20 NYCRR § 6-2.4

Combined group composition

Official textus-ny/regstax.ny.gov

# (a)

If the commonly owned group election is not in effect, the following steps must be taken annually to determine if a combined report is required and, if so, which corporations to include in the combined group:

# (1)

A taxpayer must first identify all of the corporations with which it is engaged in a unitary business.
This includes domestic, foreign and alien corporations.

# (2)

Of the group of corporations determined in paragraph (1) of this subdivision, a taxpayer must exclude any corporation that does not meet the capital stock requirement.

# (3)

Of the corporations remaining after paragraph (2) of this subdivision, any corporation prohibited from being included in a combined report must be excluded. The corporations remaining constitute the combined group for the taxable year.

# (b)

If the commonly owned group election is in effect, the following steps must be taken annually to determine which corporations to include in the combined group:

# (1)

A taxpayer must first identify all of the corporations that meet the capital stock requirement. This includes domestic, foreign and alien corporations.

# (2)

Of the corporations determined in paragraph (1) of this subdivision, any corporation prohibited from being included in a combined report must be excluded. The remaining corporations constitute the combined group for the taxable year.

# (3)

The commonly owned group has no relationship to the taxpayer’s Federal consolidated group and may, in fact, include corporations that are not, or cannot be, included in a Federal consolidated group with the taxpayer or corporations that are included in different Federal consolidated groups.

Source: official source document (DTF adopted rule text, December 2023 corporate reform)

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