Section 1327*2. Change of resident status during year  


Latest version.
  • (a)  General.  If  an
      individual changes his status during his taxable year from city resident
      to city nonresident, or from city nonresident to city resident, he shall
      file  one  return  as a city resident for the portion of the year during
      which he is a city resident, and a return under a local  law  authorized
      by  article  thirty-B of this chapter for the portion of the year during
      which he is a city nonresident, subject to such exceptions as the  state
      tax commission may prescribe by regulation.
        (b)  Trusts.  If the status of a trust changes during its taxable year
      from city resident to city nonresident, or from city nonresident to city
      resident, the fiduciary shall file one return as a city  resident  trust
      for  the  portion  of the year during which the trust is a city resident
      trust, and a return under a local law authorized by article thirty-B  of
      this  chapter  for  the  portion of the year during which the trust is a
      city nonresident trust, subject to such  exceptions  as  the  state  tax
      commission may prescribe by regulations.
        (c) Computation of net state tax.  When an individual or trust changes
      resident  status during the taxable year, the net state tax shall be the
      net state tax determined as if such individual or  trust  were  a  state
      resident  for  the  entire  taxable  year,  multiplied by a fraction the
      numerator of which is such individual's or  trust's  New  York  adjusted
      gross  income  for  the  period of residence, computed as if the taxable
      year for federal tax purposes were limited to the period  of  residence,
      and  the  denominator  of which is such individual's or trust's New York
      adjusted gross income for the entire taxable year. For purposes  of  the
      preceding  sentence,  New  York  adjusted  gross  income  means New York
      adjusted gross  income  determined  under  article  twenty-two  of  this
      chapter.
        * NB Applies to taxable years beginning after 1987