New York Imposition Of Tax.
Code Resources
New York Resources
New York Website
New York Governor
New York Legislature
New York Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
§ 601. Imposition of tax. (a) Resident married individuals filing
joint returns and resident surviving spouses. There is hereby imposed
for each taxable year on the New York taxable income of every resident
married individual who makes a single return jointly with his spouse
under subsection (b) of section six hundred fifty-one and on the New
York taxable income of every resident surviving spouse a tax determined
in accordance with the following tables:
(1) For taxable years beginning after two thousand five:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable
income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
$26,000
Over $40,000 $1,946 plus 6.85% of excess over
$40,000
(2) For taxable years beginning in two thousand five:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable
income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.25% of excess over
$150,000
Over $500,000 $34,856 plus 7.7% of excess over
$500,000
(3) For taxable years beginning in two thousand four:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable
income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.375% of excess over
$150,000
Over $500,000 $35,294 plus 7.7% of excess over
$500,000
(4) For taxable years beginning in two thousand three:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable
income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.5% of excess over
$150,000
Over $500,000 $35,731 plus 7.7% of excess over
$500,000
(5) For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable
income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
$26,000
Over $40,000 $1,946 plus 6.85% of excess over
$40,000
(6) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $16,000 $440 plus 5% of excess over
$11,000
Over $16,000 but not over $22,000 $690 plus 6% of excess over
$16,000
Over $22,000 $1,050 plus 7% of excess over
$22,000
(7) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $13,000 4.55% of the New York taxable
income
Over $13,000 but not over $19,000 $592 plus 5.55% of excess over
$13,000
Over $19,000 but not over $25,000 $925 plus 6.55% of excess over
$19,000
Over $25,000 $1,318 plus 7.5% of excess over
$25,000
(8) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $16,000 $440 plus 5% of excess over
$11,000
Over $16,000 but not over $22,000 $690 plus 6% of excess over
$16,000
Over $22,000 but not over $26,000 $1,050 plus 7% of excess over
$22,000
Over $26,000 $1,330 plus 7.875% of excess over
$26,000
(b) Resident heads of households. There is hereby imposed for each
taxable year on the New York taxable income of every resident head of a
household a tax determined in accordance with the following tables:
(1) For taxable years beginning after two thousand five:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
$17,000
Over $30,000 $1,492 plus 6.85% of excess over
$30,000
(2) For taxable years beginning in two thousand five:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
$17,000
Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.25% of excess over
$125,000
Over $500,000 $35,187 plus 7.7% of excess over
$500,000
(3) For taxable years beginning in two thousand four:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
$17,000
Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.375% of excess over
$125,000
Over $500,000 $35,656 plus 7.7% of excess over
$500,000
(4) For taxable years beginning in two thousand three:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
$17,000
Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.5% of excess over
$125,000
Over $500,000 $36,125 plus 7.7% of excess over
$500,000
(5) For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
$17,000
Over $30,000 $1,492 plus 6.85% of excess over
$30,000
(6) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $7,500 4% of the New York taxable
income
Over $7,500 but not over $11,000 $300 plus 5% of excess over
$7,500
Over $11,000 but not over $15,000 $475 plus 6% of excess over
$11,000
Over $15,000 $ 715 plus 7% of excess over
$15,000
(7) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $9,000 4.55% of the New York taxable
income
Over $9,000 but not over $14,000 $410 plus 5.55% of excess over
$9,000
Over $14,000 but not over $19,000 $687 plus 6.55% of excess over
$14,000
Over $19,000 $1,015 plus 7.5% of excess over
$19,000
(8) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $7,500 4% of the New York taxable
income
Over $7,500 but not over $11,000 $300 plus 5% of excess over
$7,500
Over $11,000 but not over $15,000 $475 plus 6% of excess over
$11,000
Over $15,000 but not over $17,000 $715 plus 7% of excess over
$15,000
Over $17,000 $855 plus 7.875% of excess over
$17,000
(c) Resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts. There is hereby
imposed for each taxable year on the New York taxable income of every
resident individual who is not a married individual who makes a single
return jointly with his spouse under subsection (b) of section six
hundred fifty-one or a resident head of a household or a resident
surviving spouse, and on the New York taxable income of every resident
estate and trust a tax determined in accordance with the following
tables:
(1) For taxable years beginning after two thousand five:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable
income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
$13,000
Over $20,000 $973 plus 6.85% of excess over
$20,000
(2) For taxable years beginning in two thousand five:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable
income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
$13,000
Over $20,000 but not over $100,000 $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.25% of excess over
$100,000
Over $500,000 $35,453 plus 7.7% of excess over
$500,000
(3) For taxable years beginning in two thousand four:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable
income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
$13,000
Over $20,000 but not over $100,000 $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.375% of excess over
$100,000
Over $500,000 $35,953 plus 7.7% of excess over
$500,000
(4) For taxable years beginning in two thousand three:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable
income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
$13,000
Over $20,000 but not over $100,000 $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.5% of excess over
$100,000
Over $500,000 $36,453 plus 7.7% of excess over
$500,000
(5) For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable
income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
$13,000
Over $20,000 $973 plus 6.85% of excess over
$20,000
(6) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $5,500 4% of the New York taxable
income
Over $5,500 but not over $8,000 $220 plus 5% of excess over
$5,500
Over $8,000 but not over $11,000 $345 plus 6% of excess over
$8,000
Over $11,000 $525 plus 7% of excess over
$11,000
(7) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $6,500 4.55% of the New York taxable
income
Over $6,500 but not over $9,500 $296 plus 5.55% of excess over
$6,500
Over $9,500 but not over $12,500 $462 plus 6.55% of excess over
$9,500
Over $12,500 $659 plus 7.5% of excess over
$12,500
(8) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
If the New York taxable
income is: The tax is:
Not over $5,500 4% of the New York taxable
income
Over $5,500 but not over $8,000 $220 plus 5% of excess over
$5,500
Over $8,000 but not over $11,000 $345 plus 6% of excess over
$8,000
Over $11,000 but not over $13,000 $525 plus 7% of excess over
$11,000
Over $13,000 $665 plus 7.875% of excess over
$13,000
(d) Tax table benefit recapture. For taxable years beginning after
nineteen hundred ninety, there is hereby imposed a supplemental tax in
addition to the tax imposed under subsections (a), (b) and (c) of this
section for the purpose of recapturing the benefit of the tax tables
contained in such subsections or section six hundred ninety-nine of this
article, as the case may be. The supplemental tax shall be an amount
equal to the sum of the tax table benefits in paragraphs one, two and
three of this subsection multiplied by their respective fractions in
such paragraphs provided, however, that paragraph two of this subsection
shall not apply to taxpayers that are not subject to the second highest
rate of tax.
(1) Resident married individuals filing joint returns, resident
surviving spouses, resident heads of households, resident unmarried
individuals, resident married individuals filing separate returns and
resident estates and trusts. (A) The tax table benefit is the difference
between (i) the amount of taxable income set forth in the tax table in
subsection (a), (b) or (c), of this section, as the case may be, or in
section six hundred ninety-nine, as the case may be, not subject to the
6.85 percent rate of tax for the taxable year multiplied by such rate
and (ii) the dollar denominated tax for such amount of taxable income
set forth in the tax table applicable to the taxable year in subsection
(a), (b) or (c) of this section, as the case may be, or section six
hundred ninety-nine, as the case may be.
(B) The fraction is computed as follows: the numerator is the lesser
of fifty thousand dollars or the excess of New York adjusted gross
income for the taxable year over one hundred thousand dollars and the
denominator is fifty thousand dollars.
(2) Resident married individuals filing joint returns, surviving
spouses, resident heads of households, resident unmarried individuals,
resident married individuals filing separate returns and resident
estates and trusts. (A) The tax table benefit is the difference between
(i) the amount of taxable income set forth in the tax table in
subsection (a), (b) or (c) of this section, as the case may be, not
subject to the second highest rate of tax for the taxable year
multiplied by such rate and (ii) the second highest dollar denominated
tax for such amount of taxable income set forth in the tax table
applicable to the taxable year in subsection (a), (b) or (c) of this
section, as the case may be, less the tax table benefit in paragraph one
of this subsection.
(B) The fraction is computed as follows: the numerator is the lesser
of fifty thousand dollars or the excess of New York adjusted gross
income for the taxable year over one hundred fifty thousand dollars and
the denominator is fifty thousand dollars.
(C) This paragraph shall only apply to taxable years beginning after
two thousand two and before two thousand six.
(3) Resident married individuals filing joint returns, surviving
spouses, resident heads of households, resident unmarried individuals,
resident married individuals filing separate returns and resident
estates and trusts. (A) The tax table benefit is the difference between
(i) the amount of taxable income set forth in the tax table in
subsection (a), (b) or (c) of this section, as the case may be, not
subject to the highest rate of tax for the taxable year multiplied by
such rate and (ii) the highest dollar denominated tax set forth in the
tax table applicable to the taxable year in subsection (a), (b) or (c)
of this section, as the case may be, less the sum of the tax table
benefits in paragraphs one and two of this subsection.
(B) For such taxpayers with adjusted gross income over five hundred
thousand dollars, the fraction is one. Provided, however, that the total
tax prior to the application of any tax credits shall not exceed the
highest rate of tax set forth in the tax table in subsection (a) of this
section multiplied by the taxpayer's taxable income.
(C) This paragraph shall only apply to taxable years beginning after
two thousand two and before two thousand six.
* (e) Nonresidents and part-year residents. (1) General. There is
hereby imposed for each taxable year on the taxable income which is
derived from sources in this state of every nonresident and part-year
resident individual and trust and every nonresident estate a tax which
shall be equal to the tax base multiplied by the New York source
fraction.
(2) Tax base. The tax base is the tax computed under subsections (a)
through (d) of this section, as the case may be, reduced by the credits
permitted under subsections (b), (c), (d) and (m) of section six hundred
six, as if such nonresident or part-year resident individual, estate or
trust were a resident subject to the provisions of part II of this
article.
(3) New York source fraction. The New York source fraction is a
fraction the numerator of which is such individual's, estate's or
trust's New York source income determined in accordance with part III of
this article and the denominator of which is such individual's New York
adjusted gross income determined in accordance with part II of this
article or such estate's or trust's New York adjusted gross income
determined under paragraph four of this subsection.
(4) New York adjusted gross income of an estate or trust. New York
adjusted gross income of an estate or trust means its federal adjusted
gross income, determined under subsection (e) of section sixty-seven of
the internal revenue code, with the modifications provided in section
six hundred eighteen, other than that portion of the modification
provided in subsection three thereof which relates to section six
hundred fifteen.
* NB Takes effect January 1, 1988 and applies to taxable years
beginning after 1987
* (f) Partners and partnerships. A partnership as such shall not be
subject to tax under this article. Persons carrying on business as
partners shall be liable for tax under this article only in their
separate or individual capacities. As used in this article, the term
"partnership" shall include, unless a different meaning is clearly
required, a subchapter K limited liability company. The term "subchapter
K limited liability company" shall mean a limited liability company
classified as a partnership for federal income tax purposes. The term
"limited liability company" means a domestic limited liability company
or a foreign limited liability company, as defined in section one
hundred two of the limited liability company law, a limited liability
investment company formed pursuant to section five hundred seven of the
banking law, or a limited liability trust company formed pursuant to
section one hundred two-a of the banking law.
* NB Applicable to taxable years beginning after 1986.
* (g) Associations taxable as corporations. An association, trust or
other unincorporated organization which is taxable as a corporation for
federal income tax purposes shall not be subject to tax under this
article.
* NB Applicable to taxable years beginning after 1986.
* (h) Exempt trusts and organizations. A trust or other unincorporated
organization which by reason of its purposes or activities is exempt
from federal income tax shall be exempt from tax under this article
(regardless of whether subject to federal and state income tax on
unrelated business taxable income). A qualified higher education fund,
as defined in paragraph three of subsection (k) of section six hundred
twelve, shall be exempt from tax under this article.
* NB Applicable to taxable years beginning after 1986.
* (h) Exempt trusts and organizations. A trust or other unincorporated
organization which by reason of its purposes or activities is exempt
from federal income tax shall be exempt from tax under this article
(regardless of whether subject to federal and state income tax on
unrelated business taxable income).
* NB Applies to taxable years beginning after 1987
* (i) Cross references. For definitions of New York taxable income of:
(1) Resident individual, see section six hundred eleven.
(2) Resident estate or trust, see section six hundred eighteen.
(3) Nonresident individual, see section six hundred thirty-one.
(4) Nonresident estate or trust, see section six hundred thirty-eight.
* NB Applies to taxable years prior to 1988
* (i) Cross references. For definitions of New York taxable income of:
(1) Resident individual, see section six hundred eleven.
(2) Resident estate or trust, see section six hundred eighteen.
* NB Takes effect January 1, 1988 and applicable to taxable years
beginning after 1987.