(b) City taxable income for portion of year individual is a
resident.--The city taxable income for the portion of the year during
which he is a resident shall be determined, except as provided in
subdivision (c), under part II of this local law as if his taxable year
for federal income tax purposes were limited to the period of his
resident status.
(c) Special accruals.--(1) If an individual changes his status from
resident to nonresident, he shall, regardless of his method of
accounting, accrue for the portion of the taxable year prior to such
change of status any items of income, gain, loss or deduction accruing
prior to the change of status, if not otherwise properly includible
(whether or not because of an election to report on an installment
basis) or allowable for city income tax purposes for such portion of the
taxable year or for a prior taxable year. The amounts of such accrued
items shall be determined with the applicable modifications described in
sections twelve and fifteen as if such accrued items were includible or
allowable for federal income tax purposes.
(2) If an individual changes his status from nonresident to resident,
he shall, regardless of his method of accounting, accrue for the portion
of the taxable year prior to such change of status any items of income,
gain, loss or deduction accruing prior to the change of status, if not
otherwise properly includible (whether or not because of an election to
report on an installment basis) or allowable for federal income tax
purposes for such portion of the taxable year or for a prior taxable
year. The amounts of such accrued items shall be determined with the
applicable modifications described in sections twelve and fifteen as if
such accrued items were includible or allowable for federal income tax
purposes.
(3) No item of income, gain, loss or deduction which is accrued under
this subdivision shall be taken into account in determining city
adjusted gross income or the city itemized deduction for any subsequent
taxable period.
(4) Where an individual changes his status from resident to
nonresident, the accruals under this subdivision shall not be required
if the individual files with the administrator a bond or other security
acceptable to the administrator, conditioned upon the inclusion of
amounts accruable under this subdivision in city adjusted gross income
for one or more subsequent taxable years as if the individual had not
changed his resident status.
(d) Prorations.--Where an individual changes his status during his
taxable year from resident to nonresident or from nonresident to
resident, the city personal exemptions allowable under section sixteen
shall be prorated, under regulations of the administrator, to reflect
the portions of the entire taxable year during which the individual was
a resident and a nonresident
(e) Standard deduction.--Where an individual changes his status during
his taxable year from resident to nonresident or from nonresident to
resident, the city standard deduction allowable shall be either ten per
centum of city adjusted gross income reported for the period during
which he is a resident, or one thousand dollars prorated according to
the period covered by the return, whichever is less.
Structure New York Laws
Article 2-D - City Personal Income Tax on Residents
25-A - Authorization to Impose Tax.
25-AP1-6 - City Personal Income Tax on Residents
25-A-2 - Persons Subject to Tax.
25-A-5 - Accounting Periods and Methods.
25-A-6 - Resident and Nonresident Defined.
25-A-11 - City Taxable Income of a Resident Individual.
25-A-12 - City Adjusted Gross Income of a Resident Individual.
25-A-13 - City Deduction of a Resident Individual.
25-A-14 - City Standard Deduction of a Resident Individual.
25-A-15 - City Itemized Deduction of a Resident Individual.
25-A-16 - City Personal Exemptions of a Resident Individual.
25-A-18 - City Taxable Income of a Resident Estate or Trust.
25-A-19 - Share of a Resident Estate, Trust or Beneficiary in City Fiduciary Adjustment.
25-A-20 - Credit to Trust Beneficiary Receiving Accumulation Distribution.
25-AP3 - Ruturns, Declarations and Payment of Tax
25-A-31 - Returns and Liabilities.
25-A-32 - Time and Place for Filing Returns and Paying Tax.
25-A-33 - Signing of Returns and Other Documents.
25-A-34 - Change of Residence Status During the Year.
25-A-35 - Declarations of Estimated Tax.
25-A-36 - Payments of Estimated Tax.
25-A-38 - Requirements Concerning Returns, Notices, Records and Statements.
25-A-39 - Report of Change in Federal Taxable Income.
25-A-51 - Requirement of Withholding Tax From Wages.
25-A-52 - Information Statement for Employee.
25-A-53 - Credit for Tax Withheld.
25-A-54 - Employer's Return and Payment of Withheld Taxes.
25-A-55 - Employer's Liability for Withheld Taxes.
25-A-56 - Employer's Failure to Withhold.
25-AP5 - Procedure and Administration
25-A-61 - Notice of Deficiency.
25-A-63 - Limitations on Assessment.
25-A-64 - Interest on Underpayment.
25-A-65 - Additions to Tax and Civil Penalties.
25-A-67 - Limitations on Credit or Refund.
25-A-68 - Interest on Overpayment.
25-A-69 - Petition to Administrator.
25-A-70 - Review of Administrator's Decision.
25-A-71 - Mailing Rules; Holidays.
25-A-72 - Collection, Levy and Liens.
25-A-74 - Jeopardy Assessment.
25-A-76 - Armed Forces Relief Provisions.
25-A-77 - General Powers of Administrator.
25-A-78 - Secrecy Requirement and Penalties for Violation.
25-A-90 - Deposit and Disposition of Revenues by Administrator.
25-A-91 - Effect of Invalidity in Part; Inconsistencies With Other Laws.