Section 6. Resident and nonresident defined


Latest version.
  • --(a) Resident individual.--A
      resident individual means an individual:
        (1) who is domiciled in the city, unless  he  maintains  no  permanent
      place  of  abode  in  the  city,  maintains  a  permanent place of abode
      elsewhere, and spends in the aggregate not more than thirty days of  the
      taxable year in the city, or
        (2)  who  is not domiciled in the city but maintains a permanent place
      of abode in the city and spends in the aggregate more than  one  hundred
      eighty-three  days  of  the  taxable  year  in  the  city,  unless  such
      individual is in the  armed  forces  of  the  United  States  during  an
      induction period.
        (b)   Nonresident   individual.--A  nonresident  individual  means  an
      individual who is not a resident.
        (c) Resident estate or trust.--A resident estate or trust means:
        (1) the estate of a decedent who at his death  was  domiciled  in  the
      city,
        (2)  a  trust,  or  a  portion  of  a  trust,  consisting  of property
      transferred by will of a decedent who at his death was domiciled in  the
      city, or
        (3) a trust, or a portion of a trust, consisting of property of:
        (A)  a  person  domiciled  in  the  city at the time such property was
      transferred to the trust, if such trust or portion of a trust  was  then
      irrevocable, or if it was then revocable and has not subsequently become
      irrevocable; or
        (B)  a person domiciled in the city at the time such trust, or portion
      of a trust, became irrevocable, if it was revocable when  such  property
      was transferred to the trust but has subsequently become irrevocable.
        For  the  purposes  of the foregoing, a trust or portion of a trust is
      revocable if it is subject to a power, exercisable immediately or at any
      future time, to revest title in the person  whose  property  constitutes
      such  trust  or  portion  of  a trust, and a trust or portion of a trust
      becomes  irrevocable  when  the  possibility  that  such  power  may  be
      exercised has been terminated.
        (d)  Nonresident estate or trust.--A nonresident estate or trust means
      an estate or trust which is not a resident.
        (e) Cross reference.--For effect of change of an individual's resident
      status, see section thirty-four.