N.Y. General City Law art. 2-D, § 34: Change of residence status during the year

§ 34. Change of residence status during the year.-- (a) General.-- If

an individual changes his status during his taxable year from resident

to nonresident, or from nonresident to resident, he shall file one

return as a resident for the portion of the year during which he is a

resident, and an information return for the portion of the year during

which he is a nonresident, subject to such exceptions as the

administrator may prescribe by regulation. Such information return shall

be due at the same time as the return for the portion of the year during

which such individual is a resident.

(b) City taxable income for portion of year individual is a

resident.--The city taxable income for the portion of the year during

which he is a resident shall be determined, except as provided in

subdivision (c), under part II of this local law as if his taxable year

for federal income tax purposes were limited to the period of his

resident status.

(c) Special accruals.--(1) If an individual changes his status from

resident to nonresident, he shall, regardless of his method of

accounting, accrue for the portion of the taxable year prior to such

change of status any items of income, gain, loss or deduction accruing

prior to the change of status, if not otherwise properly includible

(whether or not because of an election to report on an installment

basis) or allowable for city income tax purposes for such portion of the

taxable year or for a prior taxable year. The amounts of such accrued

items shall be determined with the applicable modifications described in

sections twelve and fifteen as if such accrued items were includible or

allowable for federal income tax purposes.

(2) If an individual changes his status from nonresident to resident,

he shall, regardless of his method of accounting, accrue for the portion

of the taxable year prior to such change of status any items of income,

gain, loss or deduction accruing prior to the change of status, if not

otherwise properly includible (whether or not because of an election to

report on an installment basis) or allowable for federal income tax

purposes for such portion of the taxable year or for a prior taxable

year. The amounts of such accrued items shall be determined with the

applicable modifications described in sections twelve and fifteen as if

such accrued items were includible or allowable for federal income tax

purposes.

(3) No item of income, gain, loss or deduction which is accrued under

this subdivision shall be taken into account in determining city

adjusted gross income or the city itemized deduction for any subsequent

taxable period.

(4) Where an individual changes his status from resident to

nonresident, the accruals under this subdivision shall not be required

if the individual files with the administrator a bond or other security

acceptable to the administrator, conditioned upon the inclusion of

amounts accruable under this subdivision in city adjusted gross income

for one or more subsequent taxable years as if the individual had not

changed his resident status.

(d) Prorations.--Where an individual changes his status during his

taxable year from resident to nonresident or from nonresident to

resident, the city personal exemptions allowable under section sixteen

shall be prorated, under regulations of the administrator, to reflect

the portions of the entire taxable year during which the individual was

a resident and a nonresident

(e) Standard deduction.--Where an individual changes his status during

his taxable year from resident to nonresident or from nonresident to

resident, the city standard deduction allowable shall be either ten per

centum of city adjusted gross income reported for the period during

which he is a resident, or one thousand dollars prorated according to

the period covered by the return, whichever is less.