New York Tax Law (Consolidated Laws)
N.Y. Tax Law § 638
New York source income of a part-year resident
§ 638. New York source income of a part-year resident. (a) Individuals. The New York source income of a part-year resident individual shall be the sum of the following:
# (1)
New York adjusted gross income for the period of residence, determined in accordance with part II of this article as if the taxpayer's taxable year for federal income tax purposes were limited to the period of residence.
# (2)
New York source income for the period of nonresidence, determined in accordance with section six hundred thirty-one as if the taxpayer's taxable year for federal income tax purposes were limited to the period of nonresidence.
(b) Trusts. The New York source income of a part-year resident trust shall be the sum of the following:
(1) New York adjusted gross income for the period of residence, determined in accordance with paragraph four of subsection (e) of section six hundred one as if its taxable year for federal income tax purposes were limited to the period of residence.
(2) New York source income for the period of nonresidence, determined in accordance with section six hundred thirty-three as if its taxable year for federal income tax purposes were limited to the period of nonresidence.
(c) Stock option grants, stock appreciation rights and restricted stock. A part-year resident taxpayer who has been granted statutory stock options, restricted stock, nonstatutory stock options or stock appreciation rights and who, during such grant period, performs services within New York for, or is employed within New York by, the corporation granting such option, stock or right, shall compute his or her New York source income as determined under rules and regulations prescribed by the commissioner.
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In this article (40 sections)
- 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…
- 630-G*2 · Gift for the William B
- 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…
- 630-L · Gift for diabetes research and education
- 630-L*2 · Gift for cure childhood cancer research fund
- 631 · New York source income of a nonresident individual
- 632 · Nonresident partners and electing shareholders of S corporations
- 632-A · Personal service corporations and S corporations formed or…
- 633 · New York source income of a nonresident estate or trust
- 634 · Share of a nonresident beneficiary in income from New York sources
- 635 · Credit to trust beneficiary receiving accumulation distribution
- 637 · Computation of separate tax on the ordinary income portion of…
- 638 · New York source income of a part-year resident
- 639 · Accruals upon change of residence
- 651 · Returns and liabilities
- 652 · Time and place for filing returns and paying tax
- 653 · Signing of returns and other documents
- 654 · Relief from joint and several liability on joint return
- 657 · Extensions of time
- 658 · Requirements concerning returns, notices, records and statements
- 659 · Report of federal changes, corrections or disallowances
- 659-A · Reporting of federal partnership adjustments
- 660 · Election by shareholders of S corporations
- 661 · Change of election
- 662 · Computation of tax where taxpayer restores substantial amount…
- 663 · Estimated tax on sale or transfer of real property by nonresident
- 671 · Requirement of withholding tax from wages
- 672 · Information statement for employee
- 673 · Credit for tax withheld
- 674 · Employer's return and payment of withheld taxes
- 675 · Employer's liability for withheld taxes
- 676 · Employer's failure to withhold