Laws of New York (Last Updated: November 21, 2014) |
TAX Tax |
Article 30-B. CITY EARNINGS TAX ON NONRESIDENTS |
Section 4. Allocation to the city
Latest version.
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(a) General. If net earnings from self-employment are derived from services performed, or from sources, within and without the city, there shall be allocated to the city a fair and equitable portion of such earnings. (b) Allocation of net earnings from self-employment. (1) Place of business. If a taxpayer has no regular place of business outside the city all of his net earnings from self-employment shall be allocated to the city. (2) Allocation by taxpayer's books. The portion of net earnings from self-employment allocable to the city may be determined from the books and records of a taxpayer's trade or business, if the methods used in keeping such books and the accuracy thereof are approved by the state tax commission as fairly and equitably reflecting net earnings from self-employment within the city. (3) Allocation by formula. If paragraph two of this subsection does not apply to the taxpayer, the portion of net earnings from self-employment allocable to the city shall be determined by multiplying (A) net earnings from self-employment within and without the city, by (B) the average of the following three percentages: (i) Property percentage. The percentage computed by dividing (I) the average of the value, at the beginning and end of the taxable year, of real and tangible personal property connected with the net earnings from self-employment and located within the city, by (II) the average of the value, at the beginning and end of the taxable year, of all real and tangible personal property connected with the net earnings from self-employment and located both within and without the city. For this purpose, real property shall include real property, whether owned or rented. (ii) Payroll percentage. The percentage computed by dividing (I) the total wages, salaries and other personal service compensation paid or incurred during the taxable year to employees in connection with the net earnings from self-employment derived from a trade or business carried on within the city, by (II) the total of all wages, salaries and other personal service compensation paid or incurred during the taxable year to employees in connection with the net earnings from self-employment derived from a trade or business carried on both within and without the city. (iii) Gross income percentage. The percentage computed by dividing (I) the gross sales or charges for services performed by or through an agency located within the city, by (II) the total of all gross sales or charges for services performed within and without the city. The sales or charges to be allocated to the city shall include all sales negotiated or consummated, and charges for services performed, by an employee, agent, agency or independent contractor chiefly situated at, connected by contract or otherwise with, or sent out from, offices or other agencies of the trade or business from which a taxpayer is deriving net earnings from self-employment, situated within the city. (c) Other allocation methods. The portion of net earnings from self-employment allocable to the city shall be determined in accordance with rules and regulations of the state tax commission if it shall appear to the tax commission that the net earnings from self-employment are not fairly and equitably reflected under the provisions of subsection (b) of this section. (d) Special rules for real estate. Income and deductions from the rental of real property and gain and loss from the sale, exchange or other disposition of real property, shall not be subject to allocation under subsection (b) or (c) of this section, but shall be considered as entirely derived from or connected with the place in which such property is located.