(b) Limitations. (1) The credit under this section shall not exceed
the percentage of the tax otherwise due under section six hundred three
determined by dividing the portion of the taxpayer's ordinary income
portion of a lump sum distribution taxable both under section six
hundred three and by such other jurisdiction by the total amount of the
taxpayer's ordinary income portion of a lump sum distribution taxable
under section six hundred three.
(2) The credit under this section shall not reduce the tax otherwise
due under section six hundred three to an amount less than would have
been due if the portion of the ordinary income portion of a lump sum
distribution taxable both under section six hundred three and by such
other jurisdiction were excluded from the computation of the separate
tax imposed under section six hundred three.
(3) In the case of a taxpayer who elects to claim the foreign tax
credit for federal income tax purposes, the credit under this section
for income tax imposed by a province of Canada shall be allowed for that
portion of the provincial tax not claimed for federal purposes for the
taxable year or a preceding taxable year, provided however, to the
extent the provincial tax is claimed for federal purposes for a
succeeding taxable year, the credit under this section must be added
back in such succeeding taxable year. The provincial tax shall be deemed
to be claimed last for federal income tax purposes and for purposes of
this subsection.
Structure New York Laws
Article 22 - Personal Income Tax
611 - New York Taxable Income of a Resident Individual.
612 - New York Adjusted Gross Income of a Resident Individual.
613 - New York Deduction of a Resident Individual.
614 - New York Standard Deduction of a Resident Individual.
615 - New York Itemized Deduction of a Resident Individual.
616 - New York Exemptions of a Resident Individual.
617 - Resident Partners and Shareholders of S Corporations.
617-A - Residents; Special Provisions.
618 - New York Taxable Income of a Resident Estate or Trust.
619 - Share of a Resident Estate, Trust or Beneficiary in New York Fiduciary Adjustment.
620 - Credit for Income Tax of Another State.
620-A - Credit Against Separate Tax.
621 - Credits to Trust Beneficiary Receiving Accumulation Distribution.
625 - Gift for Fish and Wildlife Management.
626 - The United States Olympic Committee/lake Placid Olympic Training Center Fund.
626-A - Gift for Home Delivered Meals for Seniors.
627 - Gift for Breast Cancer Research and Education.
627-A - Gift for Honor and Remembrance of Veterans.
627-B - Gift for Assisting Homeless Veterans.
627-C - Gift for New York State Veterans' Homes.
628 - Gift for Missing and Exploited Children Clearinghouse Fund.
629 - Gift for Alzheimer's Disease Support Services.
629-A - Gift for Eliminating the Stigma Relating to Mental Illness.
629-B - Gift for Substance Use Disorder Education and Recovery.
630 - Gift for Prostate and Testicular Cancer Research and Education.
630-A - Gift for World Trade Center Memorial Foundation.
630-B - Gift for Volunteer Firefighting and Volunteer Emergency Services Fund.
630-C - Gift for New York State Teen Health Education Fund.
630-D - Gift for Women's Cancers Education and Prevention.
630-D*2 - Gift for Autism Awareness and Research.
630-E - Gift to the Love Your Library Fund.
630-F - Gift for Organ and Tissue Donation Outreach and Research.
630-F*2 - Gift for Als Research and Education.
630-F*3 - Gift for School-Based Health Centers.
630-F*4 - Gift for Lupus Education and Prevention.
630-F*5 - Gift for Military Families.
630-F*6 - Gift for City University of New York.
630-G - Gift for Leukemia, Lymphoma and Myeloma Research, Education and Treatment.
630-G*2 - Gift for the William B. Hoyt Memorial Children and Family Trust Fund.
630-G*3 - Gift to the Arts Fund.
630-H - New York State Campaign Finance Fund Check-Off.
630-I - Gifts for the State Library System.
630-I*2 - Gift for the Firearm Violence Research Fund.
630-I*3 - Gifts for Thoroughbred Aftercare.
630-J - Gifts for Standardbred Aftercare.
630-K - Gift for Lyme and Tick-Borne Diseases Education, Research and Prevention.