Section 636. New York minimum taxable income of nonresidents or part-year residents

(a) The New York minimum taxable income of a  nonresident  or  part-year  resident  individual, estate or trust shall be the sum of the
  items of tax preference, as described in subsection (b) of this section,
  reduced (but not below zero) by the aggregate of the following:
    (1) the applicable specific deduction described in subsection  (c)  of
  this section;
    ** (2) the tax on New York taxable income determined under section six
  hundred  one  for  the  taxable  year, reduced by the sum of the credits
  allowable under this article, except for the credit  under  section  six
  hundred seventy-three; and
    ** NB Applies to taxable years beginning after 1991
    (2)  the  tax  on New York taxable income determined under section six
  hundred one for the taxable year, reduced by  the  sum  of  the  credits
  allowable  under  this  article, except for the credits under subsection
  (b) of section six hundred six and section  six  hundred  seventy-three;
  and
    (3)  to the extent that the sum of the items of tax preference exceeds
  the applicable specific deduction described in subsection  (c)  of  this
  section plus the tax described in paragraph two above, the amount of any
  net  operating loss of the taxpayer, determined as provided in paragraph
  four of subsection (b) of section six hundred thirty-one, which  remains
  as  a net operating loss carryover to a succeeding taxable year. In such
  case, however, the amount of such net operating loss used to reduce  the
  sum  of  the  items of tax preference shall be treated as an item of tax
  preference in the next succeeding taxable years, in order  of  time,  in
  which such net operating loss carryover reduces federal taxable income.
    ** (b)   For  purposes  of  this  article,  the  term  "items  of  tax
  preference" shall mean:
    (1) In the case of a nonresident, the  items  of  tax  preference,  as
  defined  in  subsection  (b)  of section six hundred twenty-two, derived
  from or connected with New York sources, as  such  term  is  defined  in
  subsection (b) of section six hundred thirty-one.
    (2) In the case of a part-year resident, the sum of:
    (A)  The  items  of  tax  preference,  as defined in subsection (b) of
  section six hundred twenty-two, for the period of residence, computed as
  if the taxable year for federal income tax purposes were limited to  the
  period of residence.
    (B)  The  items  of  tax  preference  for  the period of nonresidence,
  determined in accordance with paragraph one of this subsection, computed
  as if the taxable year for federal income tax purposes were  limited  to
  the period of nonresidence.
    ** NB Applies to taxable years beginning after 1993
    (b)  For  purposes of this article, the term "items of tax preference"
  shall mean the items of tax preference, as defined in subsection (b)  of
  section  six hundred twenty-two, derived from or connected with New York
  sources, as such term is  defined  in  subsection  (b)  of  section  six
  hundred thirty-one, including the special accrual pursuant to subsection
  (e)  of this section, of a nonresident or part-year resident individual,
  estate or trust, as the case may be, for the taxable year.
    (c) Specific deduction.
    (1) Nonresident or part-year resident  individuals.--An  amount  which
  bears  the  same  ratio to five thousand dollars, or twenty-five hundred
  dollars in the case of a married individual filing a separate return, as
  his items of tax  preference  computed  under  subsection  (b)  of  this
  section bear to his total items of tax preference computed as if he were
  a  resident  under  subsection (b) of section six hundred twenty-two for
  the taxable year. Provided, however, the  amount  allowable  under  this

  paragraph shall not exceed five thousand dollars, or twenty-five hundred
  dollars in the case of a married individual filing a separate return.
    (2)  Nonresident  or part-year resident estates or trusts.--An amount,
  not to exceed five thousand dollars, which bears the same proportion  to
  five  thousand  dollars  as  its  items of tax preference computed under
  subsection (b) of this section bear to the  sum  of  the  items  of  tax
  preference  of  such  estate  or trust computed as if it were a resident
  estate or trust under subsection (b) of section six  hundred  twenty-two
  for  the  taxable  year  but without regard to any apportionment of such
  items  of  tax  preference  between  such  estate  or  trust   and   the
  beneficiaries  thereof as provided in such subsection (b) of section six
  hundred twenty-two.
    ** (d) Disallowance of credits.--The credits against  tax  under  this
  article,  except  for the credits under paragraph four of subsection (c)
  and paragraph four of subsection (d) of  section  six  hundred  six  and
  under section six hundred seventy-three shall not be allowed against the
  tax imposed by section six hundred two.
    ** NB Applies to taxable years beginning on or after January 1, 1996
    ** (d)  Disallowance  of  credits.--The credits against tax under this
  article, except for the credits under paragraph four of  subsection  (d)
  of  section  six hundred six and under section six hundred seventy-three
  shall not be allowed against the tax imposed by section six hundred two.
    ** NB Applies to taxable years beginning after 1993
    (d) Disallowance of  credits.--The  credits  against  tax  under  this
  article,  except  for  the  credit  under  subsection (e) of section six
  hundred six and under section six hundred  seventy-three  shall  not  be
  allowed against the tax imposed by section six hundred two.
    ** (e) Special accrual. If the status of a taxpayer changes during his
  taxable  year  from  resident  to  nonresident,  or  from nonresident to
  resident, the taxpayer shall, regardless of his  method  of  accounting,
  accrue  for  the  portion  of  the  taxable year prior to such change of
  status any item of tax  preference  accruing  prior  to  the  change  of
  status,  if  the  item of tax preference is not otherwise subject to tax
  under section six hundred two for such portion of the  taxable  year  or
  for  a  prior  taxable  year. No item of tax preference which is accrued
  under this subsection shall be subject to tax under section six  hundred
  two for any subsequent taxable period. The accrual under this subsection
  shall  not  be  required if the taxpayer files with the tax commission a
  bond or other security acceptable to  the  tax  commission,  conditioned
  upon  the  payment of tax under section six hundred two, with respect to
  such amount accruable under this subsection, for  a  subsequent  taxable
  year as if the taxpayer had not changed his resident status.
    ** NB Repealed for taxable years beginning after 1993
    * NB Applies to taxable years beginning after 1987