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2021 New York Laws
TAX - Tax
Article 22 - Personal Income Tax
Part 3 - Nonresidents and Part-Year Residents
637 - Computation of Separate Tax on the Ordinary Income Portion of Lump Sum Distributions Received by Nonresident or Part-Year Resident Individuals, Estate

Universal Citation:
NY Tax L § 637 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  637.  Computation of separate tax on the ordinary income portion of
lump sum distributions received by  nonresident  or  part-year  resident
individuals,  estates  and  trusts.  (a)  General. The tax imposed under
section six hundred three for any taxable  year,  with  respect  to  the
ordinary  income  portion  of  a  lump  sum  distribution  received by a
nonresident or part-year resident individual, estate or trust  shall  be
applicable  to  the  ordinary  income portion of a lump sum distribution
wholly or partly derived from or connected with New  York  sources,  and
the  amount of such tax shall be computed in the same manner as that set
forth in section six hundred twenty-four, except that if  the  lump  sum
distribution was partly derived from or connected with New York sources,
the total taxable amount and the ordinary income portion of the lump sum
distribution  referred  to  in  such  section  shall  be  determined  by
apportionment and allocation, pursuant to regulations promulgated by the
state tax commission.

(b) Special rule for part-year residents. In the case of a part-year resident, the ordinary income portion of a lump sum distribution wholly or partly derived from or connected with New York sources shall be the sum of:

(1) The ordinary income portion of a lump sum distribution for the period of residence, computed as if the taxable year for federal income tax purposes were limited to the period of residence.

(2) The ordinary income portion of a lump sum distribution for the period of nonresidence, determined in accordance with subsection (a) of this section, computed as if the taxable year for federal income tax purposes were limited to the period of nonresidence.

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