Section 34. Change of residence status during the year  


Latest version.
  • -- (a) General.-- If
      an individual changes his status during his taxable year  from  resident
      to  nonresident,  or  from  nonresident  to  resident, he shall file one
      return as a resident for the portion of the year during which  he  is  a
      resident,  and  an information return for the portion of the year during
      which  he  is  a  nonresident,  subject  to  such  exceptions   as   the
      administrator may prescribe by regulation. Such information return shall
      be due at the same time as the return for the portion of the year during
      which such individual is a resident.
        (b)   City  taxable  income  for  portion  of  year  individual  is  a
      resident.--The city taxable income for the portion of  the  year  during
      which  he  is  a  resident  shall  be  determined, except as provided in
      subdivision (c), under part II of this local law as if his taxable  year
      for  federal  income  tax  purposes  were  limited  to the period of his
      resident status.
        (c) Special accruals.--(1) If an individual changes  his  status  from
      resident   to  nonresident,  he  shall,  regardless  of  his  method  of
      accounting, accrue for the portion of the taxable  year  prior  to  such
      change  of  status any items of income, gain, loss or deduction accruing
      prior to the change of status,  if  not  otherwise  properly  includible
      (whether  or  not  because  of  an  election to report on an installment
      basis) or allowable for city income tax purposes for such portion of the
      taxable year or for a prior taxable year. The amounts  of  such  accrued
      items shall be determined with the applicable modifications described in
      sections  twelve and fifteen as if such accrued items were includible or
      allowable for federal income tax purposes.
        (2) If an individual changes his status from nonresident to  resident,
      he shall, regardless of his method of accounting, accrue for the portion
      of  the taxable year prior to such change of status any items of income,
      gain, loss or deduction accruing prior to the change of status,  if  not
      otherwise  properly includible (whether or not because of an election to
      report on an installment basis) or  allowable  for  federal  income  tax
      purposes  for  such  portion  of the taxable year or for a prior taxable
      year. The amounts of such accrued items shall  be  determined  with  the
      applicable  modifications described in sections twelve and fifteen as if
      such accrued items were includible or allowable for federal  income  tax
      purposes.
        (3)  No item of income, gain, loss or deduction which is accrued under
      this subdivision  shall  be  taken  into  account  in  determining  city
      adjusted  gross income or the city itemized deduction for any subsequent
      taxable period.
        (4)  Where  an  individual  changes  his  status  from   resident   to
      nonresident,  the  accruals under this subdivision shall not be required
      if the individual files with the administrator a bond or other  security
      acceptable  to  the  administrator,  conditioned  upon  the inclusion of
      amounts accruable under this subdivision in city adjusted  gross  income
      for  one  or  more subsequent taxable years as if the individual had not
      changed his resident status.
        (d) Prorations.--Where an individual changes  his  status  during  his
      taxable  year  from  resident  to  nonresident  or  from  nonresident to
      resident, the city personal exemptions allowable under  section  sixteen
      shall  be  prorated,  under regulations of the administrator, to reflect
      the portions of the entire taxable year during which the individual  was
      a resident and a nonresident
        (e) Standard deduction.--Where an individual changes his status during
      his  taxable  year  from  resident to nonresident or from nonresident to
      resident, the city standard deduction allowable shall be either ten  per
      centum  of  city  adjusted  gross  income reported for the period during
    
      which he is a resident, or one thousand dollars  prorated  according  to
      the period covered by the return, whichever is less.