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This entry was published on 2014-09-22
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SECTION 1307
Change of resident status
Tax (TAX) CHAPTER 60, ARTICLE 30
§ 1307. Change of resident status. (a) General. If an individual
changes his status during his taxable year from city resident to city
nonresident, or from city nonresident to city resident, he shall file
one return as a city resident for the portion of the year during which
he is a city resident, and a return under a local law for the portion of
the year during which he is a city nonresident, subject to such
exceptions as the state tax commission may prescribe by regulation. Such
return shall be due at the same time as the return for the portion of
the year during which such individual is a city resident.

(b) The city taxable income for the portion of the year during which
an individual described in subsection (a) is a city resident individual
shall be determined, except as provided in subsection (c), under the
rules provided in section six hundred thirty-eight of this chapter, as
if he were computing his New York taxable income and his taxable year
for New York state personal income tax purposes were limited to the
period of his city resident status.

(c) When an individual changes his status from city resident to city
nonresident, or from city nonresident to city resident, he shall,
regardless of his method of accounting, accrue any items of income,
gain, loss, deduction or ordinary income portion of a lump sum
distribution accruing prior to the change of status, with the applicable
modifications and adjustments to federal adjusted gross income and
itemized deductions under sections six hundred twelve and six hundred
fifteen, if not otherwise properly includible or allowable for New York
income tax purposes for such period or a prior taxable year under his
method of accounting. Such accruals shall be made as provided in section
six hundred thirty-nine of this chapter.

(d) Trusts. If the status of a trust changes during its taxable year
from city resident to city nonresident, or from city nonresident to city
resident, the fiduciary shall file one return as a city resident trust
for the portion of the year during which the trust is a city resident
trust, and a return under a local law for the portion of the year during
which the trust is a city nonresident trust, subject to such exceptions
as the state tax commission may prescribe by regulations.

(e) The city taxable income for the portion of the year during which a
trust described in subsection (d) is a city resident trust shall be
determined, except as provided in subsection (c), under the rules
provided in section six hundred thirty-eight of this chapter, as if its
New York taxable income were being computed and its taxable year for New
York state personal income tax purposes were limited to the period of
its city resident status.

(f) When the status of a trust changes from city resident to city
nonresident, or from city nonresident to city resident, it shall,
regardless of its method of accounting, accrue any items of income,
gain, loss or deduction accruing prior to the change of status. Such
accruals shall be made as provided in section six hundred thirty-nine of
this chapter.