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This entry was published on 2014-09-22
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SECTION 1302
Persons subject to tax
Tax (TAX) CHAPTER 60, ARTICLE 30
§ 1302. Persons subject to tax. (a) Imposition of tax. The city
personal income tax (other than the city separate tax on the ordinary
income portion of lump sum distributions) imposed pursuant to the
authority of this article shall be imposed for each taxable year on the
city taxable income of every city resident individual, estate and trust.
A taxpayer's taxable year for purposes of a tax imposed pursuant to the
authority of this article shall be the same as his taxable year under
article twenty-two of this chapter.

(b) Partners and partnerships. A partnership as such shall not be
subject to a tax imposed pursuant to the authority of this article.
Persons carrying on business as partners shall be liable for such tax
only in their separate or individual capacities. As used in this
article, the term "partnership" shall include, unless a different
meaning is clearly required, a subchapter K limited liability company.
The term "subchapter K limited liability company" shall mean a limited
liability company classified as a partnership for federal income tax
purposes. The term "limited liability company" means a domestic limited
liability company or a foreign limited liability company, as defined in
section one hundred two of the limited liability company law, a limited
liability investment company formed pursuant to section five hundred
seven of the banking law, or a limited liability trust company formed
pursuant to section one hundred two-a of the banking law.

(c) Associations taxable as corporations. An association, trust or
other unincorporated organization which is taxable as a corporation for
federal income tax purposes shall not be subject to a tax imposed
pursuant to the authority of this article.

(d) Exempt trusts and organizations. A trust or other unincorporated
organization which by reason of its purposes is exempt from federal
income tax shall be exempt from any tax imposed pursuant to the
authority of this article (regardless of whether subject to federal
income tax on unrelated business taxable income).