N.Y. Tax Law § 638: New York source income of a part-year resident

§ 638. New York source income of a part-year resident. (a)

Individuals. The New York source income of a part-year resident

individual shall be the sum of the following:

(1) New York adjusted gross income for the period of residence,

determined in accordance with part II of this article as if the

taxpayer's taxable year for federal income tax purposes were limited to

the period of residence.

(2) New York source income for the period of nonresidence, determined

in accordance with section six hundred thirty-one as if the taxpayer's

taxable year for federal income tax purposes were limited to the period

of nonresidence.

(b) Trusts. The New York source income of a part-year resident trust

shall be the sum of the following:

(1) New York adjusted gross income for the period of residence,

determined in accordance with paragraph four of subsection (e) of

section six hundred one as if its taxable year for federal income tax

purposes were limited to the period of residence.

(2) New York source income for the period of nonresidence, determined

in accordance with section six hundred thirty-three as if its taxable

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

nonresidence.

(c) Stock option grants, stock appreciation rights and restricted

stock. A part-year resident taxpayer who has been granted statutory

stock options, restricted stock, nonstatutory stock options or stock

appreciation rights and who, during such grant period, performs services

within New York for, or is employed within New York by, the corporation

granting such option, stock or right, shall compute his or her New York

source income as determined under rules and regulations prescribed by

the commissioner.