method of accounting, accrue any items of income,
gain, loss or deduction accruing prior to the change of status. Such
accruals shall be made as provided in section six hundred thirty-nine of
this chapter.
Structure New York Laws
Article 30 - City Personal Income Tax
1301 - Authority to Impose Taxes.
1301-B - City Separate Tax on the Ordinary Income Portion of Lump Sum Distributions.
1302 - Persons Subject to Tax.
1305 - City Resident and City Nonresident Defined.
1306 - Returns and Liabilities.
1307 - Change of Resident Status.
1309 - Requirement of Withholding Tax From Wages.
1311 - Enforcement With Other Taxes.