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This entry was published on 2014-09-22
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SECTION 290
Imposition of tax
Tax (TAX) CHAPTER 60, ARTICLE 13
§ 290. Imposition of tax. (a) General. For every taxable year or part
thereof, every organization described in paragraph two of subsection (a)
of section five hundred eleven of the internal revenue code of nineteen
hundred fifty-four and every trust described in paragraph two of
subsection (b) of section five hundred eleven of such code carrying on
an unrelated trade or business in New York shall pay a tax at the rate
of nine per centum on its unrelated business taxable income for such
year, or on the portion thereof allocated to this state, as provided in
section two hundred ninety-three, or two hundred fifty dollars,
whichever is greater.

(b) Unrelated trade or business carried on by a receiver. Any
receiver, referee, trustee, assignee or fiduciary, or any officer or
agent appointed by any court, who carries on the unrelated trade or
business of an organization or trust described in either paragraph two
of subsection (a) or paragraph two of subsection (b) of section five
hundred eleven of the internal revenue code of nineteen hundred
fifty-four shall be subject to the tax imposed by this article in the
same manner and to the same extent as if the unrelated trade or business
were carried on by the agents, officers or trustees of such organization
or trust.

(c) Exemptions. (1) Every corporation liable to tax under article
nine-a of this chapter shall not be subject to tax under this article.

(2) Every organization whose sole unrelated trade or business carried
on in New York consists of activities constituting an unrelated trade or
business solely by virtue of section 501(m)(2)(A) of the internal
revenue code shall not be subject to tax under this article.

(3) Any income derived from the conduct of games of chance or from
rental of premises for the conduct of games of chance pursuant to a
license granted under article nine-A of the general municipal law shall
not be subject to tax under this article.