§ 601. Imposition of tax. (a) Resident married individuals filing
joint returns and resident surviving spouses. There is hereby imposed
for each taxable year on the New York taxable income of every resident
married individual who makes a single return jointly with his spouse
under subsection (b) of section six hundred fifty-one and on the New
York taxable income of every resident surviving spouse a tax determined
in accordance with the following tables:

(1) (A) For taxable years beginning after two thousand eleven and
before two thousand eighteen:
If the New York taxable income is: The tax is:
Not over $16,000 4% of taxable income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over

$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over

$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.90% of excess over

$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.45% of excess over

$40,000
Over $150,000 but not over $300,000 $9,041 plus 6.65% of excess over

$150,000
Over $300,000 but not over $2,000,000 $19,016 plus 6.85% of excess over

$300,000
Over $2,000,000 $135,466 plus 8.82% of excess over

$2,000,000

(B)(i) For taxable years beginning in two thousand eighteen the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable

income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over

$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over

$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over

$27,900
Over $43,000 but not over $161,550 $2,093 plus 6.33% of excess over

$43,000
Over $161,550 but not over $323,200 $9,597 plus 6.57% of excess over

$161,550
Over $323,200 but not over $2,155,350 $20,218 plus 6.85% of excess over

$323,200
Over $2,155,350 $145,720 plus 8.82% of excess over

$2,155,350

(ii) For taxable years beginning in two thousand nineteen the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable

income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over

$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over

$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over

$27,900
Over $43,000 but not over $161,550 $2,093 plus 6.21% of excess over

$43,000
Over $161,550 but not over $323,200 $9,455 plus 6.49% of excess over

$161,550
Over $323,200 but not over $2,155,350 $19,946 plus 6.85% of excess over

$323,200
Over $2,155,350 $145,448 plus 8.82% of excess over

$2,155,350

(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over

$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over

$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over

$27,900
Over $43,000 but not over $161,550 $2,093 plus 6.09% of excess over

$43,000
Over $161,550 but not over $323,200 $9,313 plus 6.41% of excess over

$161,550
Over $323,200 but not over $19,674 plus 6.85% of excess
$2,155,350 $323,200 over
Over $2,155,350 $145,177 plus 8.82% of excess over

$2,155,350

(iv) For taxable years beginning in two thousand twenty-one the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over

$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over

$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over

$27,900
Over $43,000 but not over $161,550 $2,093 plus 5.97% of excess over

$43,000
Over $161,550 but not over $323,200 $9,170 plus 6.33% of excess over

$161,550
Over $323,200 but not over $19,403 plus 6.85% of excess
$2,155,350 over $323,200
Over $2,155,350 but not over $144,905 plus 9.65% of excess over
$5,000,000 $2,155,350
Over $5,000,000 but not over $419,414 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,479,414 plus 10.90% of excess over

$25,000,000

(v) For taxable years beginning in two thousand twenty-two the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over

$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over

$23,600
Over $27,900 but not over $161,550 $1,202 plus 5.85% of excess over

$27,900
Over $161,550 but not over $323,200 $9,021 plus 6.25% of excess over

$161,550
Over $323,200 but not over $19,124 plus
$2,155,350 6.85% of excess over $323,200
Over $2,155,350 but not over $144,626 plus 9.65% of excess over
$5,000,000 $2,155,350
Over $5,000,000 but not over $419,135 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,479,135 plus 10.90% of excess over

$25,000,000

(vi) For taxable years beginning in two thousand twenty-three and
before two thousand twenty-eight the following rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over

$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over

$23,600
Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over

$27,900
Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess over

$161,550
Over $323,200 but not over $18,252 plus 6.85% of excess over
$2,155,350 $323,200
Over $2,155,350 but not over $143,754 plus 9.65% of excess over
$5,000,000 $2,155,350
Over $5,000,000 but not over $418,263 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,478,263 plus 10.90% of excess over

$25,000,000

(vii) For taxable years beginning after two thousand twenty-seven the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over

$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over

$23,600
Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over

$27,900
Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess

over $161,550
Over $323,200 but not over $18,252 plus 6.85% of excess
$2,155,350 over $323,200
Over $2,155,350 $143,754 plus 8.82% of excess

over $2,155,350

(1-a) For taxable years beginning after two thousand eight and before
two thousand twelve:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable

income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over

$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over

$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over

$26,000
Over $40,000 but not over $300,000 $1,946 plus 6.85% of excess over

$40,000
Over $300,000 but not over $500,000 $19,756 plus 7.85% of excess over

$300,000
Over $500,000 $35,456 plus 8.97% of excess over

$500,000

(2) For taxable years beginning after two thousand five and before two
thousand nine:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable

income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over

$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over

$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over

$26,000
Over $40,000 $1,946 plus 6.85% of excess over

$40,000

(3) For taxable years beginning in two thousand five:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable

income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over

$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over

$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over

$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over

$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.25% of excess over

$150,000
Over $500,000 $34,856 plus 7.7% of excess over

$500,000

(4) For taxable years beginning in two thousand four:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable

income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over

$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over

$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over

$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over

$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.375% of excess over

$150,000
Over $500,000 $35,294 plus 7.7% of excess over

$500,000

(5) For taxable years beginning in two thousand three:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable

income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over

$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over

$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over

$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over

$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.5% of excess over

$150,000
Over $500,000 $35,731 plus 7.7% of excess over

$500,000

(6) For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable

income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over

$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over

$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over

$26,000
Over $40,000 $1,946 plus 6.85% of excess over

$40,000

(7) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $16,000 $440 plus 5% of excess over

$11,000
Over $16,000 but not over $22,000 $690 plus 6% of excess over

$16,000
Over $22,000 $1,050 plus 7% of excess over

$22,000

(8) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $13,000 4.55% of the New York taxable

income
Over $13,000 but not over $19,000 $592 plus 5.55% of excess over

$13,000
Over $19,000 but not over $25,000 $925 plus 6.55% of excess over

$19,000
Over $25,000 $1,318 plus 7.5% of excess over

$25,000

(9) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $16,000 $440 plus 5% of excess over

$11,000
Over $16,000 but not over $22,000 $690 plus 6% of excess over

$16,000
Over $22,000 but not over $26,000 $1,050 plus 7% of excess over

$22,000
Over $26,000 $1,330 plus 7.875% of excess over

$26,000

(b) Resident heads of households. There is hereby imposed for each
taxable year on the New York taxable income of every resident head of a
household a tax determined in accordance with the following tables:

(1) (A) For taxable years beginning after two thousand eleven and
before two thousand eighteen:
If the New York taxable income is: The tax is:
Not over $12,000 4% of taxable income
Over $12,000 but not over $16,500 $480 plus 4.5% of excess over

$12,000
Over $16,500 but not over $19,500 $683 plus 5.25% of excess over

$16,500
Over $19,500 but not over $30,000 $840 plus 5.90% of excess over

$19,500
Over $30,000 but not over $100,000 $1,460 plus 6.45% of excess over

$30,000
Over $100,000 but not over $250,000 $5,975 plus 6.65% of excess over

$100,000
Over $250,000 but not over $1,500,000 $15,950 plus 6.85% of excess over

$250,000
Over $1,500,000 $101,575 plus 8.82% of excess over

$1,500,000

(B)(i) For taxable years beginning in two thousand eighteen the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over

$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.33% of excess over

$32,200
Over $107,650 but not over $269,300 $6,344 plus 6.57% of excess over

$107,650
Over $269,300 but not over $1,616,450 $16,964 plus 6.85% of excess over

$269,300
Over $1,616,450 $109,244 plus 8.82% of excess over

$1,616,450

(ii) For taxable years beginning in two thousand nineteen the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over

$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.21% of excess over

$32,200
Over $107,650 but not over $269,300 $6,253 plus 6.49% of excess over

$107,650
Over $269,300 but not over $1,616,450 $16,744 plus 6.85% of excess over

$269,300
Over $1,616,450 $109,024 plus 8.82% of excess over

$1,616,450

(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over

$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.09% of excess over

$32,200
Over $107,650 but not over $269,300 $6,162 plus 6.41% of excess over

$107,650
Over $269,300 but not over $16,524 plus 6.85% of
$1,616,450 excess over $269,300
Over $1,616,450 $108,804 plus 8.82% of excess over

$1,616,450

(iv) For taxable years beginning in two thousand twenty-one the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over

$12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over

$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over

$20,900
Over $32,200 but not over $107,650 $1,568 plus 5.97% of excess over

$32,200
Over $107,650 but not over $269,300 $6,072 plus 6.33% of excess over

$107,650
Over $269,300 but not over $16,304 plus 6.85% of excess over
$1,616,450 $269,300
Over $1,616,450 but not over $108,584 plus 9.65% of excess over
$5,000,000 $1,616,450
Over $5,000,000 but not over $435,097 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,495,097 plus 10.90% of excess over

$25,000,000

(v) For taxable years beginning in two thousand twenty-two the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over

$12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over

$17,650
Over $20,900 but not over $107,650 $901 plus 5.85% of excess over

$20,900
Over $107,650 but not over $269,300 $5,976 plus 6.25% of excess over

$107,650
Over $269,300 but not over $16,079 plus 6.85% of excess
$1,616,450 over $269,300
Over $1,616,450 but not over $108,359 plus 9.65% of excess over
$5,000,000 $1,616,450
Over $5,000,000 but not over $434,871 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,494,871 plus 10.90% of excess over

$25,000,000

(vi) For taxable years beginning in two thousand twenty-three and
before two thousand twenty-eight the following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over

$12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over

$17,650
Over $20,900 but not over $107,650 $901 plus 5.5% of excess over

$20,900
Over $107,650 but not over $269,300 $5,672 plus 6.00% of excess over

$107,650
Over $269,300 but not over $15,371 plus 6.85% of excess over
$1,616,450 $269,300
Over $1,616,450 but not over $107,651 plus 9.65% of excess over
$5,000,000 $1,616,450
Over $5,000,000 but not over $434,163 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,494,163 plus 10.90% of excess over

$25,000,000

(vii) For taxable years beginning after two thousand twenty-seven the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $512 plus 4.5% of excess over
$17,650 $12,800
Over $17,650 but not over $730 plus 5.25% of excess over
$20,900 $17,650
Over $20,900 but not over $901 plus 5.5% of excess over
$107,650 $20,900
Over $107,650 but not over $5,672 plus 6.00% of excess
$269,300 over $107,650
Over $269,300 but not over $15,371 plus 6.85% of excess
$1,616,450 over $269,300
Over $1,616,450 $107,651 plus 8.82% of excess

over $1,616,450

(1-a) For taxable years beginning after two thousand eight and before
two thousand twelve:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over

$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over

$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over

$17,000
Over $30,000 but not over $250,000 $1,492 plus 6.85% of excess over

$30,000
Over $250,000 but not over $500,000 $16,562 plus 7.85% of excess over

$250,000
Over $500,000 $36,187 plus 8.97% of excess over

$500,000

(2) For taxable years beginning after two thousand five and before two
thousand nine:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over

$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over

$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over

$17,000
Over $30,000 $1,492 plus 6.85% of excess over

$30,000

(3) For taxable years beginning in two thousand five:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over

$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over

$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over

$17,000
Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over

$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.25% of excess over

$125,000
Over $500,000 $35,187 plus 7.7% of excess over

$500,000

(4) For taxable years beginning in two thousand four:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over

$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over

$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over

$17,000
Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over

$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.375% of excess over

$125,000
Over $500,000 $35,656 plus 7.7% of excess over

$500,000

(5) For taxable years beginning in two thousand three:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over

$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over

$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over

$17,000
Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over

$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.5% of excess over

$125,000
Over $500,000 $36,125 plus 7.7% of excess over

$500,000

(6) For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable

income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over

$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over

$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over

$17,000
Over $30,000 $1,492 plus 6.85% of excess over

$30,000

(7) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $7,500 4% of the New York taxable

income
Over $7,500 but not over $11,000 $300 plus 5% of excess over

$7,500
Over $11,000 but not over $15,000 $475 plus 6% of excess over

$11,000
Over $15,000 $ 715 plus 7% of excess over

$15,000

(8) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $9,000 4.55% of the New York taxable

income
Over $9,000 but not over $14,000 $410 plus 5.55% of excess over

$9,000
Over $14,000 but not over $19,000 $687 plus 6.55% of excess over

$14,000
Over $19,000 $1,015 plus 7.5% of excess over

$19,000

(9) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $7,500 4% of the New York taxable

income
Over $7,500 but not over $11,000 $300 plus 5% of excess over

$7,500
Over $11,000 but not over $15,000 $475 plus 6% of excess over

$11,000
Over $15,000 but not over $17,000 $715 plus 7% of excess over

$15,000
Over $17,000 $855 plus 7.875% of excess over

$17,000

(c) Resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts. There is hereby
imposed for each taxable year on the New York taxable income of every
resident individual who is not a married individual who makes a single
return jointly with his spouse under subsection (b) of section six
hundred fifty-one or a resident head of a household or a resident
surviving spouse, and on the New York taxable income of every resident
estate and trust a tax determined in accordance with the following
tables:

(1) (A) For taxable years beginning after two thousand eleven and
before two thousand eighteen:
If the New York taxable income is: The tax is:
Not over $8,000 4% of taxable income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over

$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over

$11,000
Over $13,000 but not over $20,000 $560 plus 5.90% of excess over

$13,000
Over $20,000 but not over $75,000 $973 plus 6.45% of excess over

$20,000
Over $75,000 but not over $200,000 $4,521 plus 6.65% of excess over

$75,000
Over $200,000 but not over $1,000,000 $12,833 plus 6.85% of excess over

$200,000
Over $1,000,000 $67,633 plus 8.82% of excess over

$1,000,000

(B)(i) For taxable years beginning in two thousand eighteen the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over

$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over

$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over

$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.33% of excess over

$21,400
Over $80,650 but not over $215,400 $4,793 plus 6.57% of excess over

$80,650
Over $215,400 but not over $1,077,550 $13,646 plus 6.85% of excess over

$215,400
Over $1,077,550 $72,703 plus 8.82% of excess over

$1,077,550

(ii) For taxable years beginning in two thousand nineteen the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over

$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over

$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over

$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.21% of excess over

$21,400
Over $80,650 but not over $215,400 $4,721 plus 6.49% of excess over

$80,650
Over $215,400 but not over $1,077,550 $13,467 plus 6.85% of excess over

$215,400
Over $1,077,550 $72,524 plus 8.82% of excess over

$1,077,550

(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over

$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over

$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over

$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.09% of excess over

$21,400
Over $80,650 but not over $215,400 $4,650 plus 6.41% of excess over

$80,650
Over $215,400 but not over $13,288 plus 6.85% of excess
$1,077,550 over $215,400
Over $1,077,550 $72,345 plus 8.82% of excess over

$1,077,550

(iv) For taxable years beginning in two thousand twenty-one the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over

$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over

$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over

$13,900
Over $21,400 but not over $80,650 $1,042 plus 5.97% of excess over

$21,400
Over $80,650 but not over $215,400 $4,579 plus 6.33% of excess over

$80,650
Over $215,400 but not over $13,109 plus 6.85% of excess
$1,077,550 over $215,400
Over $1,077,550 but not over $72,166 plus 9.65% of excess over
$5,000,000 $1,077,550
Over $5,000,000 but not over $450,683 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,510,683 plus 10.90% of excess over

$25,000,000

(v) For taxable years beginning in two thousand twenty-two the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over

$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over

$11,700
Over $13,900 but not over $80,650 $600 plus 5.85% of excess over

$13,900
Over $80,650 but not over $215,400 $4,504 plus 6.25% of excess over

$80,650
Over $215,400 but not over $12,926 plus 6.85% of excess
$1,077,550 over $215,400
Over $1,077,550 but not over $71,984 plus 9.65% of excess over
$5,000,000 $1,077,550
Over $5,000,000 but not over $450,500 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,510,500 plus 10.90% of excess over

$25,000,000

(vi) For taxable years beginning in two thousand twenty-three and
before two thousand twenty-eight the following rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over

$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over

$11,700
Over $13,900 but not over $80,650 $600 plus 5.50% of excess over

$13,900
Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess over

$80,650
Over $215,400 but not over $12,356 plus 6.85% of excess over
$1,077,550 $215,400
Over $1,077,550 but not over $71,413 plus 9.65% of excess over
$5,000,000 $1,077,550
Over $5,000,000 but not over $449,929 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,509,929 plus 10.90% of excess over

$25,000,000

(vii) For taxable years beginning after two thousand twenty-seven the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over

$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over

$11,700
Over $13,900 but not over $80,650 $600 plus 5.50% of excess over

$13,900
Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess

over $80,650
Over $215,400 but not over $12,356 plus 6.85% of excess
$1,077,550 over $215,400
Over $1,077,550 $71,413 plus 8.82% of excess

over $1,077,550

(1-a) For taxable years beginning after two thousand eight and before
two thousand twelve:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable

income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over

$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over

$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over

$13,000
Over $20,000 but not over $200,000 $973 plus 6.85% of excess over

$20,000
Over $200,000 but not over $500,000 $13,303 plus 7.85% of excess over

$200,000
Over $500,000 $36,853 plus 8.97% of excess over

$500,000

(2) For taxable years beginning after two thousand five and before two
thousand nine:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable

income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over

$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over

$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over

$13,000
Over $20,000 $973 plus 6.85% of excess over

$20,000

(3) For taxable years beginning in two thousand five:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable

income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over

$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over

$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over

$13,000
Over $20,000 but not over $100,000 $973 plus 6.85% of excess over

$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.25% of excess over

$100,000
Over $500,000 $35,453 plus 7.7% of excess over

$500,000

(4) For taxable years beginning in two thousand four:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable

income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over

$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over

$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over

$13,000
Over $20,000 but not over $100,000 $973 plus 6.85% of excess over

$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.375% of excess over

$100,000
Over $500,000 $35,953 plus 7.7% of excess over

$500,000

(5) For taxable years beginning in two thousand three:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable

income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over

$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over

$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over

$13,000
Over $20,000 but not over $100,000 $973 plus 6.85% of excess over

$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.5% of excess over

$100,000
Over $500,000 $36,453 plus 7.7% of excess over

$500,000

(6) For taxable years beginning after nineteen hundred ninety-six and
before two thousand three:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable

income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over

$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over

$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over

$13,000
Over $20,000 $973 plus 6.85% of excess over

$20,000

(7) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $5,500 4% of the New York taxable

income
Over $5,500 but not over $8,000 $220 plus 5% of excess over

$5,500
Over $8,000 but not over $11,000 $345 plus 6% of excess over

$8,000
Over $11,000 $525 plus 7% of excess over

$11,000

(8) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $6,500 4.55% of the New York taxable

income
Over $6,500 but not over $9,500 $296 plus 5.55% of excess over

$6,500
Over $9,500 but not over $12,500 $462 plus 6.55% of excess over

$9,500
Over $12,500 $659 plus 7.5% of excess over

$12,500

(9) For taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five:
If the New York taxable
income is: The tax is:
Not over $5,500 4% of the New York taxable

income
Over $5,500 but not over $8,000 $220 plus 5% of excess over

$5,500
Over $8,000 but not over $11,000 $345 plus 6% of excess over

$8,000
Over $11,000 but not over $13,000 $525 plus 7% of excess over

$11,000
Over $13,000 $665 plus 7.875% of excess over

$13,000

(d) Tax table benefit recapture. For taxable years beginning after
nineteen hundred ninety, there is hereby imposed a supplemental tax in
addition to the tax imposed under subsections (a), (b) and (c) of this
section for the purpose of recapturing the benefit of the tax tables
contained in such subsections or section six hundred ninety-nine of this
article, as the case may be. The supplemental tax shall be an amount
equal to the sum of the tax table benefits in paragraphs one, two and
three of this subsection multiplied by their respective fractions in
such paragraphs provided, however, that paragraph two of this subsection
shall not apply to taxpayers that are not subject to the second highest
rate of tax.

(1) Resident married individuals filing joint returns, resident
surviving spouses, resident heads of households, resident unmarried
individuals, resident married individuals filing separate returns and
resident estates and trusts. (A) The tax table benefit is the difference
between (i) the amount of taxable income set forth in the tax table in
subsection (a), (b) or (c), of this section, as the case may be, or in
section six hundred ninety-nine, as the case may be, not subject to the
6.85 percent rate of tax for the taxable year multiplied by such rate
and (ii) the dollar denominated tax for such amount of taxable income
set forth in the tax table applicable to the taxable year in subsection
(a), (b) or (c) of this section, as the case may be, or section six
hundred ninety-nine, as the case may be.

(B) The fraction is computed as follows: the numerator is the lesser
of fifty thousand dollars or the excess of New York adjusted gross
income for the taxable year over one hundred thousand dollars and the
denominator is fifty thousand dollars.

(2) Resident married individuals filing joint returns, surviving
spouses, resident heads of households, resident unmarried individuals,
resident married individuals filing separate returns and resident
estates and trusts. (A) The tax table benefit is the difference between
(i) the amount of taxable income set forth in the tax table in
subsection (a), (b) or (c) of this section, as the case may be, not
subject to the second highest rate of tax for the taxable year
multiplied by such rate and (ii) the second highest dollar denominated
tax for such amount of taxable income set forth in the tax table
applicable to the taxable year in subsection (a), (b) or (c) of this
section, as the case may be, less the tax table benefit in paragraph one
of this subsection.

(B) For taxable years beginning after two thousand two and before two
thousand six, the fraction is computed as follows: the numerator is the
lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the taxable year over one hundred fifty thousand
dollars and the denominator is fifty thousand dollars. For taxable years
beginning after two thousand eight and before two thousand twelve, the
fraction is computed as follows: the numerator is the lesser of fifty
thousand dollars or the excess of New York adjusted gross income for the
taxable year over three hundred thousand dollars and the denominator is
fifty thousand dollars.

(C) This paragraph shall only apply to taxable years beginning after
two thousand two and before two thousand six and after two thousand
eight and before two thousand twelve.

(3) Resident married individuals filing joint returns, surviving
spouses, resident heads of households, resident unmarried individuals,
resident married individuals filing separate returns and resident
estates and trusts. (A) The tax table benefit is the difference between
(i) the amount of taxable income set forth in the tax table in
subsection (a), (b) or (c) of this section, as the case may be, not
subject to the highest rate of tax for the taxable year multiplied by
such rate and (ii) the highest dollar denominated tax set forth in the
tax table applicable to the taxable year in subsection (a), (b) or (c)
of this section, as the case may be, less the sum of the tax table
benefits in paragraphs one and two of this subsection.

(B) For such taxpayers with adjusted gross income over five hundred
thousand dollars, for taxable years beginning after two thousand eight
and before two thousand twelve, the fraction is computed as follows: the
numerator is the lesser of fifty thousand dollars or the excess of New
York adjusted gross income for the taxable year over five hundred
thousand dollars and the denominator is fifty thousand dollars.
Provided, however, that the total tax prior to the application of any
tax credits shall not exceed the highest rate of tax set forth in the
tax table in subsection (a) of this section multiplied by the taxpayer's
taxable income.

(C) This paragraph shall only apply to taxable years beginning after
two thousand two and before two thousand six and after two thousand
eight and before two thousand twelve.

(d-1) Alternative tax table benefit recapture. Notwithstanding the
provisions of subsection (d) of this section, for taxable years
beginning after two thousand eleven, there is hereby imposed a
supplemental tax in addition to the tax imposed under subsections (a),
(b) and (c) of this section for the purpose of recapturing the benefit
of the tax tables contained in such subsections. During these taxable
years, any reference in this chapter to subsection (d) of this section
shall be read as a reference to this subsection.

(1) For resident married individuals filing joint returns and resident
surviving spouses, the supplemental tax shall be an amount equal to the
sum of the tax table benefits described in subparagraphs (A), (B), (C)
and (D) of this paragraph multiplied by their respective fractions in
such subparagraphs. Furthermore, in making the calculations described in
these subparagraphs in taxable years beginning after tax year two
thousand seventeen, the applicable tax rates specified in subparagraph
(B) of paragraph one of subsection (a) of this section shall be
substituted for the rates referenced in these subparagraphs.

(A) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 6.45 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section.
The fraction for this subparagraph is computed as follows: the numerator
is the lesser of fifty thousand dollars or the excess of New York
adjusted gross income for the taxable year over one hundred thousand
dollars and the denominator is fifty thousand dollars.

(B) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 6.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the tax table benefit in subparagraph (A) of this paragraph. The
fraction for this subparagraph is computed as follows: the numerator is
the lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the taxable year over one hundred fifty thousand
dollars and the denominator is fifty thousand dollars. Provided,
however, this subparagraph shall not apply to taxpayers who are not
subject to the 6.65 percent tax rate.

(C) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefit in subparagraphs (A) and (B) of
this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or the
excess of New York adjusted gross income for the taxable year over three
hundred thousand dollars and the denominator is fifty thousand dollars.
Provided, however, this subparagraph shall not apply to taxpayers who
are not subject to the 6.85 percent tax rate.

(D) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 8.82 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B) and (C)
of this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or the
excess of New York adjusted gross income for the taxable year over two
million dollars and the denominator is fifty thousand dollars. This
subparagraph shall apply only to taxable years beginning on or after
January first, two thousand twelve and before January first, two
thousand twenty-one and for tax years beginning on or after January
first, two thousand twenty-eight.

(E) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 9.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B), and
(C) of this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over two million
dollars and the denominator is fifty thousand dollars. This subparagraph
shall apply only to the taxable years beginning on or after January
first, two thousand twenty-one and before January first, two thousand
twenty-eight.

(F) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.30 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B), (C)
and (E) of this paragraph. The fraction for this subparagraph is
computed as follows: the numerator is the lesser of fifty thousand
dollars or excess of New York adjusted gross income for the taxable year
over five million dollars and the denominator is fifty thousand dollars.
This subparagraph shall apply only to the taxable years beginning on or
after January first, two thousand twenty-one and before January first,
two thousand twenty-eight.

(G) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.90 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B), (C),
(E) and (F) of this paragraph. The fraction for this subparagraph is
computed as follows: the numerator is the lesser of fifty thousand
dollars or excess of New York adjusted gross income for the taxable year
over twenty-five million dollars and the denominator is fifty thousand
dollars. This subparagraph shall apply only to the taxable years
beginning on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.

(H) Provided, however, the total tax prior to the application of any
tax credits shall not exceed the highest rate of tax set forth in the
tax tables in subsection (a) of this section multiplied by the
taxpayer's taxable income.

(2) For resident heads of households, the supplemental tax shall be an
amount equal to the sum of the tax table benefits described in
subparagraphs (A), (B) and (C) of this paragraph multiplied by their
respective fractions in such subparagraphs. Furthermore, in making the
calculations described in these subparagraphs in taxable years beginning
after tax year two thousand seventeen, the applicable tax rates
specified in subparagraph (B) of paragraph one of subsection (b) of this
section shall be substituted for the rates referenced in these
subparagraphs.

(A) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 6.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this section.
The fraction for this subparagraph is computed as follows: the numerator
is the lesser of fifty thousand dollars or the excess of New York
adjusted gross income for the taxable year over one hundred thousand
dollars and the denominator is fifty thousand dollars.

(B) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this section
less the tax table benefit in subparagraph (A) of this paragraph. The
fraction for this subparagraph is computed as follows: the numerator is
the lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the taxable year over two hundred fifty thousand
dollars and the denominator is fifty thousand dollars. Provided,
however, this subparagraph shall not apply to taxpayers who are not
subject to the 6.85 percent tax rate.

(C) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(b) of this section not subject to the 8.82 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (b) of this section
less the sum of the tax table benefits in subparagraphs (A) and (B) of
this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or the
excess of New York adjusted gross income for the taxable year over one
million five hundred thousand dollars and the denominator is fifty
thousand dollars. This subparagraph shall apply only to taxable years
beginning on or after January first, two thousand twelve and before
January first, two thousand twenty-one and for tax years beginning on or
after January first, two thousand twenty-eight.

(D) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 9.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A) and (B) of
this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over one million
five hundred thousand dollars and the denominator is fifty thousand
dollars. This subparagraph shall apply only to the taxable years
beginning on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.

(E) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.30 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B) and (D)
of this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over five million
dollars and the denominator is fifty thousand dollars. This subparagraph
shall apply only to the taxable years beginning on or after January
first, two thousand twenty-one and before January first, two thousand
twenty-eight.

(F) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.90 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B), (D)
and (E) of this paragraph. The fraction for this subparagraph is
computed as follows: the numerator is the lesser of fifty thousand
dollars or excess of New York adjusted gross income for the taxable year
over twenty-five million dollars and the denominator is fifty thousand
dollars. This subparagraph shall apply only to the taxable years
beginning on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.

(G) Provided, however, the total tax prior to the application of any
tax credits shall not exceed the highest rate of tax set forth in the
tax tables in subsection (b) of this section multiplied by the
taxpayer's taxable income.

(3) For resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts, the
supplemental tax shall be an amount equal to the sum of the tax table
benefits described in subparagraphs (A), (B) and (C) of this paragraph
multiplied by their respective fractions in such subparagraphs.
Furthermore, in making the calculations described in these subparagraphs
in taxable years beginning after tax year two thousand seventeen, the
applicable tax rates specified in subparagraph (B) of paragraph one of
subsection (c) of this section shall be substituted for the rates
referenced in these subparagraphs.

(A) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(c) of this section not subject to the 6.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (c) of this section.
The fraction is computed as follows: the numerator is the lesser of
fifty thousand dollars or the excess of New York adjusted gross income
for the taxable year over one hundred thousand dollars and the
denominator is fifty thousand dollars.

(B) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(c) of this section not subject to the 6.85 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (c) of this section
less the tax table benefit in subparagraph (A) of this paragraph. The
fraction for this subparagraph is computed as follows: the numerator is
the lesser of fifty thousand dollars or the excess of New York adjusted
gross income for the taxable year over two hundred thousand dollars and
the denominator is fifty thousand dollars. Provided, however, this
subparagraph shall not apply to taxpayers who are not subject to the
6.85 percent tax rate.

(C) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(c) of this section not subject to the 8.82 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (c) of this section
less the sum of the tax table benefits in subparagraphs (A) and (B) of
this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or the
excess of New York adjusted gross income for the taxable year over one
million dollars and the denominator is fifty thousand dollars. This
subparagraph shall apply only to taxable years beginning on or after
January first, two thousand twelve and before January first, two
thousand twenty-one and for tax years beginning on or after January
first, two thousand twenty-eight.

(D) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 9.65 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A) and (B) of
this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over one million
five hundred thousand dollars and the denominator is fifty thousand
dollars. This subparagraph shall apply only to the taxable years
beginning on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.

(E) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.30 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B) and (D)
of this paragraph. The fraction for this subparagraph is computed as
follows: the numerator is the lesser of fifty thousand dollars or excess
of New York adjusted gross income for the taxable year over five million
dollars and the denominator is fifty thousand dollars. This subparagraph
shall apply only to the taxable years beginning on or after January
first, two thousand twenty-one and before January first, two thousand
twenty-eight.

(F) The tax table benefit is the difference between (i) the amount of
taxable income set forth in the tax table in paragraph one of subsection
(a) of this section not subject to the 10.90 percent rate of tax for the
taxable year multiplied by such rate and (ii) the dollar denominated tax
for such amount of taxable income set forth in the tax table applicable
to the taxable year in paragraph one of subsection (a) of this section
less the sum of the tax table benefits in subparagraphs (A), (B), (D)
and (E) of this paragraph. The fraction for this subparagraph is
computed as follows: the numerator is the lesser of fifty thousand
dollars or excess of New York adjusted gross income for the taxable year
over twenty-five million dollars and the denominator is fifty thousand
dollars. This subparagraph shall apply only to the taxable years
beginning on or after January first, two thousand twenty-one and before
January first, two thousand twenty-eight.

(G) Provided, however, the total tax prior to the application of any
tax credits shall not exceed the highest rate of tax set forth in the
tax tables in subsection (c) of this section multiplied by the
taxpayer's taxable income.

(d-2) Alternative tax table benefit recapture. Notwithstanding the
provisions of subsection (d) or (d-1) of this section, for taxable years
beginning on or after two thousand twenty-one and before two thousand
twenty-two, there is hereby imposed a supplemental tax in addition to
the tax imposed under subsections (a), (b) and (c) of this section for
the purpose of recapturing the benefit of the tax tables contained in
such subsections. During these taxable years, any reference in this
chapter to subsection (d) or (d-1) of this section shall be read as a
reference to this subsection.

(1) For resident married individuals filing joint returns and resident
surviving spouses:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$43,000 $161,550 $0 $474
$161,550 $323,200 $474 $582
$323,200 $2,155,350 $1,056 $1,680
$2,155,350 $5,000,000 $2,736 $60,350
$5,000,000 $25,000,000 $63,086 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$43,000 $161,550 New York adjusted gross income minus $107,650
$161,550 $323,200 New York adjusted gross income minus $161,550
$323,200 $2,155,350 New York adjusted gross income minus $323,200
$2,155,350 $5,000,000 New York adjusted gross income minus $2,155,350
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than forty-three thousand dollars, the
supplemental tax shall equal the difference between the product of 5.97
percent and New York taxable income and the tax table computation on the
New York taxable income set forth in paragraph one of subsection (a) of
this section, multiplied by a fraction, the numerator of which is the
lesser of fifty thousand dollars or New York adjusted gross income minus
one hundred seven thousand six hundred fifty dollars, and the
denominator of which is fifty thousand dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (a) of this section.

(2) For resident heads of households:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$107,650 $269,300 $0 $742
$269,300 $1,616,450 $742 $1,401
$1,616,450 $5,000,000 $2,143 $45,260
$5,000,000 $25,000,000 $47,403 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$107,650 $269,300 New York adjusted gross income minus $107,650
$269,300 $1,616,450 New York adjusted gross income minus $269,300
$1,616,450 $5,000,000 New York adjusted gross income minus $1,616,450
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than one hundred seven thousand six
hundred fifty dollars, the supplemental tax shall equal the difference
between the product of 6.33 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (b) of this section, multiplied by a
fraction, the numerator of which is the lesser of fifty thousand dollars
or New York adjusted gross income minus one hundred seven thousand six
hundred fifty dollars, and the denominator of which is fifty thousand
dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (b) of this section.

(3) For resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$80,650 $215,400 $0 $526
$215,400 $1,077,550 $526 $1,120
$1,077,550 $5,000,000 $1,646 $30,171
$5,000,000 $25,000,000 $31,817 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$80,650 $215,400 New York adjusted gross income minus $107,650
$215,400 $1,077,550 New York adjusted gross income minus $215,400
$1,077,550 $5,000,000 New York adjusted gross income minus $1,077,550
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than eighty thousand six hundred fifty
dollars, the supplemental tax shall equal the difference between the
product of 6.33 percent and New York taxable income and the tax table
computation on the New York taxable income set forth in paragraph one of
subsection (c) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or New York adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (c) of this section.

(d-3) Alternative tax table benefit recapture. Notwithstanding the
provisions of subsection (d), (d-1) or (d-2) of this section, for
taxable years beginning on or after two thousand twenty-two and before
two thousand twenty-three, there is hereby imposed a supplemental tax in
addition to the tax imposed under subsections (a), (b) and (c) of this
section for the purpose of recapturing the benefit of the tax tables
contained in such subsections. During these taxable years, any reference
in this chapter to subsection (d), (d-1) or (d-2) of this section shall
be read as a reference to this subsection.

(1) For resident married individuals filing joint returns and resident
surviving spouses:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$27,900 $161,550 $0 $430
$161,550 $323,200 $430 $646
$323,200 $2,155,350 $1,076 $1,940
$2,155,350 $5,000,000 $3,016 $60,349
$5,000,000 $25,000,000 $63,365 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$27,900 $161,550 New York adjusted gross income minus $107,650
$161,550 $323,200 New York adjusted gross income minus $161,550
$323,200 $2,155,350 New York adjusted gross income minus $323,200
$2,155,350 $5,000,000 New York adjusted gross income minus $2,155,350
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than twenty-seven thousand nine hundred
dollars, the supplemental tax shall equal the difference between the
product of 5.85 percent and New York taxable income and the tax table
computation on the New York taxable income set forth in paragraph one of
subsection (a) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or New York adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (a) of this section.

(2) For resident heads of households:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$107,650 $269,300 $0 $752
$269,300 $1,616,450 $752 $1,616
$1,616,450 $5,000,000 $2,368 $45,261
$5,000,000 $25,000,000 $47,629 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$107,650 $269,300 New York adjusted gross income minus $107,650
$269,300 $1,616,450 New York adjusted gross income minus $269,300
$1,616,450 $5,000,000 New York adjusted gross income minus $1,616,450
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than one hundred seven thousand six
hundred fifty dollars, the supplemental tax shall equal the difference
between the product of 6.25 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (b) of this section, multiplied by a
fraction, the numerator of which is the lesser of fifty thousand dollars
or New York adjusted gross income minus one hundred seven thousand six
hundred fifty dollars, and the denominator of which is fifty thousand
dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (b) of this section.

(3) For resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$80,650 $215,400 $0 $536
$215,400 $1,077,550 $536 $1,293
$1,077,550 $5,000,000 $1,829 $30,171
$5,000,000 $25,000,000 $32,000 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$80,650 $215,400 New York adjusted gross income minus $107,650
$215,400 $1,077,550 New York adjusted gross income minus $215,400
$1,077,550 $5,000,000 New York adjusted gross income minus $1,077,550
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than eighty thousand six hundred fifty
dollars, the supplemental tax shall equal the difference between the
product of 6.25 percent and New York taxable income and the tax table
computation on the New York taxable income set forth in paragraph one of
subsection (c) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or New York adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (c) of this section.

(d-4) Alternative tax table benefit recapture. Notwithstanding the
provisions of subsection (d), (d-1), (d-2) or (d-3) of this section, for
taxable years beginning on or after two thousand twenty-three and before
two thousand twenty-eight, there is hereby imposed a supplemental tax in
addition to the tax imposed under subsections (a), (b) and (c) of this
section for the purpose of recapturing the benefit of the tax tables
contained in such subsections. During these taxable years, any reference
in this chapter to subsection (d), (d-1), (d-2) or (d-3) of this section
shall be read as a reference to this subsection.

(1) For resident married individuals filing joint returns and resident
surviving spouses:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$27,900 $161,550 $0 $333
$161,550 $323,200 $333 $807
$323,200 $2,155,350 $1,140 $2,747
$2,155,350 $5,000,000 $3,887 $60,350
$5,000,000 $25,000,000 $64,237 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$27,900 $161,550 New York adjusted gross income minus $107,650
$161,550 $323,200 New York adjusted gross income minus $161,550
$323,200 $2,155,350 New York adjusted gross income minus $323,200
$2,155,350 $5,000,000 New York adjusted gross income minus $2,155,350
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than twenty-seven thousand nine hundred
dollars, the supplemental tax shall equal the difference between the
product of 5.50 percent and New York taxable income and the tax table
computation on the New York taxable income set forth in paragraph one of
subsection (a) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or New York adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (a) of this section.

(2) For resident heads of households:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$107,650 $269,300 $0 $787
$269,300 $1,616,450 $787 $2,289
$1,616,450 $5,000,000 $3,076 $45,261
$5,000,000 $25,000,000 $48,337 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$107,650 $269,300 New York adjusted gross income minus $107,650
$269,300 $1,616,450 New York adjusted gross income minus $269,300
$1,616,450 $5,000,000 New York adjusted gross income minus $1,616,450
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than one hundred seven thousand six
hundred fifty dollars, the supplemental tax shall equal the difference
between the product of 6.00 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (b) of this section, multiplied by a
fraction, the numerator of which is the lesser of fifty thousand dollars
or New York adjusted gross income minus one hundred seven thousand six
hundred fifty dollars, and the denominator of which is fifty thousand
dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (b) of this section.

(3) For resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts:

(A) If New York adjusted gross income is greater than $107,650, but
not over $25,000,000:

(i) the recapture base and incremental benefit shall be determined by
New York taxable income as follows:
Greater than Not over Recapture Base Incremental Benefit
$80,650 $215,400 $0 $568
$215,400 $1,077,550 $568 $1,831
$1,077,550 $5,000,000 $2,399 $30,172
$5,000,000 $25,000,000 $32,571 $32,500

(ii) the applicable amount shall be determined by New York taxable
income as follows:
Greater than Not over Applicable Amount
$80,650 $215,400 New York adjusted gross income minus $107,650
$215,400 $1,077,550 New York adjusted gross income minus $215,400
$1,077,550 $5,000,000 New York adjusted gross income minus $1,077,550
$5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000

(iii) the phase-in fraction shall be a fraction, the numerator of
which shall be the lesser of fifty thousand dollars or the applicable
amount and the denominator of which shall be fifty thousand dollars; and

(iv) the supplemental tax due shall equal the sum of the recapture
base and the product of (i) the incremental benefit and (ii) the
phase-in fraction. Provided, however, that if the New York taxable
income of the taxpayer is less than eighty thousand six hundred fifty
dollars, the supplemental tax shall equal the difference between the
product of 6.00 percent and New York taxable income and the tax table
computation on the New York taxable income set forth in paragraph one of
subsection (c) of this section, multiplied by a fraction, the numerator
of which is the lesser of fifty thousand dollars or New York adjusted
gross income minus one hundred seven thousand six hundred fifty dollars,
and the denominator of which is fifty thousand dollars.

(B) If New York adjusted gross income is greater than twenty-five
million dollars, the supplemental tax due shall equal the difference
between the product of 10.90 percent and New York taxable income and the
tax table computation on the New York taxable income set forth in
paragraph one of subsection (c) of this section.

(e) Nonresidents and part-year residents. (1) General. There is hereby
imposed for each taxable year on the taxable income which is derived
from sources in this state of every nonresident and part-year resident
individual and trust and every nonresident estate a tax which shall be
equal to the tax base multiplied by the New York source fraction.

(2) Tax base. The tax base is the tax computed under subsections (a)
through (d) of this section, as the case may be, reduced by the credits
permitted under subsections (b), (c), (d) and (m) of section six hundred
six, as if such nonresident or part-year resident individual, estate or
trust were a resident subject to the provisions of part II of this
article.

(3) New York source fraction. The New York source fraction is a
fraction the numerator of which is such individual's, estate's or
trust's New York source income determined in accordance with part III of
this article and the denominator of which is such individual's New York
adjusted gross income determined in accordance with part II of this
article or such estate's or trust's New York adjusted gross income
determined under paragraph four of this subsection.

(4) New York adjusted gross income of an estate or trust. New York
adjusted gross income of an estate or trust means its federal adjusted
gross income, determined under subsection (e) of section sixty-seven of
the internal revenue code, with the modifications provided in section
six hundred eighteen, other than that portion of the modification
provided in subsection three thereof which relates to section six
hundred fifteen.

(f) Partners and partnerships. A partnership as such shall not be
subject to tax under this article. Persons carrying on business as
partners shall be liable for tax under this article 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.

(g) 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 tax under this
article.

(h) 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 be exempt from tax under this article
(regardless of whether subject to federal and state income tax on
unrelated business taxable income).

(i) Cross references. For definitions of New York taxable income of:

(1) Resident individual, see section six hundred eleven.

(2) Resident estate or trust, see section six hundred eighteen.