§ 605. General provisions and definitions. (a) Accounting periods and
methods. (1) Accounting periods. A taxpayer's taxable year under this
article shall be the same as his taxable year for federal income tax
purposes.

(2) Change of accounting periods. If a taxpayer's taxable year is
changed for federal income tax purposes, his taxable year for purposes
of this article shall be similarly changed. If a taxable year of less
than twelve months results from a change of taxable year, the New York
standard deduction and the New York exemptions shall be prorated under
regulations of the tax commission.

(3) Accounting methods. A taxpayer's method of accounting under this
article shall be the same as his method of accounting for federal income
tax purposes. In the absence of any method of accounting for federal
income tax purposes, New York taxable income shall be computed under
such method as in the opinion of the tax commission clearly reflects
income.

(4) Change of accounting methods. (A) If a taxpayer's method of
accounting is changed for federal income tax purposes, his method of
accounting for purposes of this article shall be similarly changed.

(B) If a taxpayer's method of accounting is changed, other than from
an accrual to an installment method, any additional tax which results
from adjustments determined to be necessary solely by reason of the
change shall not be greater than if such adjustments were ratably
allocated and included for the taxable year of the change and the
preceding taxable years, not in excess of two, during which the taxpayer
used the method of accounting from which the change is made.

(C) If a taxpayer's method of accounting is changed from an accrual to
an installment method, any additional tax for the year of such change of
method and for any subsequent year which is attributable to the receipt
of installment payments properly accrued in a prior year, shall be
reduced by the portion of tax for any prior taxable year attributable to
the accrual of such installment payments, in accordance with regulations
of the tax commission.

(b) Resident, nonresident and part-year resident defined. (1) Resident
individual. A resident individual means an individual: (A) who is
domiciled in this state, unless (i) the taxpayer maintains no permanent
place of abode in this state, maintains a permanent place of abode
elsewhere, and spends in the aggregate not more than thirty days of the
taxable year in this state, or (ii) (I) within any period of five
hundred forty-eight consecutive days the taxpayer is present in a
foreign country or countries for at least four hundred fifty days, and
(II) during the period of five hundred forty-eight consecutive days the
taxpayer, the taxpayer's spouse (unless the spouse is legally separated)
and the taxpayer's minor children are not present in this state for more
than ninety days, and (III) during the nonresident portion of the
taxable year with or within which the period of five hundred forty-eight
consecutive days begins and the nonresident portion of the taxable year
with or within which the period ends, the taxpayer is present in this
state for a number of days which does not exceed an amount which bears
the same ratio to ninety as the number of days contained in that portion
of the taxable year bears to five hundred forty-eight, or

(B) who maintains a permanent place of abode in this state and spends
in the aggregate more than one hundred eighty-three days of the taxable
year in this state, whether or not domiciled in this state for any
portion of the taxable year, unless such individual is in active service
in the armed forces of the United States.

(2) Nonresident individual. A nonresident individual means an
individual who is not a resident or a part-year resident.

(3) Resident estate or trust. A resident estate or trust means:

(A) the estate of a decedent who at his death was domiciled in this
state,

(B) a trust, or a portion of a trust, consisting of property
transferred by will of a decedent who at his death was domiciled in this
state, or

(C) a trust, or portion of a trust, consisting of the property of:

(i) a person domiciled in this state 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

(ii) a person domiciled in this state 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.

(D) (i) Provided, however, a resident trust is not subject to tax
under this article if all of the following conditions are satisfied:

(I) all the trustees are domiciled in a state other than New York;

(II) the entire corpus of the trusts, including real and tangible
property, is located outside the state of New York; and

(III) all income and gains of the trust are derived from or connected
with sources outside of the state of New York, determined as if the
trust were a non-resident trust.

(ii) For purposes of item (II) of clause (i) of this subparagraph,
intangible property shall be located in this state if one or more of the
trustees are domiciled in the state of New York.

(iii) Provided further, that for the purposes of item (I) of clause
(i) of this subparagraph, a trustee which is a banking corporation as
defined in subsection (a) of section fourteen hundred fifty-two of this
chapter, as such section was in effect on December thirty-first, two
thousand fourteen, and which is domiciled outside the state of New York
at the time it becomes a trustee of the trust shall be deemed to
continue to be a trustee domiciled outside the state of New York
notwithstanding that it thereafter otherwise becomes a trustee domiciled
in the state of New York by virtue of being acquired by, or becoming an
office or branch of, a corporate trustee domiciled within the state of
New York.

For the purposes of the foregoing, a trust or 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.

(4) Nonresident estate or trust. (A) A nonresident estate means an
estate which is not a resident.

(B) A nonresident trust means a trust which is not a resident or
part-year resident.

(5) Part-year resident individual. A part-year resident individual is
an individual who is not a resident or nonresident for the entire
taxable year.

(6) Part-year resident trust. A part-year resident trust is a trust
which is not a resident or nonresident for the entire taxable year.

(c) Tax treatment of charitable contributions for determining
domicile. Notwithstanding any other provision of any other law to the
contrary, the making of a financial contribution, gift, bequest,
donation or any other financial instrument or pledge in any amount or
the donation or loan of any object of any value, or the volunteering,
giving or donation of uncompensated time, or any combination of the
foregoing, considered a charitable contribution under subsection (c) of
section one hundred seventy of the internal revenue code, or to a
not-for-profit organization, as defined in subdivision seven of section
one hundred seventy-nine-q of the state finance law, shall not be used
in any manner to determine where an individual is domiciled.