us-ny/regs
Subchapter A - Business Corporation Franchise Tax208 sections
Part 1 - IMPOSITION OF TAX27 sections
Subpart 1 — 1 - Definitions
- 1-1.1 General
- 1-1.2 Corporation
- 1-1.3 Credit cards
- 1-1.4 Effectively connected income
- 1-1.5 Partnership and partner
- 1-1.6 Real property
- 1-1.7 Regularly traded on an established securities market
- 1-1.8 Non-captive REIT and non-captive RIC
- 1-1.9 Report
- 1-1.10 S corporation
- 1-1.11 Stock
- 1-1.12 Tangible personal property
- 1-1.13 Taxable year
- 1-1.14 Taxpayer
Subpart 1 — 2 - Corporations Subject to Tax
- 1-2.1 Domestic corporations subject to tax
- 1-2.2 Foreign corporations subject to tax. General
- 1-2.3 Foreign corporations - partnership interests
- 1-2.4 Foreign corporation – doing business
- 1-2.5 Foreign corporation – employing capital
- 1-2.6 Foreign corporation – owning or leasing property
- 1-2.7 Foreign corporation – maintaining an office
- 1-2.8 Foreign corporation – deriving receipts
- 1-2.9 Activities deemed insufficient to subject foreign corporations to tax
- 1-2.10 Foreign corporations – Public Law 86-272
- 1-2.11 Corporations not subject to tax
- 1-2.12 Change of classification
- 1-2.13 Examples
Part 2 - ACCOUNTING PERIODS AND METHODS8 sections
Subpart 2 — 1 - Accounting Periods
Subpart 2 — 2 - Accounting Methods
Subpart 2 — 3 - Cessation Periods
Part 3 - COMPUTATION OF TAX51 sections
Subpart 3 — 1 - Tax Bases
Subpart 3 — 2 - General Rules
Subpart 3 — 3 - Entire Net Income
Subpart 3 — 4 - Investment Capital And
- 3-4.1 Definition of investment capital
- 3-4.2 Constitutionally protected investment capital
- 3-4.3 Investment capital identification procedures
- 3-4.4 Presumed investment capital that fails the holding period requirement
- 3-4.5 Definition of investment income
- 3-4.6 Definition of other exempt income
- 3-4.7 Attribution of interest deductions
- 3-4.8 Safe harbor reduction election
Subpart 3 — 5 - Business Capital
Subpart 3 — 6 - Examples of Income and Capital
Subpart 3 — 7 - Capital Losses
- 3-7.1 New York investment capital gains or losses in taxable years beginning on or after
- 3-7.2 New York business capital gains or losses in taxable years beginning on or after January
- 3-7.3 Capital losses sustained in taxable years beginning before January 1, 2015
- 3-7.4 Capital losses sustained in taxable years beginning on or after January 1, 2015
- 3-7.5 Application of New York net capital losses
- 3-7.6 Rules for combined reports
- 3-7.7 Record keeping
- 3-7.8 Examples
Subpart 3 — 8 - Computation of the Prior Net Operating Loss
- 3-8.1 Definitions
- 3-8.2 Computation of the unabsorbed net operating loss (UNOL)
- 3-8.3 Examples
- 3-8.4 PNOLC subtraction -- General
- 3-8.5 Corporations that are not allowed a PNOLC subtraction
- 3-8.6 Computation of PNOLC subtraction pool
- 3-8.7 Computation of the PNOLC subtraction
- 3-8.8 Impact of combined group changes on the PNOLC subtraction
- 3-8.9 Examples
- 3-8.10 Impact of certain corporate acquisitions on the PNOLC subtraction
- 3-8.11 Record-keeping
- 3-8.12 Subsequent changes
Subpart 3 — 9 - Net Operating Loss and Net Operating Loss
Part 4 - APPORTIONMENT46 sections
Subpart 4 — 1 - General
Subpart 4 — 2 - Specific Apportionment Rules
- 4-2.1 Receipts and net gains from the sale of tangible personal property
- 4-2.2 Net gains from the sale of real property
- 4-2.3 Receipts from rents and royalties
- 4-2.4 Net income from qualified financial instruments for corporations other than non-captive
- 4-2.5 Interest income and net gains from loans
- 4-2.6 Interest income and net gains from asset backed securities and other government agency
- 4-2.7 Interest income and net gains from corporate bonds
- 4-2.8 Net interest income from reverse repurchase agreements and securities borrowing
- 4-2.9 Net interest income from Federal funds
- 4-2.10 Net income from commodities
- 4-2.11 Marked to market net gains
- 4-2.12 Interest income, net gains, and other income from other financial instruments
- 4-2.13 Brokerage commissions
- 4-2.14 Receipts from credit cards and similar activities
- 4-2.15 Receipts received by credit card processors
- 4-2.16 Receipts from railroad, trucking and omnibus businesses
- 4-2.17 Receipts from the sale of advertising
Subpart 4 — 3 - Receipts From the Sale Of, Rental Of,
- 4-3.1 Definitions
- 4-3.2 General Principles
- 4-3.3 Special rules for determining primary use location
- 4-3.4 General rule for determining primary use location
- 4-3.5 Reasonable approximation based on customer information
- 4-3.6 Reasonable approximation based on general information
- 4-3.7 Where received method
- 4-3.8 Rules for intermediary transactions
- 4-3.9 Preceding taxable year method
- 4-3.10 Current taxable year method
- 4-3.11 Examples
Subpart 4 — 4 - Receipts From Other Services And
- 4-4.1 Definitions
- 4-4.2 General Principles
- 4-4.3 Special rules for determining where the benefit is received
- 4-4.4 General rule for determining where the benefit is received
- 4-4.5 Reasonable approximation based on customer information
- 4-4.6 Reasonable approximation based on general information
- 4-4.7 Delivery destination method
- 4-4.8 Rules for intermediary transactions
- 4-4.9 Preceding taxable year method
- 4-4.10 Current taxable year method
- 4-4.11 Examples
Part 5 - CREDITS AGAINST TAX8 sections
Subpart 5 — 1 - Investment Tax Credit
Subpart 5 — 2 - Employment Incentive Tax Credit
Subpart 5 — 3 - Security Training Tax Credit
Part 6 - REPORTS18 sections
Subpart 6 — 1 - General Requirements
Subpart 6 — 2 - Combined Reports
Subpart 6 — 3 - Form of Reports
Subpart 6 — 4 - Time and Place for Filing Reports
Part 7 - PAYMENT OF TAX, DECLARATION AND PAYMENT OF18 sections
Subpart 7 — 1 - Payment of Tax
Subpart 7 — 2 - Declaration of Estimated Tax
Subpart 7 — 3 - Payments of Estimated Tax
- 7-3.1 General
- 7-3.2 Definitions
- 7-3.3 First installment of estimated tax for certain taxpayers
- 7-3.4 Other installments of estimated tax
- 7-3.5 Impact of amendments of declaration on estimated payments
- 7-3.6 Application of installments based on preceding and second preceding year's tax
- 7-3.7 Short taxable years
- 7-3.8 Extension of time
- 7-3.9 Payments of installments in advance
Part 8 - METROPOLITAN TRANSPORTATION11 sections
Subpart 8 — 1 - General
Subpart 8 — 2 - Metropolitan Commuter Transportation District (mctd) Apportionment
Subpart 8 — 3 - Property Factor of Mctd
Subpart 8 — 4 - Receipts Factor of Mctd
Subpart 8 — 5 - Payroll Factor of Mctd
Part 9 - SPECIAL ENTITIES21 sections
Subpart 9 — 1 - Qualified New York Manufacturers
Subpart 9 — 2 - Corporate Partners
Subpart 9 — 3 - New York S Corporations
Subpart 9 — 4 - Real Estate Investment Trusts (reits)
Subpart 9 — 5 - Domestic International
Subchapter C - Franchise Taxes on Insurance Corporations8 sections
Part 32 - COMBINED RETURNS
- 32.1 General
- 32.2 Capital stock requirement
- 32.3 Substantial intercorporate transactions generally
- 32.4 Substantial intercorporate transactions receipts and expenditures tests
- 32.5 Substantial intercorporate transactions based on asset transfers
- 32.6 Combined group composition
- 32.8 Corporations not required or permitted to file a combined return
- 32.9 Examples