Laws of New York (Last Updated: November 21, 2014)
  TAX Tax
 Article 22. PERSONAL INCOME TAX
 Part III. NONRESIDENTS AND PART-YEAR RESIDENTS * 631. New York source income of a nonresident individual. * 632. Nonresident partners and electing shareholders of S corporations. * 633. New York source income of a nonresident estate or trust. * 634. Share of a nonresident beneficiary in income from New York sources. * 635. Credit to trust beneficiary receiving accumulation distribution. * 636. New York minimum taxable income of nonresidents or part-year residents. * 637. Computation of separate tax on the ordinary income portion of lump sum distributions received by nonresident or part-year resident individuals, estates and trusts. * 638. New York source income of a part-year resident. 639. Accruals upon change of residence. * NB Applicable to taxable years beginning after 1987. * PART III-NONRESIDENTS * 631. New York taxable income of a nonresident individual * 632. New York adjusted gross income of a nonresident individual. * 633. New York deduction of a nonresident individual * 634. New York standard deduction of a nonresident individual. * 635. New York itemized deduction of a nonresident individual. * 636. New York personal exemptions of a nonresident individual. * 637. Nonresident partners and electing shareholders of S corporations. * 638*. New York taxable income of a nonresident estate or trust. * 641. New York minimum taxable income of nonresidents. * 642. Computation of separate tax on the ordinary income portion of lump sum distributions received by nonresident individuals, estates and trusts. * (Repealed for taxable years beginning after 1987)

  Section 633. New York source income of a nonresident estate or trust  


Latest version.
  • (a)
      General.  The  New  York  source income of a nonresident estate or trust
      shall be the sum of the following:
        (1) The net amount of  items  of  income,  gain,  loss  and  deduction
      entering  into  federal  adjusted  gross  income,  as  determined  under
      paragraph four of subsection (e) of section  six  hundred  one,  derived
      from  or  connected  with New York sources. Such determination of source
      shall be made in accordance with the applicable  rules  of  section  six
      hundred thirty-one as in the case of a nonresident individual.
        (2)  The portion of the modifications described in section six hundred
      eighteen which relate to income derived from New York sources other than
      that portion of the modification provided in  subsection  three  thereof
      which relates to section six hundred fifteen.
        (b)  Special New York source rules. Deductions with respect to capital
      losses, passive activity losses and net operating losses shall be  based
      solely on income, gains, losses and deductions derived from or connected
      with  New  York  sources,  under  regulations of the tax commission, but
      otherwise determined in the same manner  as  the  corresponding  federal
      deductions.
      *  NB  Effective  January 1, 1988 and applies to taxable years beginning
      after 1987.