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Form a Business

General

NYC Admin. Code tit. 11, ch. 17, subch. 1
in effect

NYC Admin. Code § 11-1701 Imposition of tax.

§ 11-1701 Imposition of tax. General. A tax is hereby imposed on the city taxable income of every city resident individual, estate and trust determined in accordance with the rates set forth in subdivision (a) of this section for taxable years beginning before two thousand thirty, and in accordance with the rates set forth in subdivision (b) of this section for taxable years beginning after two thousand twenty-nine. Provided, however, that if, for any taxable year beginning after two thousand twenty-nine, the rates set forth in such subdivision (b) are rendered inapplicable and the rates set forth in such subdivision (a) are rendered applicable, then the tax for such taxable year shall be at the rates provided under subparagraph (A) of paragraphs one, two and three of such subdivision (a). Notwithstanding the foregoing sentences, for taxable years beginning after two thousand two and before two thousand six, a tax is hereby imposed on the city taxable income of every city resident individual, estate and trust determined in accordance with the rates set forth in subdivision (g) of this section and in accordance with the provisions of subdivision (h) of this section. During any taxable year beginning after two thousand two and before two thousand six, in which the tax imposed pursuant to this section is determined in accordance with subdivisions (g) and (h) of this section, the rates set forth in subdivisions (a) and (b) of this section shall be inapplicable, and the tax imposed pursuant to section 11-1704.1 of this chapter shall be suspended. (a) Rate of tax. A tax imposed pursuant to this section shall be determined as follows: (1) Resident married individuals filing joint returns and resident surviving spouses. The tax under this section for each taxable year on the city taxable income of every city resident married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 of this chapter and on the city taxable income of every city resident surviving spouse shall be determined in accordance with the following tables: (A) For taxable years beginning after two thousand sixteen: If the city taxable income is: The tax is: Not over $21,600 2.7% of the city taxable income Over $21,600 but not over $45,000 $583 plus 3.3% of excess over $21,600 Over $45,000 but not over $90,000 $1,355 plus 3.35% of excess over $45,000 Over $90,000 $2,863 plus 3.4% of excess over $90,000 (B) For taxable years beginning after two thousand fourteen and before two thousand seventeen: If the city taxable income is: The tax is: Not over $21,600 2.55% of the city taxable income Over $21,600 but not over $45,000 $551 plus 3.1% of excess over $21,600 Over $45,000 but not over $90,000 $1,276 plus 3.15% of excess over $45,000 Over $90,000 but not over $500,000 $2,694 plus 3.2% of excess over $90,000 Over $500,000 $16,803 plus 3.4% of excess over $500,000 (C) For taxable years beginning after two thousand nine and before two thousand fifteen: If the city taxable income is: The tax is: Not over $21,600 2.55% of the city taxable income Over $21,600 but not over $45,000 $551 plus 3.1% of excess over $21,600 Over $45,000 but not over $90,000 $1,276 plus 3.15% of excess over $45,000 Over $90,000 but not over $500,000 $2,694 plus 3.2% of excess over $90,000 Over $500,000 $15,814 plus 3.4% of excess over $500,000 (2) Resident heads of households. The tax under this section for each taxable year on the city taxable income of every city resident head of a household shall be determined in accordance with the following tables: (A) For taxable years beginning after two thousand sixteen: If the city taxable income is: The tax is: Not over $14,400 2.7% of the city taxable income Over $14,400 but not over $30,000 $389 plus 3.3% of excess over $14,400 Over $30,000 but not over $60,000 $904 plus 3.35% of excess over $30,000 Over $60,000 $1,909 plus 3.4% of excess over $60,000 (B) For taxable years beginning after two thousand fourteen and before two thousand seventeen: If the city taxable income is: The tax is: Not over $14,400 2.55% of the city taxable income Over $14,400 but not over $30,000 $367 plus 3.1% of excess over $14,400 Over $30,000 but not over $60,000 $851 plus 3.15% of excess over $30,000 Over $60,000 but not over $500,000 $1,796 plus 3.2% of excess over $60,000 Over $500,000 $16,869 plus 3.4% of excess over $500,000 (C) For taxable years beginning after two thousand nine and before two thousand fifteen: If the city taxable income is: The tax is: Not over $14,400 2.55% of the city taxable income Over $14,400 but not over $30,000 $367 plus 3.1% of excess over $14,400 Over $30,000 but not over $60,000 $851 plus 3.15% of excess over $30,000 Over $60,000 but not over $500,000 $1,796 plus 3.2% of excess over $60,000 Over $500,000 $15,876 plus 3.4% of excess over $500,000 (3) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. The tax under this section for each taxable year on the city taxable income of every city resident individual who is not a married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 of this chapter or a city resident head of a household or a city resident surviving spouse, and on the city taxable income of every city resident estate and trust shall be determined in accordance with the following tables: (A) For taxable years beginning after two thousand sixteen: If the city taxable income is: The tax is: Not over $12,000 2.7% of the city taxable income Over $12,000 but not over $25,000 $324 plus 3.3% of excess over $12,000 Over $25,000 but not over $50,000 $753 plus 3.35% of excess over $25,000 Over $50,000 $1,591 plus 3.4% of excess over $50,000 (B) For taxable years beginning after two thousand fourteen and before two thousand seventeen: If the city taxable income is: The tax is: Not over $12,000 2.55% of the city taxable income Over $12,000 but not over $25,000 $306 plus 3.1% of excess over $12,000 Over $25,000 but not over $50,000 $709 plus 3.15% of excess over $25,000 Over $50,000 but not over $500,000 $1,497 plus 3.2% of excess over $50,000 Over $500,000 $16,891 plus 3.4% of excess over $500,000 (C) For taxable years beginning after two thousand nine and before two thousand fifteen: If the city taxable income is: The tax is: Not over $12,000 2.55% of the city taxable income Over $12,000 but not over $25,000 $306 plus 3.1% of excess over $12,000 Over $25,000 but not over $50,000 $709 plus 3.15% of excess over $25,000 Over $50,000 but not over $500,000 $1,497 plus 3.2% of excess over $50,000 Over $500,000 $15,897 plus 3.4% of excess over $500,000 (b) Rate of tax. A tax imposed pursuant to this section shall be determined as follows: (1) Resident married individuals filing joint returns and resident surviving spouses. The tax under this section for each taxable year on the city taxable income of every city resident married individual who makes a single return jointly with such individual's spouse under subdivision (b) of section 11-1751 of this title and on the city taxable income of every city resident surviving spouse shall be determined in accordance with the following table: For taxable years beginning after two thousand twenty-nine: If the city taxable income is: The tax is: Not over $21,600 1.18% of the city taxable income Over $21,600 but not over $45,000 $255 plus 1.435% of excess over $21,600 Over $45,000 but not over $90,000 $591 plus 1.455% of excess over $45,000 Over $90,000 $1,245 plus 1.48% of excess over $90,000 (2) Resident heads of households. The tax under this section for each taxable year on the city taxable income of every city resident head of a household shall be determined in accordance with the following table: For taxable years beginning after two thousand twenty-nine: If the city taxable income is: The tax is: Not over $14,400 1.18% of the city taxable income Over $14,400 but not over $30,000 $170 plus 1.435% of excess over $14,400 Over $30,000 but not over $60,000 $394 plus 1.455% of excess over $30,000 Over $60,000 $830 plus 1.48% of excess over $60,000 (3) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. The tax under this section for each taxable year on the city taxable income of every city resident individual who is not a married individual who makes a single return jointly with such individual's spouse under subdivision (b) of section 11-1751 of this title or a city resident head of a household or a city resident surviving spouse, and on the city taxable income of every city resident estate and trust shall be determined in accordance with the following table: For taxable years beginning after two thousand twenty-nine: If the city taxable income is: The tax is: Not over $12,000 1.18% of the city taxable income Over $12,000 but not over $25,000 $142 plus 1.435% of excess over $12,000 Over $25,000 but not over $50,000 $328 plus 1.455% of excess over $25,000 Over $50,000 $692 plus 1.48% of excess over $50,000 (c) Partners and partnerships. A partnership as such shall not be subject to tax under this chapter. Persons carrying on business as partners shall be liable for tax under this chapter only in their separate or individual capacities. As used in this chapter, 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 company formed pursuant to section one hundred two-a of the banking law. (d) 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 chapter. (e) 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 chapter (regardless of whether subject to federal and state income tax on unrelated business taxable income). (f) Cross references. For definitions of city taxable income of: (1) City resident individual, see section 11-1711. (2) City resident estate or trust, see section 11-1718. (g) Rate of tax. For taxable years beginning after two thousand two and before two thousand six, the tax imposed pursuant to this section shall be determined as follows: (1) Resident married individuals filing joint returns and resident surviving spouses. The tax under this section for each taxable year on the city taxable income of every city resident married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 of this title and on the city taxable income of every city resident surviving spouse shall be determined in accordance with the following tables: (A) For taxable years beginning in two thousand five: If the city taxable income is: The tax is: Not over $21,600 2.907% of the city taxable income Over $21,600 but not over $45,000 $628 plus 3.534% of excess over $21,600 Over $45,000 but not over $90,000 $1,455 plus 3.591% of excess over $45,000 Over $90,000 but not over $150,000 $3,071 plus 3.648% of excess over $90,000 Over $150,000 but not over $500,000 $5,260 plus 4.05% of excess over $150,000 Over $500,000 $19,435 plus 4.45% of excess over $500,000 (B) For taxable years beginning in two thousand four: If the city taxable income is: The tax is: Not over $21,600 2.907% of the city taxable income Over $21,600 but not over $45,000 $628 plus 3.534% of excess over $21,600 Over $45,000 but not over $90,000 $1,455 plus 3.591% of excess over $45,000 Over $90,000 but not over $150,000 $3,071 plus 3.648% of excess over $90,000 Over $150,000 but not over $500,000 $5,260 plus 4.175% of excess over $150,000 Over $500,000 $19,872 plus 4.45% of excess over $500,000 (C) For taxable years beginning in two thousand three: If the city taxable income is: The tax is: Not over $21,600 2.907% of the city taxable income Over $21,600 but not over $45,000 $628 plus 3.534% of excess over $21,600 Over $45,000 but not over $90,000 $1,455 plus 3.591% of excess over $45,000 Over $90,000 but not over $150,000 $3,071 plus 3.648% of excess over $90,000 Over $150,000 but not over $500,000 $5,260 plus 4.25% of excess over $150,000 Over $500,000 $20,135 plus 4.45% of excess over $500,000 (2) Resident heads of households. The tax under this section for each taxable year on the city taxable income of every city resident head of a household shall be determined in accordance with the following tables: (A) For taxable years beginning in two thousand five: If the city taxable income is: The tax is: Not over $14,400 2.907% of the city taxable income Over $14,400 but not over $30,000 $419 plus 3.534% of excess over $14,400 Over $30,000 but not over $60,000 $970 plus 3.591% of excess over $30,000 Over $60,000 but not over $125,000 $2,047 plus 3.648% of excess over $60,000 Over $125,000 but not over $500,000 $4,418 plus 4.05% of excess over $125,000 Over $500,000 $19,606 plus 4.45% of excess over $500,000 (B) For taxable years beginning in two thousand four: If the city taxable income is: The tax is: Not over $14,400 2.907% of the city taxable income Over $14,400 but not over $30,000 $419 plus 3.534% of excess over $14,400 Over $30,000 but not over $60,000 $970 plus 3.591% of excess over $30,000 Over $60,000 but not over $125,000 $2,047 plus 3.648% of excess over $60,000 Over $125,000 but not over $500,000 $4,418 plus 4.175% of excess over $125,000 Over $500,000 $20,075 plus 4.45% of excess over $500,000 (C) For taxable years beginning in two thousand three: If the city taxable income is: The tax is: Not over $14,400 2.907% of the city taxable income Over $14,400 but not over $30,000 $419 plus 3.534% of excess over $14,400 Over $30,000 but not over $60,000 $970 plus 3.591% of excess over $30,000 Over $60,000 but not over $125,000 $2,047 plus 3.648% of excess over $60,000 Over $125,000 but not over $500,000 $4,418 plus 4.25% of excess over $125,000 Over $500,000 $20,356 plus 4.45% of excess over $500,000 (3) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. The tax under this section for each taxable year on the city taxable income of every city resident individual who is not a married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 of this title or a city resident head of household or a city resident surviving spouse, and on the city taxable income of every city resident estate and trust shall be determined in accordance with the following tables: (A) For taxable years beginning in two thousand five: If the city taxable income is: The tax is: Not over $12,000 2.907% of the city taxable income Over $12,000 but not over $25,000 $349 plus 3.534% of excess over $12,000 Over $25,000 but not over $50,000 $808 plus 3.591% of excess over $25,000 Over $50,000 but not over $100,000 $1,706 plus 3.648% of excess over $50,000 Over $100,000 but not over $500,000 $3,530 plus 4.05% of excess over $100,000 Over $500,000 $19,730 plus 4.45% of excess over $500,000 (B) For taxable years beginning in two thousand four: If the city taxable income is: The tax is: Not over $12,000 2.907% of the city taxable income Over $12,000 but not over $25,000 $349 plus 3.534% of excess over $12,000 Over $25,000 but not over $50,000 $808 plus 3.591% of excess over $25,000 Over $50,000 but not over $100,000 $1,706 plus 3.648% of excess over $50,000 Over $100,000 but not over $500,000 $3,530 plus 4.175% of excess over $100,000 Over $500,000 $20,230 plus 4.45% of excess over $500,000 (C) For taxable years beginning in two thousand three: If the city taxable income is: The tax is: Not over $12,000 2.907% of the city taxable income Over $12,000 but not over $25,000 $349 plus 3.534% of excess over $12,000 Over $25,000 but not over $50,000 $808 plus 3.591% of excess over $25,000 Over $50,000 but not over $100,000 $1,706 plus 3.648% of excess over $50,000 Over $100,000 but not over $500,000 $3,530 plus 4.25% of excess over $100,000 Over $500,000 $20,530 plus 4.45% of excess over $500,000 (h) Tax table benefit recapture. For taxable years beginning after two thousand two and before two thousand six, there is hereby imposed a supplemental tax, in addition to the tax imposed under the opening paragraph of this section, for the purpose of recapturing the benefit of the tax tables contained in subdivision (g) of this section. The supplemental tax shall be an amount equal to the sum of the tax table benefits in paragraphs one and two of this subdivision multiplied by their respective fractions in such paragraphs provided, however, that paragraph one of this subdivision shall not apply to taxpayers who are not subject to the second highest rate of tax. (1) 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 subdivision (g) of this section 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 subdivision (g) of this section. (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. (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 subdivision (g) of this section not subject to the highest rate of tax for the taxable year multiplied by such rate and (ii) the highest dollar denominated tax for such amount of taxable income set forth in the tax table applicable to the taxable year in subdivision (g) of this section less the sum of the tax table benefits in paragraph one of this subdivision. (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 subdivision (g) 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. (Am. 2015 N.Y. Laws Ch. 59, 4/13/2015, eff. 4/13/2015; Am. 2017 N.Y. Laws Ch. 59, 4/10/2017, eff. 4/10/2017; Am. 2017 N.Y. Laws Ch. 61, 6/29/2017, eff. 6/29/2017; Am. 2020 N.Y. Laws Ch. 58, 4/3/2020, eff. 4/3/2020; Am. 2023 N.Y. Laws Ch. 345, 8/23/2023, eff. 8/23/2023; Am. 2026 N.Y. Laws Ch. 127, 6/5/2026, eff. 6/5/2026)

NYC Admin. Code § 11-1702 Minimum income tax. [Repealed] Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/064 and L.L. 1991/077.

NYC Admin. Code § 11-1703 Separate tax on the ordinary income portion of lump sum distributions.

§ 11-1703 Separate tax on the ordinary income portion of lump sum distributions. (a) Imposition of separate tax. In addition to any other tax imposed by this chapter, there is hereby imposed for each taxable year a separate tax on the ordinary income portion of a lump sum distribution of every city resident individual, estate and trust which has made an election of lump sum treatment under subsection (e) of section four hundred two of the internal revenue code. The recipient of a lump sum distribution shall be liable for the tax imposed by this section. The credits against tax under this chapter, except for the credit under section 11-1773, shall not be allowed against the tax imposed by this section. (b) Cross reference. For computation of tax, see section 11-1724.

NYC Admin. Code § 11-1704 Tax surcharge.

§ 11-1704 Tax surcharge. (a) In addition to the taxes imposed by sections 11-1701 and 11-1703, there is hereby imposed for each taxable year beginning after nineteen hundred eighty-ninety but before nineteen hundred ninety-nine, a tax surcharge on the city taxable income of every city resident individual, estate and trust. (b) The tax surcharge imposed pursuant to this section shall be determined as follows: (1) Resident married individuals filing joint returns and resident surviving spouses. The tax surcharge under this section on the city taxable income of every city resident married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 and on the city taxable income of every city resident surviving spouse shall be determined in accordance with the following tables: (A) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the city taxable income is: The tax surcharge is: Not over $15,500 0 Over $15,500 but not over $27,000 0.51% of city taxable income in excess of $15,500 Over $27,000 but not over $45,000 $59 plus 0.55% of excess over $27,000 Over $45,000 but not over $108,000 $158 plus 0.51% of excess over $45,000 Over $108,000 $479 plus 0.51% of excess over $108,000 (B) For taxable years beginning after nineteen hundred ninety-four but before nineteen hundred ninety-nine: If the city taxable income is: The tax surcharge is: Not over $14,400 0 Over $14,400 but not over $27,000 0.51% of city taxable income in excess of $14,400 Over $27,000 but not over $45,000 $64 plus 0.55% of excess over $27,000 Over $45,000 but not over $108,000 $162 plus 0.51% of excess over $45,000 Over $108,000 $484 plus 0.51% of excess over $108,000 (2) Resident heads of households. The tax surcharge under this section on the city taxable income of every city resident head of household shall be determined in accordance with the following tables: (A) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the city taxable income is: The tax surcharge is: Not over $8,800 0 Over $8,800 but not over $16,500 0.51% of city taxable income in excess of $8,800 Over $16,500 but not over $27,500 $39 plus 0.55% of excess over $16,500 Over $27,500 but not over $66,000 $100 plus 0.51% of excess over $27,500 Over $66,000 $296 plus 0.51% of excess over $66,000 (B) For taxable years beginning after nineteen hundred ninety-four but before nineteen hundred ninety-nine: If the city taxable income is: The tax surcharge is: Not over $7,350 0 Over $7,350 but not over $9,200 0.42% of city taxable income in excess of $7,350 Over $9,200 but not over $17,250 $7 plus 0.51% of excess over $9,200 Over $17,250 but not over $28,750 $48 plus 0.55% of excess over $17,250 Over $28,750 but not over $69,000 $111 plus 0.51% of excess over $28,750 Over $69,000 $317 plus 0.51% of excess over $69,000 (3) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. The tax surcharge under this section on the city taxable income of every city resident individual who is not a city resident married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 or a city resident head of household or a city resident surviving spouse, and on the city taxable income of every city resident estate and trust shall be determined in accordance with the following tables: (A) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the city taxable income is: The tax surcharge is: Not over $9,000 0 Over $9,000 but not over $15,000 0.51% of city taxable income in excess of $9,000 Over $15,000 but not over $25,000 $31 plus 0.55% of excess over $15,000 Over $25,000 but not over $60,000 $86 plus 0.51% of excess over $25,000 Over $60,000 $264 plus 0.51% of excess over $60,000 (B) For taxable years beginning after nineteen hundred ninety-four but before nineteen hundred ninety-nine: If the city taxable income is: The tax surcharge is: Not over $8,400 0 Over $8,400 but not over $15,000 0.51% of city taxable income in excess of $8,400 Over $15,000 but not over $25,000 $33 plus 0.55% of excess over $15,000 Over $25,000 but not over $60,000 $88 plus 0.51% of excess over $25,000 Over $60,000 $266 plus 0.51% of excess over $60,000 (c) The tax surcharge imposed pursuant to this section shall be administered, collected and distributed by the commissioner of taxation and finance in the same manner as the taxes imposed pursuant to sections 11-1701 and 11-1703, and all of the provisions of this chapter, including sections 11-1706, 11-1721 and 11-1773, shall apply to the tax surcharge imposed by this section. (d) (1) Notwithstanding subdivision (b) of this section, with respect to taxable years beginning in nineteen hundred ninety-three, nineteen hundred ninety-four, nineteen hundred ninety-five and nineteen hundred ninety-six, the mayor shall, by August first of nineteen hundred ninety-two, nineteen hundred ninety-four and nineteen hundred ninety-five, and by September fifteenth of nineteen hundred ninety-three, transmit to the commissioner of taxation and finance a certification setting forth the percentage of non-achievement regarding the combined police uniformed staffing level with respect to the fiscal year of the city ending on the immediately preceding June thirtieth, provided, however, that for the city fiscal year ending in nineteen hundred ninety-three the percentage of non-achievement shall be determined by the combined police uniformed staffing level existing on August thirtieth, nineteen hundred ninety-three, and further provided for all such fiscal years that the percentage of non-achievement shall be calculated according to the procedure specified in a memorandum of understanding relating to the New York city safe streets-safe city program and to the enactment of this subdivision dated February eleventh, nineteen hundred ninety-one, as amended, and executed by the governor, the temporary president of the state senate, the speaker of the state assembly, the minority leader of the state senate, the minority leader of the state assembly, the mayor and the speaker of the city council, any modification of such memorandum of understanding subsequently agreed upon by all such signatories in a single subsequent memorandum of understanding. If such percentage of non-achievement is equal to or exceeds twenty-five percent with respect to the fiscal year of the city of New York ending in nineteen hundred ninety-two, twenty percent with respect to the city fiscal year ending in nineteen hundred ninety-three or five percent with respect to the city fiscal years ending in nineteen hundred ninety-four and nineteen hundred ninety-five, then the rates of the tax surcharge imposed by this section for taxable years beginning in the calendar year beginning on January first next succeeding such August first or September fifteenth shall be the products of the rates set forth in subdivision (b) of this section and a percentage equal to the difference between one hundred percent and such percentage of nonachievement, such products computed to the nearest hundredth of a percent, and the dollar denominated amounts of the tax surcharge set forth in subdivision (b) of this section shall be reduced conformably. (2) Notwithstanding subdivision (b) of this section, with respect to the taxable year beginning in nineteen hundred ninety-eight, the mayor shall, by August first of nineteen hundred ninety-seven, transmit to the state commissioner of taxation and finance a certification setting forth the percentage of non-achievement regarding the police uniformed staffing level with respect to the fiscal year ending on the immediately preceding June thirtieth, provided, however, that such percentage of non-achievement shall be calculated according to the procedure specified in a new memorandum of understanding relating to the enactment of this paragraph dated no later than thirty days after such enactment, as executed by the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly, the mayor and the speaker of the city council and any modifications of such new memorandum of understanding subsequently agreed upon by all such signatories in a single subsequent memorandum of understanding. If such percentage of non-achievement exceeds two percent with respect to the fiscal year of the city ending in nineteen hundred ninety-seven, then the rates of the tax surcharge authorized by this section for the taxable years beginning in the calendar year beginning on January first, nineteen hundred ninety-eight shall be the products of the rates set forth in subdivision (b) of this section and a percentage equal to the difference between one hundred percent and the portion of the percentage of non-achievement that is in excess of two percent, such products computed to the nearest hundredth of a percent, and the dollar denominated amounts of the tax surcharge set forth in subdivision (b) of this section shall be reduced conformably. (3) If the rates of the surcharge imposed by this section are modified pursuant to paragraph one or paragraph two of this subdivision, the state commissioner of taxation and finance shall promulgate regulations stating the modified rates. (e) Notwithstanding anything in this section or section 11-1798 of this chapter to the contrary, of the total revenue (including interest and penalties) from the tax surcharge imposed by this section which the state comptroller is required to pay, after June thirtieth, nineteen hundred ninety-two, to the chief fiscal officer of the city for payment into the treasury of the city, one hundred ten million dollars thereof paid to the chief fiscal officer during the fiscal year of the city commencing July first, nineteen hundred ninety-two, two hundred million dollars thereof paid to the chief fiscal officer during the fiscal year of the city commencing July first nineteen hundred ninety-three, one hundred sixty-seven million dollars thereof paid to the chief fiscal officer during the fiscal year of the city commencing July first, nineteen hundred ninety-four, and one hundred eighty-five million dollars thereof paid to the chief fiscal officer during the fiscal year of the city commencing July first, nineteen hundred ninety-five, shall be credited to and deposited in the criminal justice account established within the general fund of the city for the implementation of the Safe Streets-Safe City program. The balance of such revenue shall be credited to the general fund of the city and shall be applied exclusively to or in aid or support of the city's provision of criminal justice and fire protection services. (f) Notwithstanding anything in this article to the contrary, of the total revenue (including interest and penalties) from the tax surcharge imposed pursuant to the authority of this section which the state comptroller is required to pay to the chief fiscal officer of the city for payment into the treasury of the city, ninety million dollars thereof paid to such chief fiscal officer during the fiscal year of the city commencing during calendar year nineteen hundred ninety-six, and one hundred eighty-five million dollars thereof paid to such chief fiscal officer during the fiscal year of the city commencing during calendar year nineteen hundred ninety-seven, shall be credited to and deposited in a criminal justice account established by the city within its general fund. The balance of such revenue from such tax surcharge which the state comptroller is required to pay to such chief fiscal officer for payment into the treasury of the city for the taxable years beginning in the calendar years beginning on January first, nineteen hundred ninety-seven and January first, nineteen hundred ninety-eight shall be credited to the general fund of the city to be applied exclusively to or in aid or support of the city's provision of criminal justice and fire protection services; provided however, that, notwithstanding the foregoing, such balance shall be applied to implementation of the capital program for public schools within the city and a supplemental capital rehabilitation program for such schools, to the extent that such application is necessary for the timely implementation of such programs in accordance with the memorandum of understanding executed pursuant to paragraph two of subdivision (d) of this section and any modifications thereto.

NYC Admin. Code § 11-1704.1 Additional tax.

§ 11-1704.1 Additional tax. (a) (1) In addition to any other taxes imposed by this chapter, there is hereby imposed for each taxable year beginning after nineteen hundred ninety but before two thousand thirty, an additional tax on the city taxable income of every city resident individual, estate and trust, to be calculated for each taxable year as follows: (i) for each taxable year beginning after nineteen hundred ninety but before nineteen hundred ninety-nine, at the rate of fourteen percent of the sum of the taxes for each such taxable year determined pursuant to section 11-1701 and section 11-1704 of this subchapter; and (ii) for each taxable year beginning after nineteen hundred ninety-eight, at the rate of fourteen percent of the tax for such taxable year determined pursuant to such section 11-1701. (2) Notwithstanding paragraph one of this subdivision, for each taxable year beginning after two thousand but before two thousand two, the additional tax shall be calculated as follows: (i) Resident married individuals filing joint returns and resident surviving spouses. The additional tax under this section for each taxable year on the tax determined pursuant to section 11-1701 of every city resident married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 and on the tax determined pursuant to section 11-1701 of every city resident surviving spouse shall be determined as follows: (A) If the tax determined pursuant to section 11-1701 is based on city taxable income equal to or less than $90,000, then the additional tax shall be 5.25% of such tax; (B) If the tax determined pursuant to section 11-1701 is based on city taxable income over $90,000, then the additional tax shall be the sum of 5.25% of such tax on city taxable income up to and including $90,000 and 12.25% of such tax on city taxable income in excess of $90,000. (ii) Resident heads of households. The additional tax under this section for each taxable year on the tax determined pursuant to section 11-1701 of every city resident head of a household shall be determined as follows: (A) If the tax determined pursuant to section 11-1701 is based on city taxable income equal to or less than $60,000, then the additional tax shall be 5.25% of such tax; (B) If the tax determined pursuant to section 11-1701 is based on city taxable income over $60,000, then the additional tax shall be the sum of 5.25% of such tax on city taxable income up to and including $60,000 and 12.25% of such tax on city taxable income in excess of $60,000. (iii) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. The additional tax under this section for each taxable year on the tax determined pursuant to section 11-1701 of every city resident individual who is not a married individual who makes a single return jointly with his or her spouse under subdivision (b) of section 11-1751 or a city resident head of a household or a city resident surviving spouse, and on the tax determined pursuant to section 11-1701 of every city resident estate and trust shall be determined as follows: (A) If the tax determined pursuant to section 11-1701 is based on city taxable income equal to or less than $50,000, then the additional tax shall be 5.25% of such tax; (B) If the tax determined pursuant to section 11-1701 is based on city taxable income over $50,000, then the additional tax shall be the sum of 5.25% of such tax on city taxable income up to and including $50,000 and 12.25% of such tax on city taxable income in excess of $50,000. (b) The additional tax imposed pursuant to this section shall be administered, collected and distributed by the commissioner of taxation and finance in the same manner as the other taxes imposed pursuant to this chapter, and all of the provisions of this chapter, including sections 11-1706, 11-1721 and 11-1773, shall apply to the additional tax imposed by this section. (Am. 2017 N.Y. Laws Ch. 61, 6/29/2017, eff. 6/29/2017; Am. 2020 N.Y. Laws Ch. 58, 4/3/2020, eff. 4/3/2020; Am. 2023 N.Y. Laws Ch. 345, 8/23/2023, eff. 8/23/2023; Am. 2026 N.Y. Laws Ch. 127, 6/5/2026, eff. 6/5/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/064 and L.L. 1991/077.

NYC Admin. Code § 11-1705 General provisions and definitions.

§ 11-1705 General provisions and definitions. (a) Accounting periods and methods. (1) Accounting periods. A taxpayer's taxable year under this chapter shall be the same as his taxable year for federal income tax purposes. (2) Change of accounting periods. If a taxpayer's taxable year is changed for federal income tax purposes, his taxable year for purposes of this chapter shall be similarly changed. If a taxable year of less than twelve months results from a change of a taxable year, the city standard deduction and the city exemptions shall be prorated under regulations of the tax commission. (3) Accounting methods. A taxpayer's method of accounting under this chapter shall be the same as his method of accounting for federal income tax purposes. In the absence of any method of accounting for federal income tax purposes, city taxable income shall be computed under such method as in the opinion of the tax commission clearly reflects income. (4) Change of accounting methods. (A) If a taxpayer's method of accounting is changed for federal income tax purposes, his method of accounting for purposes of this chapter shall be similarly changed. (B) If a taxpayer's method of accounting is changed, other than from an accrual to an installment method, any additional tax which results from adjustments determined to be necessary solely by reason of the change shall not be greater than if such adjustments were ratably allocated and included for the taxable year of the change and the preceding taxable years, not in excess of two, during which the taxpayer used the method of accounting from which the change is made. (C) If a taxpayer's method of accounting is changed from an accrual to an installment method, any additional tax for the year of such change of method and for any subsequent year which is attributable to the receipt of installment payments properly accrued in a prior year, shall be reduced by the portion of tax for any prior taxable year attributable to the accrual of such installment payments, in accordance with regulations of the tax commission. (b) City resident and city nonresident defined. (1) City resident individual. A city resident individual means an individual: (A) who is domiciled in this city, unless (i) the taxpayer maintains no permanent place of abode in this city, maintains a permanent place of abode elsewhere, and spends in the aggregate not more than thirty days of the taxable year in this city, or (ii) (I) within any period of five hundred forty-eight consecutive days the taxpayer is present in a foreign country or countries for at least four hundred fifty days, and (II) during the period of five hundred forty-eight consecutive days the taxpayer, the taxpayer's spouse (unless the spouse is legally separated) and the taxpayer's minor children are not present in this city for more than ninety days, and (III) during any period of less than twelve months, which would be treated as a separate taxable period pursuant to section 11-1754, and which period is contained within the period of five hundred forty-eight consecutive days, the taxpayer is present in this city for a number of days which does not exceed an amount which bears the same ratio to ninety as the number of days contained in that period of less than twelve months bears to five hundred forty-eight, or (B) who maintains a permanent place of abode in this city and spends in the aggregate more than one hundred eighty-three days of the taxable year in this city, whether or not domiciled in this city for any portion of the taxable year, unless such individual is in active service in the armed forces of the United States. (2) City nonresident individual. A city nonresident individual means an individual who is not a city resident. (3) City resident estate or trust. A city resident estate or trust means: (A) the estate of a decedent who at his death was domiciled in this city, (B) a trust, or a portion of a trust, consisting of property transferred by will of a decedent who at his death was domiciled in this city, or (C) a trust, or portion of a trust, consisting of the property of: (i) a person domiciled in this city at the time such property was transferred to the trust, if such trust or portion of a trust was then irrevocable, or if it was then revocable and has not subsequently become irrevocable; or (ii) a person domiciled in this city at the time such trust, or portion of a trust, became irrevocable, if it was revocable when such property was transferred to the trust but has subsequently become irrevocable. For the purposes of the foregoing, a trust or portion of a trust is revocable if it is subject to a power, exercisable immediately or at any future time, to revest title in the person whose property constitutes such trust or portion of a trust, and a trust or portion of a trust becomes irrevocable when the possibility that such power may be exercised has been terminated. (4) City nonresident estate or trust. A city nonresident estate or trust means an estate or trust which is not a city resident estate or trust. (5) Cross-reference. For effect of a change of resident status, see section 11-1754. (D) (i) Provided, however, a resident trust is not subject to tax under this article if all of the following conditions are satisfied: (I) all the trustees are domiciled outside the city of New York; (II) the entire corpus of the trusts, including real and tangible property, is located outside the city of New York; and (III) all income and gains of the trust are derived from or connected with sources outside of the city of New York, determined as if the trust were a non-resident trust. (ii) For purposes of item (II) of clause (i) of this subparagraph, intangible property shall be located in this city if one or more of the trustees are domiciled in the city of New York. (iii) Provided further, that for the purposes of item (I) of clause (i) of this subparagraph, a trustee which is a banking corporation as defined in subdivision (a) of section 11-640 of this title and which is domiciled outside the city of New York at the time it becomes a trustee of the trust shall be deemed to continue to be a trustee domiciled outside the city of New York notwithstanding that it thereafter otherwise becomes a trustee domiciled in the city of New York by virtue of being acquired by, or becoming an office or branch of, a corporate trustee domiciled within the city of New York. (Am. 2018 N.Y. Laws Ch. 59, 4/12/2018, eff. 4/12/2018)

NYC Admin. Code § 11-1706 Credits against tax.

§ 11-1706 Credits against tax. (a) Credit relating to net capital gain. For taxable years beginning in nineteen hundred eighty-seven, a credit against the tax imposed under section 11-1701 shall be allowed. The amount of the credit shall be one-half of one percent of net capital gain includible in city adjusted gross income for the taxable year. The credit allowed by this subdivision shall not exceed the tax imposed by section 11-1701 reduced by the credits permitted under section 11-1721 and subdivision (b) of this section. (b) Household credit. (1) For taxable years beginning after nineteen hundred eighty-six, a credit against the city personal income tax imposed by section 11-1701 shall be allowed. The credit, computed as described in paragraph two of this subdivision, shall not exceed the tax imposed by section 11-1701, reduced by the credit permitted under section 11-1721. (2) (A) For any individual who is not married nor the head of a household nor a surviving spouse, the amount of the credit shall be determined in accordance with the following table: If household gross income is: The credit shall be: For taxable years beginning after 1986 and before 1996 For taxable years beginning after 1995 Not over $7,500 $15 $15 Over $7,500 but not over $10,000 $10 $15 Over $10,000 but not over $12,500 $0 $10 (B) For any husband and wife, head of household or surviving spouse, the amount of the credit shall be determined by multiplying the number of exemptions for which the taxpayer (or in the case of a husband and wife, taxpayers) is entitled to a deduction for the taxable year for federal income tax purposes under subsections (b) and (c) of section one hundred fifty-one of the internal revenue code by the credit factor for the taxable year as specified in the following table: If household gross income is: The credit factor is: For taxable years beginning in For taxable years beginning after 1995 1987 1988 1989 through 1995 Not over $12,500 $30 $50 $50 $30 Over $12,500 but not over $15,000 $20 $40 $50 $30 Over $15,000 but not over $17,500 $10 $20 $25 $25 Over $17,500 but not over $20,000 $0 $15 $15 $15 Over $20,000 but not over $22,500 $0 $0 $0 $10 (3) For purposes of this subsection: (A) "Household gross income" shall mean the aggregate federal adjusted gross income of a household, as the term household is defined in subparagraph (B) of this paragraph, for the taxable year. (B) "Household" means a husband and wife, a head of household, a surviving spouse, or an individual who is not married nor the head of a household nor a surviving spouse nor a taxpayer with respect to whom a deduction under subsection (c) of section one hundred fifty-one of the internal revenue code is allowable to another taxpayer for the taxable year. (C) "Household gross income of a husband and wife" shall be the aggregate of their federal adjusted gross incomes for the taxable year irrespective of whether joint or separate city income tax returns are filed. Provided, however, that a husband or wife who is required to file a separate city income tax return shall be permitted one-half the credit otherwise allowed his or her household, except as limited by paragraph one of this subdivision. (D) "Household gross income" shall be computed in all cases as if each member of the household were a resident for the entire taxable year. (E) If a taxpayer changes his status during his taxable year from resident to nonresident, or from nonresident to resident, the household credit shall be prorated according to the number of months in the period of residence. In the case of a husband and wife, if either or both changes his or her status from resident to nonresident or from nonresident to resident and separate returns are filed, the credit computed for the entire year shall be divided first as provided in subparagraph (C) of this paragraph and then prorated according to the number of months in the period of residence. (c)* State school tax reduction credit. Editor's note: there are two divisions designated (c) in this section. (1) For taxable years beginning after nineteen hundred ninety-seven and ending before two thousand sixteen, a state school tax reduction credit shall be allowed as provided in the following tables. The credit shall be allowed against the taxes authorized by this article reduced by the credits permitted by this article. If the credit exceeds the tax as so reduced, the taxpayer may receive, and the comptroller, subject to a certificate of the commissioner, shall pay as an overpayment, without interest, the amount of such excess. For purposes of this subsection, no credit shall be granted to an individual with respect to whom a deduction under subsection (c) of section one hundred fifty-one of the internal revenue code is allowable to another taxpayer for the taxable year. (2) The amount of the credit under this paragraph shall be determined based upon the taxpayer's income as defined in subparagraph (ii) of paragraph (b) of subdivision four of section four hundred twenty-five of the real property tax law. For purposes of this paragraph, any taxpayer under subparagraphs (A) and (B) of this paragraph with income of more than two hundred fifty thousand dollars shall not receive a credit. Beginning in the two thousand ten tax year and each tax year thereafter through two thousand fifteen, the "more than two hundred fifty thousand dollar" income limitation shall be adjusted by applying the inflation factor set forth herein, and rounding each result to the nearest multiple of one hundred dollars. The department shall establish the income limitation to be associated with each subsequent tax year by applying the inflation factor set forth herein to the figures that define the income limitation that were applicable to the preceding tax year, as determined pursuant to this subsection, and rounding each result to the nearest multiple of one hundred dollars. Such determination shall be made no later than March first, two thousand ten and each year thereafter. (A) Married individuals filing joint returns and surviving spouses. In the case of a husband and wife who make a single return jointly and of a surviving spouse: For taxable years beginning: The credit shall be: in 2001 - 2005 $125 in 2006 $230 in 2007 - 2008 $290 in 2009 - 2015 $125 (B) All others. In the case of an unmarried individual, a head of a household or a married individual filing a separate return: For taxable years beginning: The credit shall be: in 2001 - 2005 $62.50 in 2006 $115 in 2007 - 2008 $145 in 2009 - 2015 $62.50 (3) [Reserved.] (4) Husband and wife who make a joint return. If a husband and wife make a single return jointly, the credit under this subdivision shall be determined under paragraph two of this subdivision, if either of them has attained the age of sixty-five on or before the close of the taxable year. (5) Part-year residents. If a taxpayer changes status during the taxable year from resident to nonresident, or from nonresident to resident, the state school tax reduction credit shall be prorated according to the number of months in the period of residence. (c)* Credit for unincorporated business taxes paid. Editor's note: there are two divisions designated (c) in this section. (1) A city resident individual, estate or trust whose city adjusted gross income includes income, gain, loss or deductions from one or more unincorporated businesses conducted by such city resident individual, estate or trust that are subject to the tax imposed by chapter five of this title, or a distributive share of income, gain, loss and deductions of, or guaranteed payments from, one or more partnerships that are subject to the tax imposed by such chapter, shall be allowed a credit as provided in paragraph two of this subdivision against the tax otherwise due under sections 11-1701, 11-1703, 11-1704 and 11-1704.1 of this chapter. (2) (A) Subject to the limitation set forth in subparagraph (B) of this paragraph, the credit allowed to a taxpayer for a taxable year under this subdivision shall be determined as follows: (i) For taxable years beginning on or after January 1, 1997, and before January 1, 2007: (I) If the city taxable income is $42,000 or less, the credit shall be 65 percent of the amount determined in paragraph 3 of this subdivision. (II) If the city taxable income is greater than $42,000 but not greater than $142,000, the amount of the credit shall be a percentage of the amount determined in paragraph 3 of this subdivision, such percentage to be determined by subtracting from 65 percent, one-tenth of a percentage point (.001) for every increment of $200, or fractional part thereof, of city taxable income in excess of $42,000. (III) If the city taxable income is greater than $142,000, the credit shall be 15 percent of the amount determined in paragraph 3 of this subdivision. (ii) For taxable years beginning on or after January 1, 2007, and before January 1, 2026: (I) If the city taxable income is $42,000 or less, the credit shall be 100 percent of the amount determined in paragraph 3 of this subdivision. (II) If the city taxable income is greater than $42,000 but less than $142,000, the amount of the credit shall be a percentage of the amount determined in paragraph 3 of this subdivision, such percentage to be determined by subtracting from 100 percent, a percentage determined by subtracting $42,000 from city taxable income, dividing the result by $100,000 and multiplying by 77 percent. (III) If the city taxable income is $142,000 or greater, the credit shall be 23 percent of the amount determined in paragraph 3 of this subdivision. (iii) For taxable years beginning on or after January 1, 2026: (I) If the city taxable income is $42,000 or less, the credit shall be 100 percent of the amount determined in paragraph 3 of this subdivision. (II) If the city taxable income is greater than $42,000 but less than $142,000, the amount of the credit shall be a percentage of the amount determined in paragraph 3 of this subdivision, such percentage to be determined by subtracting from 100 percent, a percentage determined by subtracting $42,000 from city taxable income, dividing the result by $100,000 and multiplying by 77 percent. (III) If the city taxable income is $142,000 but less than $1,000,000, the amount of the credit shall be 23 percent of the amount determined in paragraph 3 of this subdivision. (IV) If the city taxable income is $1,000,000 or greater but less than $1,250,000, the amount of the credit shall be a percentage of the amount determined in paragraph 3 of this subdivision, such percentage to be determined by subtracting from 23 percent, a percentage determined by subtracting $1,000,000 from city taxable income, dividing the result by $250,000 and multiplying by 8 percent. (V) If the city taxable income is $1,250,000 or greater, the credit shall be 15 percent of the amount determined in paragraph 3 of this subdivision. (B) Notwithstanding anything to the contrary in subparagraph (A) of this paragraph, the credit allowed to a taxpayer for a taxable year under this subdivision shall not exceed the sum of the taxes that would otherwise be imposed by sections 11-1701, 11-1703, 11-1704 and 11-1704.1 of this chapter on such taxpayer for such taxable year after the allowance of any other credits allowed by this section or section 11-1721 of this chapter. (3) Subject to the provisions of subparagraph (C) of this paragraph, the amount determined in this paragraph is the sum of: (A) for each unincorporated business conducted by the taxpayer, the tax imposed by chapter five of this title on such unincorporated business for its taxable year ending with the taxable year of the taxpayer and paid by the unincorporated business; and (B) for each unincorporated business in which the taxpayer is a partner, the product of: (i) the sum of (I) the tax imposed by chapter five of this title on such unincorporated business for its taxable year ending within or with the taxable year of the partner and paid by the unincorporated business and (II) the amount of any credit or credits taken by the unincorporated business under subdivision (j) of section 11-503 of this title for its taxable year ending within or with the taxable year of the partner; and (ii) a fraction, the numerator of which is the net total of the partner's distributive share of income, gain, loss and deductions of, and guaranteed payments from, the unincorporated business for such taxable year, and the denominator of which is the sum, for such taxable year, of the net total distributive shares of income, gain, loss and deductions of, and guaranteed payments to, all partners in the unincorporated business for whom or which such net total (as separately determined for each partner) is greater than zero. (C) For a taxpayer that changes its status from a city resident to a city nonresident or from a city nonresident to a city resident during the taxable year: (i) the amount determined in subparagraph (A) of this paragraph shall be, with respect to each unincorporated business conducted by the taxpayer, the tax imposed by chapter five of this title on such unincorporated business for its taxable year ending with the taxable year of the taxpayer and paid by the unincorporated business, multiplied by a fraction, the numerator of which is that portion of the income, gain, loss and deductions of the unincorporated business included in the taxpayer's adjusted gross income for the portion of the taxable year during which the taxpayer was a city resident, and the denominator of which is the total, for such taxable year, of the income, gain, loss and deductions of the unincorporated business, and (ii) the amount determined in clause (ii) of subparagraph (B) of this paragraph shall be a fraction, the numerator of which is that portion of the taxpayer's net total distributive share of income, gain, loss and deductions of, and that portion of guaranteed payments from, the unincorporated business included in the taxpayer's city adjusted gross income for the portion of the taxable year during which the taxpayer was a city resident, and the denominator of which is the sum, for such taxable year, of the net total distributive shares of income, gain, loss and deductions of, and guaranteed payments to, all partners in the unincorporated business, for whom or which such net total (as separately determined for each partner) is greater than zero. (4) For purposes of subdivision (c) of section 11-1902 of this title, in determining the amount of tax that a nonresident would be required to pay if such nonresident were a resident of the city and subject to the tax on personal income of residents, the credit allowed by this subdivision shall be taken into account. (d) Earned income tax credit. (1) For taxable years beginning after two thousand three, a credit against the city personal income tax shall be allowed, equal to five percent of the earned income credit allowed under section thirty-two of the internal revenue code for the same taxable year, and, for taxable years beginning after two thousand twenty-one, a credit against the city personal income tax shall be allowed, equal to a percentage determined pursuant to subparagraphs (A) through (I) of this paragraph, of the earned income credit allowed under section thirty-two of the internal revenue code for the same taxable year. For purposes of this paragraph, "adjusted gross income" means New York adjusted gross income as determined pursuant to article twenty-two of the tax law. The percentage shall be: (A) thirty percent, where the taxpayer's adjusted gross income for such taxable year is less than $5,000; (B) thirty percent reduced by the product of two-tenths of a percentage point (0.002) and the amount of the taxpayer's adjusted gross income for such taxable year in excess of $4,999, where such taxpayer's adjusted gross income for such taxable year is equal to or greater than $5,000 and less than $7,500; (C) twenty-five percent, where the taxpayer's adjusted gross income for such taxable year is equal to or greater than $7,500 and less than $15,000; (D) twenty-five percent reduced by the product of two-tenths of a percentage point (0.002) and the amount of the taxpayer's adjusted gross income for such taxable year in excess of $14,999, where such taxpayer's adjusted gross income for such taxable year is equal to or greater than $15,000 and less than $17,500; (E) twenty percent, where the taxpayer's adjusted gross income for such taxable year is equal to or greater than $17,500 and less than $20,000; (F) twenty percent reduced by the product of two-tenths of a percentage point (0.002) and the amount of such taxpayer's adjusted gross income for such taxable year in excess of $19,999, where the taxpayer's adjusted gross income for such taxable year is equal to or greater than $20,000 and less than $22,500; (G) fifteen percent, where the taxpayer's adjusted gross income for such taxable year is equal to or greater than $22,500 and less than $40,000; (H) fifteen percent reduced by the product of two-tenths of a percentage point (0.002) and the amount of the taxpayer's adjusted gross income for such taxable year in excess of $39,999, where such taxpayer's adjusted gross income for such taxable year is equal to or greater than $40,000 and less than $42,500; and (I) ten percent where the taxpayer's adjusted gross income for such taxable year is equal to or greater than $42,500. (2) In the case of a resident taxpayer, the credit provided by this subdivision shall be allowed against the taxes authorized by this chapter for the taxable year reduced by the credits permitted by this chapter. If the credit exceeds the tax as so reduced, the taxpayer may receive, and the state comptroller, subject to a certificate of the commissioner of the state department of taxation and finance, shall pay as an overpayment, without interest, the amount of such excess. (3) If a taxpayer changes his or her status during the taxable year from city resident to city nonresident, or from city nonresident to city resident, the credit determined under this subdivision shall be limited to the amount determined by multiplying the amount of such credit by a fraction, the numerator of which is such taxpayer's city adjusted gross income, for the period of residence, and the denominator of which is such taxpayer's city adjusted gross income determined as if he or she were a city resident for the entire taxable year. City adjusted gross income shall be adjusted as provided in section 11-1754 of this chapter. The credit as so limited shall be applied as provided in paragraph two of this subdivision. (4) Subject to the provisions of paragraph three of this subdivision, in the case of a husband and wife who file a joint return, but who are required to determine their city personal income taxes separately, the credit authorized pursuant to this subdivision may be applied against the tax of either or divided between them as they may elect. In the case of a husband and wife who are not required to file a federal return, the credit under this subsection shall be allowed only if such taxpayers file a joint city personal income tax return. (5) If the state commissioner of taxation and finance determines that the taxpayer is eligible to receive the credit provided under this subdivision but has not claimed such credit on his or her return, the state commissioner of taxation and finance shall compute and issue any refund for the allowable credit amount provided under this subdivision. Any refund paid pursuant to this paragraph shall be deemed to be a refund of an overpayment of tax as provided in section 11-1786 of this title, provided, however, that no interest shall be paid thereon. (e) Credit for certain household and dependent care services necessary for gainful employment. (1) For taxable years beginning on or after January first, two thousand seven, a taxpayer shall be allowed a credit as provided herein equal to the applicable percentage of the credit allowed under subsections (c) and (c-2) of section six hundred six of the tax law with respect to qualifying individuals as defined in paragraph one of subsection (b) of section twenty-one of the internal revenue code (without regard to whether the taxpayer in fact claimed the credit under such section twenty-one for the taxable year) who are dependents of the taxpayer and who have not attained the age of four as of the end of the taxable year. The applicable percentage shall be determined as follows: (A) If household gross income as defined in subparagraph (A) of paragraph three of subdivision (b) of this section is twenty-five thousand dollars or less, the applicable percentage shall be seventy-five percent. (B) If such household gross income is greater than twenty-five thousand dollars but not greater than thirty thousand dollars, the applicable percentage shall be seventy-five percent multiplied by one minus a fraction, the numerator of which is such household gross income less twenty-five thousand dollars and the denominator of which is five thousand dollars. (C) If such household gross income is greater than thirty thousand dollars, the applicable percentage shall be zero. (2) The credit under this subdivision shall be allowed against the taxes imposed by this chapter reduced by the credits permitted by this chapter. If the credit exceeds the tax as so reduced, the taxpayer may receive, and the state comptroller, subject to the certificate of the state commissioner of taxation and finance, shall pay as an overpayment, without interest, the amount of such excess, provided, however, in the case of a taxpayer who is a part-year resident of New York city any such overpayment under this paragraph shall be limited to the amount of such excess multiplied by a fraction, the numerator of which is federal adjusted gross income for the period of residence, computed as if the taxable year for federal income tax purposes were limited to the period of residence, and the denominator of which is federal adjusted gross income for the taxable year. (3) In the case of a husband and wife who filed a joint federal return, but who are required to determine their New York city taxes separately, the credit allowed pursuant to this subdivision may only be applied against the tax imposed on the spouse with the lower taxable income, computed without regard to such credit, provided, however, if the spouse with the lower taxable income is a nonresident of the city, no credit shall be allowed under this subdivision. In the case of a husband and wife who are not required to file a federal return, the credit under this subdivision shall be allowed only if such taxpayers file a joint New York city income tax return. (f) Credit for general corporation tax paid. (1) A city resident individual, estate or trust whose city adjusted gross income includes a pro rata share of income, loss and deductions described in paragraph one of subsection (a) of section thirteen hundred sixty-six of the internal revenue code, from one or more New York S corporations as defined in subdivision one-A of section two hundred eight of the tax law, or from one or more QSSSs as defined in subdivision one-B of section two hundred eight of the tax law, that are exempt QSSSs by reason of clause (A) of subparagraph one of paragraph (k) of subdivision nine of section two hundred eight of the tax law, on which a tax is imposed by subchapter two of chapter six of this title, shall be allowed a credit as provided in paragraph two of this subdivision against the tax otherwise due under sections 11-1701, 11-1703, 11-1704 and 11-1704.1 of this chapter. (2) (A) Subject to the limitations set forth in subparagraphs (B) and (C) of this paragraph, the credit allowed to a taxpayer for a taxable year under this subdivision shall be determined as follows: (i) For taxable years beginning on or after January first, two thousand fourteen and before July first, two thousand nineteen: (I) If the city taxable income is thirty-five thousand dollars or less, the amount of the credit shall be one hundred percent of the amount determined in paragraph three of this subdivision. (II) If the city taxable income is greater than thirty-five thousand dollars but less than one hundred thousand dollars, the amount of the credit shall be a percentage of the amount determined in paragraph three of this subdivision, such percentage to be determined by subtracting from one hundred percent, a percentage determined by subtracting thirty-five thousand dollars from city taxable income, dividing the result by sixty-five thousand dollars and multiplying by one hundred percent. (III) If the city taxable income is one hundred thousand dollars or greater, no credit shall be allowed. (IV) Provided further that for any taxable year of a taxpayer for which this credit is effective that encompasses days occurring after June thirtieth, two thousand nineteen, the amount of the credit determined in item (I) or (II) of this clause shall be multiplied by a fraction, the numerator of which is the number of days in the taxpayer's taxable year occurring on or before June thirtieth, two thousand nineteen, and the denominator of which is the number of days in the taxpayer's taxable year. (B) Notwithstanding anything to the contrary in subparagraph (A) of this paragraph, the credit allowed to a taxpayer for a taxable year under this subdivision shall not exceed the sum of the taxes that would otherwise be imposed by sections 11-1701, 11-1703, 11-1704 and 11-1704.1 of this chapter on such taxpayer for such taxable year after the allowance of any other credits allowed by subdivisions (a) and (b) of this section, and subdivision (c) of this section, as added by chapter four hundred eighty-one of the laws of nineteen hundred ninety-seven and subsequently amended, and section 11-1721 of this chapter. (C) Notwithstanding anything to the contrary in subparagraph (A) of this paragraph, no credit shall be allowed for any amount of tax imposed, or credit allowed, by subchapter two of chapter six of this title on, or to, a combined group of corporations including a New York S corporation or an exempt QSSS, except where the combined group consists exclusively of one or more New York S corporations and one or more exempt QSSSs of such corporations as described in paragraph one of this subdivision, provided that each of the New York S corporations included in the group is wholly owned by the same interests and in the same proportions as each other New York S corporation included in the group. (3) Subject to the provisions of subparagraph (B) of this paragraph and subparagraph (C) of paragraph two of this subdivision, the amount determined in this paragraph is the sum of the taxpayer's pro rata share of the amounts determined in subparagraph (A) of this paragraph for each New York S corporation, or exempt QSSS, described in paragraph one of this subsection, a pro rata share of whose income, loss and deductions described in paragraph one of subsection (a) of section thirteen hundred sixty-six of the internal revenue code, is included in the taxpayer's city adjusted gross income. (A) The amount determined in this subparagraph is the sum of: (i) the taxes imposed by subchapter two of chapter six of this title on such corporation, or a combined group including such corporation, for its taxable year ending within or with the taxable year of the taxpayer and paid by such corporation, or combined group; and (ii) the amount of any credit or credits taken by such corporation, or a combined group including such corporation, under subdivision eighteen of section 11-604 of this title for its taxable year ending within or with the taxable year of the taxpayer. (B) For purposes of this subdivision, the taxpayer's pro rata share of the amount in subparagraph (A) of this paragraph for the taxable year shall be the amount determined with respect to the taxpayer: (i) by assigning an equal portion of the amount in subparagraph (A) of this paragraph to each day of the corporation's taxable year on which the corporation has shares outstanding, (ii) then by dividing that portion pro rata among the shares outstanding on that day; provided, however, (iii) if the taxable year of such corporation for purposes of chapter six of this title is different from its New York S year or S short year as defined in subdivision one-A of section two hundred eight of the tax law, or subsection (f) of section fourteen hundred fifty of the tax law, only those portions that are assigned to days of the taxable year that are also days of the New York S year or S short year shall be taken into account in determining the shareholder's pro rata share of the amount determined in subparagraph (A) of this paragraph. (g) Credit for city pass-through entity tax. (1) A taxpayer who is a partner or member of an electing city partnership and a taxpayer shareholder of an electing city resident S corporation subject to tax under article twenty-four-B of the tax law shall be entitled to a credit against the tax imposed by such article. For purposes of this subdivision, the terms "electing city partnership," "electing city resident S corporation," "city pass-through entity tax," and "direct share of city pass-through entity tax" shall have the same meanings as used in article twenty-four-B of the tax law. (2) The amount of the credit shall be equal to the partner's, member's or shareholder's direct share of the city pass-through entity tax. (3) If a taxpayer is a partner, member or shareholder in more than one electing city partnership and/or electing city resident S corporation that is subject to tax pursuant to article twenty-four-B of the tax law, the amount of the credit of such taxpayer shall be equal to the sum of the amounts of such credits calculated pursuant to paragraph two of this subdivision with regard to each entity in which such taxpayer has a direct ownership interest. (4) If the amount of the credit allowable pursuant to this subdivision for any taxable year exceeds the tax due for such year pursuant to article twenty-four-B of the tax law, the excess amount shall be treated as an overpayment, to be credited or refunded, without interest. (5) Limitation on credit. No credit shall be allowed to a taxpayer under this subdivision unless the electing city partnership or electing city resident S corporation provided sufficient information to identify such taxpayer on its city pass-through entity tax return as required under paragraph two of subsection (c) of section eight hundred seventy-two of the tax law for an electing city partnership or paragraph two of subsection (d) of section eight hundred seventy-two of the tax law for an electing city resident S corporation. The credit allowed to a taxpayer under this subdivision shall not exceed the direct share of city pass-through entity tax reported by such electing city partnership or electing city resident S corporation attributable to such taxpayer on such electing city partnership's or such electing city resident S corporation's return filed pursuant to section eight hundred seventy-two of the tax law. (h) Credit for certain taxpayers with incomes below certain thresholds. (1) Notwithstanding any other provision of law to the contrary, for any taxable year beginning on or after January first, two thousand twenty-five, a credit shall be allowed to a taxpayer against the taxes imposed pursuant to the authority of this chapter in an amount equal to the tax otherwise due under this chapter for such taxable year reduced by all the credits permitted by this chapter for such taxable year if: (A) such taxpayer is entitled to a deduction for such taxable year under subsection (c) of section one hundred fifty-one of the internal revenue code; (B) such taxpayer meets the following income thresholds for such taxable year: (i) for city taxpayers who filed a resident income tax return as married taxpayers filing jointly or a qualified surviving spouse: If the number of dependents is: Income no greater than: 1 $36,789 2 $46,350 3 $54,545 4 $61,071 5 $68,403 6 $75,204 7 or more $91,902 (ii) for city taxpayers who filed a resident income tax return as a single taxpayer, married taxpayer filing a separate return, or head of household: If the number of dependents is: Income no greater than: 1 $31,503 2 $36,824 3 $46,512 4 $53,711 5 $59,928 6 $65,712 7 $74,565 8 or more $88,361 (iii) for any taxable year beginning on or after January first, two thousand twenty-six, the commissioner of the state department of taxation and finance shall multiply the amounts in this subparagraph by one plus the cost-of-living adjustment, which shall be the percentage by which the consumer price index for the preceding calendar year exceeds the consumer price index for calendar year two thousand twenty-four; (C) such taxpayer is not allowed a credit pursuant to: (i) subsection (a) of section eight hundred sixty-three of the tax law against the tax imposed pursuant to article twenty-two of such law; or (ii) subdivision (g) of this section against the tax imposed pursuant to this chapter; (D) such taxpayer does not report disqualified income in excess of ten thousand dollars in the taxable year, as such term is defined in subsection (i) of section thirty-two of the internal revenue code. (2) Where the income of a taxpayer exceeds the amount indicated in subparagraph (B) of paragraph one of this subdivision for such taxpayer by five thousand dollars or less, and such taxpayer satisfies subparagraph (A) and subparagraphs (C) and (D) of paragraph one of this subdivision, a credit shall be allowed in the amount determined by multiplying: (A) the tax otherwise due under this article for such taxable year reduced by all the credits permitted by this article for such taxable year by (B) a fraction the numerator of which is five thousand dollars minus the amount by which such income exceeds the amount indicated in subparagraph (B) of paragraph one of this subdivision and the denominator of which is five thousand dollars. (3) For purposes of this subdivision: (A) "Consumer price index" means the most recent consumer price index for all-urban consumers published by the United States department of labor. The consumer price index for any calendar year shall be the average of the consumer price index as of the close of the twelve-month period ending on August thirty-first of such calendar year. (B) "Income" means federal adjusted gross income for a taxable year. (Am. 2015 N.Y. Laws Ch. 20, 6/26/2015, eff. 6/26/2015; Am. 2016 N.Y. Laws Ch. 60, 4/13/2016, eff. 4/13/2016; Am. 2020 N.Y. Laws Ch. 59, 4/3/2020, eff. 4/3/2020; Am. 2022 N.Y. Laws Ch. 59, 4/9/2022, eff. 4/9/2022; Am. 2025 N.Y. Laws Ch. 59, 5/9/2025, eff. 5/9/2025; Am. 2026 N.Y. Laws Ch. 59, 5/28/2026, eff. 5/28/2026; Am. L.L. 2026/133, 8/18/2026, retro. eff. 1/1/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/002.

NYC Admin. Code § 11-1707 Meaning of terms.

§ 11-1707 Meaning of terms. (a) General. Any term used in this chapter shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required but such meaning shall be subject to the exceptions or modifications prescribed in this chapter or by statute. Any reference in this chapter to the laws of the United States shall mean the provisions of the internal revenue code of nineteen hundred eighty-six (unless a reference to the internal revenue code of nineteen hundred fifty-four is clearly intended), and amendments thereto, and other provisions of the laws of the United States relating to federal income taxes, as the same may be or become effective at any time or from time to time for the taxable year, as included and quoted in the appendices (including any supplements and additions thereto) to this chapter. Provided however, for taxable years beginning before January first, two thousand twenty-two, any amendments made to the internal revenue code of nineteen hundred eighty-six after March first, two thousand twenty shall not apply to this chapter. (Such quotation of the aforesaid laws of the United States is intended to make them a part of this chapter and to avoid constitutional uncertainties which might result if such laws were merely incorporated by reference. The quotation of a provision of the internal revenue code or of any other law of the United States in such appendices shall not necessarily mean that it is applicable or has relevance to this chapter.) (b) Marital or other status. An individual's marital or other status under section 11-1701 and section 11-1714 shall be the same as his marital or other status for purposes of establishing the applicable federal income tax rates. (c) "City" and "this city" as used in this chapter means the city of New York; "tax commission" as used in this chapter means the tax commission of the state of New York; and "state" or "this state" as used in this chapter means the state of New York. (Am. 2020 N.Y. Laws Ch. 58, 4/3/2020, eff. 4/3/2020)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-13462Fetched: 10/24/2026

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