N.Y. General City Model 772/66 § 103: Unincorporated business defined

§ 103. Unincorporated business defined. (a) General.--An

unincorporated business means any trade, business, profession or

occupation conducted, engaged in or being liquidated by an individual or

unincorporated entity, including a partnership or fiduciary or a

corporation in liquidation, but not including any entity subject to tax

under any local law imposed pursuant to section one of the act

authorizing the adoption of this title and not including any entity

doing an insurance business as a member or members of the New York

insurance exchange described in paragraph (a) of subdivision one of

section four hundred twenty-five-a of the insurance law.

Unincorporated businesses subject to tax under a local law of the city

imposing a tax on utilities shall not be subject to tax under this part;

provided, however, that unincorporated businesses, other than utility

businesses subject to the supervision of the state department of public

service, which are subject to tax under a local law of the city imposing

a tax on vendors of utility services shall be subject to tax under this

part on that percentage of their entire net income allocable to the city

under section one hundred seven which their receipts other than those

taxable under such local law taxing vendors of utility services is of

their total receipts. If an individual or an unincorporated entity

carries on two or more unincorporated businesses, all such businesses

shall be treated as one unincorporated business for the purposes of this

title.

(b) Services as employee, et cetera.--The performance of services by

an individual as an employee or as an officer or director of a

corporation, society, association, or political entity, or as a

fiduciary, shall not be deemed an unincorporated business, unless such

services constitute part of a business regularly carried on by such

individual.

(d) Purchase and sale for own account.--An individual or other

unincorporated entity, except a dealer holding property primarily for

sale to customers in the ordinary course of his trade or business, shall

not be deemed engaged in an unincorporated business solely by reason of

the purchase and sale of property for his own account, but this

subdivision shall not apply if the unincorporated entity is taxable as a

corporation for federal income tax purposes.

(e) Holding, leasing or managing real property.--An owner of real

property, a lessee or a fiduciary shall not be deemed engaged in an

unincorporated business solely by reason of holding, leasing or managing

real property.

(f) Sales representative.--An individual, other than one who maintains

an office or who employs one or more assistants or who otherwise

regularly carries on a business, shall not be deemed engaged in an

unincorporated business solely by reason of selling goods, wares,

merchandise or insurance for more than one enterprise. For purposes of

this subdivision, space utilized solely for the display of merchandise

and/or for the maintenance and storage of records normally used in the

course of business shall not be deemed an office, and the employment of

clerical and secretarial assistance shall not be deemed the employment

of assistants.

(g) 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 not be deemed an unincorporated business

(regardless of whether subject to federal income tax on unrelated

business taxable income).