Current through 2024 NY Law Chapter 226
Section 15-126 - Change of residency statusA.General. If an individual changes his/her status during his/her taxable year from resident to nonresident, or from nonresident to resident, he/she shall file a return as a nonresident for the portion of the year during which he/she is a nonresident if he/she is subject to the tax imposed by this article or, if not subject to such tax, an information return for the portion of the year during which he/she is a nonresident, subject to such exceptions as the State Tax Commission may prescribe by regulation. Such information return shall be due at the same time as the return required by Article IX of this chapter for the portion of the year during which such individual is a resident.B.City of Yonkers taxable wages and net earnings from self-employment for portion of year individual is a nonresident. The City of Yonkers taxable wages and net earnings from self-employment for the portion of the year during which the taxpayer is a nonresident shall be determined, except as provided in Subsection C, under this article as if his/her taxable year for federal income tax purposes were limited to the period of his/her nonresident status.C.Special accruals. (1) If an individual changes his/her status from resident to nonresident, he/she shall, regardless of his/her 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 includable (whether or not because of an election to report on an installment basis) or allowable for City of Yonkers earnings tax purposes for such portion of the taxable year or a prior taxable year. The amounts of such accrued items shall be determined as such accrued items were includable or allowable for federal self-employment tax purposes.(2) If an individual changes his/her status from nonresident to resident, he/she 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 includable (whether or not because of such an election to report on an installment basis) or allowable for federal self-employment tax purposes for such portion of the taxable year or a prior taxable year. The amounts of such accrued items shall be determined as if such accrued items were includable or allowable for federal self-employment tax purposes.(3) No item of income, gain, loss or deduction which is accrued under this subsection shall be taken into account in determining city-adjusted wages earned or net earnings from self-employment within the City of Yonkers for any subsequent taxable period.(4) Where an individual changes his/her status from resident to nonresident, the accruals under this subsection shall not be required if the individual files with the State Tax Commission a bond or other security acceptable to the Commission, conditioned upon the inclusion of amounts accruable under this subsection in the determination of the City of Yonkers income tax surcharge under this Article X hereof for one (1) or more subsequent taxable years as if the individual had not changed his/her resident status. In such event, the tax under this article shall not apply to such amounts.D.Prorations. Where an individual changes his/her status during his/her taxable year from resident to nonresident or from nonresident to resident, the exclusion allowable under § 15-116B shall be prorated, under regulations of the State Tax Commission, to reflect the portions of the entire taxable year during which the individual was a resident and a nonresident.N.Y. Yonkers Income Tax Surcharge § 15-126