§ 1307 — Change of resident status

§ 1307. Change of resident status. (a) General. If an individual\nchanges his status during his taxable year from city resident to city\nnonresident, or from city nonresident to city resident, he shall file\none return as a city resident for the portion of the year during which\nhe is a city resident, and a return under a local law for the portion of\nthe year during which he is a city nonresident, subject to such\nexceptions as the state tax commission may prescribe by regulation. Such\nreturn shall be due at the same time as the return for the portion of\nthe year during which such individual is a city resident.\n (b) The city taxable income for the portion of the year during which\nan individual described in subsection (a) is a city resident individual\nshall be determined, except as provided in subsection (c), under the\nrules provided in section six hundred thirty-eight of this chapter, as\nif he were computing his New York taxable income and his taxable year\nfor New York state personal income tax purposes were limited to the\nperiod of his city resident status.\n (c) When an individual changes his status from city resident to city\nnonresident, or from city nonresident to city resident, he shall,\nregardless of his method of accounting, accrue any items of income,\ngain, loss, deduction or ordinary income portion of a lump sum\ndistribution accruing prior to the change of status, with the applicable\nmodifications and adjustments to federal adjusted gross income and\nitemized deductions under sections six hundred twelve and six hundred\nfifteen, if not otherwise properly includible or allowable for New York\nincome tax purposes for such period or a prior taxable year under his\nmethod of accounting. Such accruals shall be made as provided in section\nsix hundred thirty-nine of this chapter.\n (d) Trusts. If the status of a trust changes during its taxable year\nfrom city resident to city nonresident, or from city nonresident to city\nresident, the fiduciary shall file one return as a city resident trust\nfor the portion of the year during which the trust is a city resident\ntrust, and a return under a local law for the portion of the year during\nwhich the trust is a city nonresident trust, subject to such exceptions\nas the state tax commission may prescribe by regulations.\n (e) The city taxable income for the portion of the year during which a\ntrust described in subsection (d) is a city resident trust shall be\ndetermined, except as provided in subsection (c), under the rules\nprovided in section six hundred thirty-eight of this chapter, as if its\nNew York taxable income were being computed and its taxable year for New\nYork state personal income tax purposes were limited to the period of\nits city resident status.\n (f) When the status of a trust changes from city resident to city\nnonresident, or from city nonresident to city resident, it shall,\nregardless of its method of accounting, accrue any items of income,\ngain, loss or deduction accruing prior to the change of status. Such\naccruals shall be made as provided in section six hundred thirty-nine of\nthis chapter.\n