2006 New York Code - Change Of Resident Status.

 
    §  1307.  Change  of  resident  status.  (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 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. Such
  return shall be due at the same time as the return for  the  portion  of
  the year during which such individual is a city resident.
    (b)  The  city taxable income for the portion of the year during which
  an individual described in subsection (a) is a city resident  individual
  shall  be  determined,  except  as provided in subsection (c), under the
  rules provided in section six hundred thirty-eight of this  chapter,  as
  if  he  were  computing his New York taxable income and his taxable year
  for New York state personal income tax  purposes  were  limited  to  the
  period of his city resident status.
    (c)  When  an individual changes his status from city resident to city
  nonresident, or from  city  nonresident  to  city  resident,  he  shall,
  regardless  of  his  method  of  accounting, accrue any items of income,
  gain, loss, deduction,  items  of  tax  preference  or  ordinary  income
  portion  of  a  lump  sum  distribution  accruing prior to the change of
  status, with the applicable modifications  and  adjustments  to  federal
  adjusted  gross  income, itemized deductions and items of tax preference
  under sections six hundred twelve, six hundred fifteen and  six  hundred
  twenty-two,  if  not  otherwise properly includible or allowable for New
  York income tax purposes for such period or a prior taxable  year  under
  his  method  of  accounting.  Such accruals shall be made as provided in
  section six hundred thirty-nine of this chapter.
    (d) 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 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.
    (e) The city taxable income for the portion of the year during which a
  trust described in subsection (d) is a  city  resident  trust  shall  be
  determined,  except  as  provided  in  subsection  (c),  under the rules
  provided in section six hundred thirty-eight of this chapter, as if  its
  New York taxable income were being computed and its taxable year for New
  York  state  personal  income tax purposes were limited to the period of
  its city resident status.
    (f) When the status of a trust changes  from  city  resident  to  city
  nonresident,  or  from  city  nonresident  to  city  resident, it shall,
  regardless of its method of accounting,  accrue  any  items  of  income,
  gain,  loss  or  deduction  accruing prior to the change of status. Such
  accruals shall be made as provided in section six hundred thirty-nine of
  this chapter.