20 NYCRR § 1-1.11
Stock
# (a)
The term “stock” means an interest in a corporation that is treated as equity for Federal income tax purposes. The definition includes corporate equity instruments similar to stocks, such as the following: business trust certificates; units in publicly traded partnerships included in the definition of “corporation” in section 208(1); shares of a RIC; and shares in a REIT.
# (b)
An interest in a corporation will be deemed to be treated as equity for Federal income tax purposes under this section if such interest would be treated as equity, rather than debt, based upon relevant Federal guidance and court decisions, and upon all surrounding facts and circumstances.
# (c)
Generally, the determination of the Internal Revenue Service as to whether an instrument is equity will be followed, but such determination is not binding on the commissioner.
Source: official source document (DTF adopted rule text, December 2023 corporate reform)
In this part (27 sections)
- 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
- 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…
- 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