Short period reports

# (a)

Except as provided in subdivision (c), a short period report is required in the case of:

# (1)

a newly organized taxpayer whose first accounting period is less than 12 months;

# (2)

a foreign corporation that becomes subject to tax in New York State subsequent to the commencement of its Federal accounting period;

# (3)

a taxpayer that dissolves, merges, consolidates or ceases to be subject to tax in New York State prior to the close of its accounting period for Federal income tax purposes;

# (4)

a taxpayer that changes its accounting period for Federal income tax purposes;

# (5)

a taxpayer that becomes part of or ceases to be part of a Federal consolidated group during the year;
or

# (6)

a taxpayer that changes from one Federal consolidated group to another Federal consolidated group during the year.

# (b)

# (1)

When any corporation meets the requirements to be included in a combined report, it must be included in the combined group starting with the date it meets the requirements to be included in that combined report.

# (2)

A corporation that is subject to article 9-A and is a separate filer under article 9-A prior to being included in a new combined group is required to file a short period report that ends on the day prior to the day it meets the requirements to be included in that combined group.

# (3)

A corporation that continues to be subject to tax as a separate filer after it leaves its existing combined group is required to file a short period report for the period starting on the day it no longer meets the combined reporting requirement with the existing combined group and ending on the last day of the corporation’s taxable year.

# (4)

When a corporation leaves one combined group (“combined group A”) because it no longer meets the requirements to be included in that combined group, and then joins a new combined group (“combined group B”), its activities, income, loss, assets and receipts are included in the calculation of tax on the combined report of combined group A from the first day of its taxable year until the day immediately preceding the day it no longer met the requirements to be included in combined group A. Its activities, income, loss, assets and receipts are included in the calculation of tax on the combined report of combined group B from the day it met the requirements to be included in combined group B until the last day of the taxable year of combined group B.

# (c)

A short period report is not required when one of the situations listed in paragraphs (4) through (6) of subdivision (a) of this section occurs, but the corporation remains in the same New York State combined report before and after those changes.