N.Y. Yonkers income tax surcharge § 15-115: Definitions; word usage

§ 15-115. Definitions; word usage.

A. As used in this article, the following terms shall mean and

include:

CITY - The City of Yonkers, Westchester County, New York.

ESTIMATED TAX - The amount of tax on the net earnings from

self-employment which a taxpayer estimates to be his/her tax under §

15-116 of this article for the taxable year.

NET EARNINGS FROM SELF-EMPLOYMENT - The same as net earnings from

self-employment as defined in Subsection (a) of Section 1402 of the

Internal Revenue Code of 1954, except that an estate or trust shall be

deemed to have "net earnings from self-employment" determined in the

same manner as if it were an individual subject to the tax on

self-employment income imposed by Section 1401 of the Internal Revenue

Code of 1954 diminished by the amount of any deduction allowed by

Subsection (c) of Section 642 of the Internal Revenue Code and the

deductions allowed by Sections 651 and 661 of said code to the extent

that they represent distributions or payments to a resident of the City

of Yonkers. However, "trade or business," as used in Subsection (a) of

Section 1402 of such code, shall mean the same as "trade or business" as

defined in Subsection (c) of Section 1402 of such code, except that

Paragraphs 4, 5 and 6 of such subsection shall not apply in determining

"net earnings from self-employment" taxable under this Article X;

provided, however, that in the case of a nonresident individual or

partner of a partnership doing an insurance business described in

Subdivision 1(a) of § 425-a of the Insurance Law, any item of income,

gain, loss or deduction of such business which is the individual's

distributive or pro rata share for federal income tax purposes or which

the individual is required to take into account separately for federal

income tax purposes shall not be considered to be "net earnings from

self-employment."

NONRESIDENT ESTATE OR TRUST - An estate or trust which is not a

resident.

NONRESIDENT INDIVIDUAL - An individual who is not a resident.

PAYROLL PERIOD AND EMPLOYER - The same as "payroll period and

employer" as defined in Subsections (b) and (d) of Section 3401 of the

Internal Revenue Code of 1954, and "employee" shall also include all

those included as employees in Subsection (c) of such section of such

code.

RESIDENT ESTATE OR TRUST:

(1) The estate of a decedent who at his/her death was domiciled in the

City of Yonkers.

(2) A trust or a portion of a trust.

(a) A trust or a portion of a trust consisting of property transferred

by will of a decedent who at his death was domiciled in the City of

Yonkers; or

(b) A trust or a portion of a trust consisting of the property of:

(1) A person domiciled in the City of Yonkers 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

(2) A person domiciled in the City of Yonkers 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.

(c) For the purposes of the foregoing, a trust or a 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.

RESIDENT INDIVIDUAL - An individual:

(1) Who is domiciled in the City of Yonkers, unless he/she maintains

no permanent place of abode in the City of Yonkers, maintains a

permanent place of abode elsewhere and spends in the aggregate not more

than thirty (30) days of the taxable year in the City of Yonkers; or

within any period of five hundred forty-eight (548) consecutive days he

is present in a foreign country or countries for at least four hundred

fifty (450) days, and during such period of five hundred forty-eight

(548) consecutive days he/she is not present in the city for more than

ninety (90) days and does not maintain a permanent place of abode in the

city at which his/her spouse (unless such spouse is legally separated)

or minor children are present for more than ninety (90) days, and during

any period of less than twelve (12) months, which would be treated as a

separate taxable period based on a change of resident status, and which

period is contained within such period of five hundred forty-eight (548)

consecutive days, he/she is present in the City of Yonkers for a number

of days which does not exceed an amount which bears the same ratio to

ninety (90) as the number of days contained in such period of less than

twelve (12) months bears to five hundred forty-eight (548); or

(2) Who is not domiciled in the City of Yonkers but maintains a

permanent place of abode in the City of Yonkers and spends in the

aggregate more than one hundred eighty-three (183) days of the taxable

year in the City of Yonkers, unless such individual is in active service

in the armed forces of the United States.

TAXABLE YEAR - The taxpayer's taxable year for federal income tax

purposes.

WAGES - Wages as defined in Subsection (a) of Section 3401 of the

Internal Revenue Code of 1954, except that "wages" shall not include

payments for active service as a member of the armed forces of the

United States and shall not include, in the case of a nonresident

individual or partner of a partnership doing an insurance business as a

member of the New York insurance exchanges described in Subdivision 1(a)

of § 425-a of the Insurance Law, any item of income, gain, loss or

deduction of such business which is such individual's distributive or

pro rata share for federal income tax purposes or which such individual

is required to take into account separately for federal income tax

purposes.

B. Comparable meaning of terms. Unless a different meaning is clearly

required, any term used in this article shall have the same meaning as

when used in a comparable context in the laws of the United States

relating to federal taxes, and any reference in this article to the

Internal Revenue Code, the Internal Revenue Code of 1954 or to the laws

of the United States shall mean the provisions of the Internal Revenue

Code of 1954, and amendments thereto, and other provisions of the laws

of the United States relating to federal taxes, and amendments thereto.