N.Y. Tax Law § 1302: Persons subject to tax

§ 1302. Persons subject to tax. (a) Imposition of tax. The city

personal income tax (other than the city separate tax on the ordinary

income portion of lump sum distributions) imposed pursuant to the

authority of this article shall be imposed for each taxable year on the

city taxable income of every city resident individual, estate and trust.

A taxpayer's taxable year for purposes of a tax imposed pursuant to the

authority of this article shall be the same as his taxable year under

article twenty-two of this chapter.

(b) Partners and partnerships. A partnership as such shall not be

subject to a tax imposed pursuant to the authority of this article.

Persons carrying on business as partners shall be liable for such tax

only in their separate or individual capacities. As used in this

article, 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 trust company formed

pursuant to section one hundred two-a of the banking law.

(c) 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 a tax imposed

pursuant to the authority of this article.

(d) Exempt trusts and organizations. A trust or other unincorporated

organization which by reason of its purposes is exempt from federal

income tax shall be exempt from any tax imposed pursuant to the

authority of this article (regardless of whether subject to federal

income tax on unrelated business taxable income).