§ 103 — Unincorporated business defined

§ 103. Unincorporated business defined. (a) General.--An\nunincorporated business means any trade, business, profession or\noccupation conducted, engaged in or being liquidated by an individual or\nunincorporated entity, including a partnership or fiduciary or a\ncorporation in liquidation, but not including any entity subject to tax\nunder any local law imposed pursuant to section one of the act\nauthorizing the adoption of this title and not including any entity\ndoing an insurance business as a member or members of the New York\ninsurance exchange described in paragraph (a) of subdivision one of\nsection four hundred twenty-five-a of the insurance law.\n Unincorporated businesses subject to tax under a local law of the city\nimposing a tax on utilities shall not be subject to tax under this part;\nprovided, however, that unincorporated businesses, other than utility\nbusinesses subject to the supervision of the state department of public\nservice, which are subject to tax under a local law of the city imposing\na tax on vendors of utility services shall be subject to tax under this\npart on that percentage of their entire net income allocable to the city\nunder section one hundred seven which their receipts other than those\ntaxable under such local law taxing vendors of utility services is of\ntheir total receipts. If an individual or an unincorporated entity\ncarries on two or more unincorporated businesses, all such businesses\nshall be treated as one unincorporated business for the purposes of this\ntitle.\n (b) Services as employee, et cetera.--The performance of services by\nan individual as an employee or as an officer or director of a\ncorporation, society, association, or political entity, or as a\nfiduciary, shall not be deemed an unincorporated business, unless such\nservices constitute part of a business regularly carried on by such\nindividual.\n (d) Purchase and sale for own account.--An individual or other\nunincorporated entity, except a dealer holding property primarily for\nsale to customers in the ordinary course of his trade or business, shall\nnot be deemed engaged in an unincorporated business solely by reason of\nthe purchase and sale of property for his own account, but this\nsubdivision shall not apply if the unincorporated entity is taxable as a\ncorporation for federal income tax purposes.\n (e) Holding, leasing or managing real property.--An owner of real\nproperty, a lessee or a fiduciary shall not be deemed engaged in an\nunincorporated business solely by reason of holding, leasing or managing\nreal property.\n (f) Sales representative.--An individual, other than one who maintains\nan office or who employs one or more assistants or who otherwise\nregularly carries on a business, shall not be deemed engaged in an\nunincorporated business solely by reason of selling goods, wares,\nmerchandise or insurance for more than one enterprise. For purposes of\nthis subdivision, space utilized solely for the display of merchandise\nand/or for the maintenance and storage of records normally used in the\ncourse of business shall not be deemed an office, and the employment of\nclerical and secretarial assistance shall not be deemed the employment\nof assistants.\n (g) Exempt trusts and organizations.--A trust or other unincorporated\norganization which by reason of its purposes or activities is exempt\nfrom federal income tax shall not be deemed an unincorporated business\n(regardless of whether subject to federal income tax on unrelated\nbusiness taxable income).\n