N.Y. Tax Law 1502 – Computation of tax
§ 1502. Computation of tax. (a) The tax imposed under section fifteen hundred one shall be the greatest of:
Terms Used In N.Y. Tax Law 1502
- investment capital: means investments in stocks, bonds and other securities, corporate and governmental, not held for sale to customers in the regular course of business, exclusive of subsidiary capital and stock issued by the taxpayer, provided, however, that in the discretion of the tax commission, there shall be deducted from investment capital any liabilities payable by their terms on demand or within one year from the date incurred, other than loans or advances outstanding for more than a year as of any date during the year covered by the return, which are attributable to investment capital, provided, also, there shall be excluded from investment capital, such investments which are held to maintain reserves of the taxpayer required under sections one thousand three hundred three, one thousand three hundred four and one thousand three hundred five of the insurance law. See N.Y. Tax Law 1500
- subsidiary: means a corporation of which over fifty percent of the number of shares of stock entitling the holders thereof to vote for the election of directors or trustees is owned by the taxpayer. See N.Y. Tax Law 1500
- taxable year: means the taxpayer's taxable year for federal income tax purposes, or the part thereof during which the taxpayer is subject to the tax under this article. See N.Y. Tax Law 1500
(1) for taxable years beginning before July first, two thousand, nine percent of the taxpayer's entire net income, or portion thereof allocated within this state, for the taxable year, or part thereof, except that for taxable years beginning prior to January first, nineteen hundred seventy-eight, the rate shall be four and five-tenths percent; for taxable years beginning after June thirtieth, two thousand and before July first, two thousand one, eight and one-half percent of the taxpayer's entire net income, or portion thereof allocated within this state, for the taxable year, or part thereof; for taxable years beginning after June thirtieth, two thousand one and before July first, two thousand two, eight percent of the taxpayer's entire net income, or portion thereof allocated within this state, for the taxable year, or part thereof; for taxable years beginning after June thirtieth, two thousand two and before January first, two thousand seven, seven and one-half percent of the taxpayer's entire net income, or portion thereof allocated within this state, for the taxable year, or part thereof; and for taxable years beginning on or after January first, two thousand seven, seven and one-tenth percent of the taxpayer's entire net income, or portion thereof allocated within this state, for the taxable year, or part thereof; or
(2) one and six-tenths mills for each dollar of the taypayer's total business and investment capital allocated within this state for the taxable year, or part thereof, except that for taxable years beginning prior to January first, nineteen hundred seventy-eight, the rate shall be eight-tenths mills; or
(3) nine percent on thirty percent of the taxpayer's entire net income plus salaries and other compensation paid to the taxpayer's elected or appointed officers and to every stockholder owning in excess of five percent of its issued capital stock minus fifteen thousand dollars and any net loss for the reported year, or the portion of such sum allocated within the state as hereinafter provided, except that for taxable years beginning prior to January first, nineteen hundred seventy-eight, the rate shall be four and five-tenths percent rather than nine percent; or
(4) two hundred fifty dollars; plus
(b) eight-tenths of a mill for each dollar of the portion of the taxpayer's subsidiary capital allocated within the state for the taxable year, or part thereof, except that for taxable years beginning prior to January first, nineteen hundred seventy-eight, the rate shall be four-tenths of a mill.