20 CRR-NY 3-1.3NY-CRR
20 CRR-NY 3-1.3
20 CRR-NY 3-1.3
3-1.3 Computation of tax on a combined report.
Tax Law, § 211(4)
(a) Where a group of corporations, other than a group described in section 6-2.5(d) of this Title, is required or permitted to report on a combined basis, such group is required to pay:
(1) a tax computed by one of the four bases set forth in this paragraph and must pay whichever results in the greatest tax:
(i) a tax measured by the combined entire net income base (see Subpart 3-2 of this Part—Tax Measured by the Entire Net Income Base);
(ii) a tax measured by the combined capital base (see Subpart 3-3 of this Part—Tax Measured by the Capital Base);
(iii) a tax measured by the combined minimum taxable income base (see Subpart 3-4 of this Part—Tax Measured by the Minimum Taxable Income Base); or
(iv) a tax measured by the fixed dollar minimum that is attributable to the corporation paying the combined tax (see Subpart 3-5 of this Part—Tax Measured by the Fixed Dollar Minimum); plus
(2) a tax measured by the combined subsidiary capital base, if any (see Subpart 3-6 of this Part—Tax Measured by the Subsidiary Capital Base).
(b) Where a group of corporations described in section 6-2.5(d) of this Title is required or permitted to report on a combined basis, such group is required to pay:
(1) the higher of the amounts of tax measured by the combined entire net income base (see Subpart 3-2 of this Part—Tax Measured by the Entire Net Income Base) or the fixed dollar minimum attributable to the corporation paying the combined tax (see Subpart 3-5 of this Part—Tax Measured by the Fixed Dollar Minimum), other than the amount prescribed in section 3-5.1(a)(4) of this Part, reduced by
(2) the “article twenty-two tax equivalent”, as defined in section 210(1)(g)(2) of the Tax Law, except that such amount is computed on the combined entire net income base. The amount thus determined may not be less than the amount prescribed by section 3-5.1(a)(3) of this Part, except with respect to the provisions of section 3-5.2 of this Part.
(c) In computing the combined entire net income base or the combined capital base or the combined minimum taxable income base or the combined subsidiary capital base, the entire net income, capital, minimum taxable income and subsidiary capital of each corporation included in the combined report must be reflected in the computations.
(d) In addition, each taxpayer included in the combined report is required to pay the applicable fixed dollar minimum as described in section 3-5.1(2) of this Part (other than the amount prescribed in paragraph [4] of such subdivision for New York S corporations). If the taxable period of any taxpayer included in the report is nine months or less, the fixed dollar minimum of such taxpayer must be computed in accordance with section 3-5.2 of this Part. A foreign corporation that is not a taxpayer (see sections 1-3.2, 1-3.3 and 1-3.4 of this Title) is not required to pay the fixed dollar minimum.
20 CRR-NY 3-1.3
Current through February 28, 2023
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.