20 CRR-NY 3-5.3NY-CRR
20 CRR-NY 3-5.3
20 CRR-NY 3-5.3
3-5.3 Fixed dollar minimum on a combined report.
Tax Law, ยง 210(1)(d)
(a) In the case of a combined report each corporation included in the combined report except:
(1) the corporation paying the combined tax; and
(2) any corporation described in subdivision (b) of this section; is required to pay the applicable fixed dollar minimum as described in section 3-5.1(a) of this Subpart. If the taxable period covered by the report, filed on a separate basis for each such taxpayer, is nine months or less, the fixed dollar minimum must be computed in accordance with section 3-5.2 of this Subpart. The corporation paying the combined tax will pay the fixed dollar minimum when the fixed dollar minimum results in a greater amount of tax than that computed on the combined entire net income base, the combined capital base or the combined minimum taxable income base. Such fixed dollar minimum shall be the specific amount determined pursuant to section 3-5.1(a) of this Subpart which is applicable to such corporation.
(b) A foreign corporation which is not a taxpayer (see sections 1-3.2, 1-3.3 and 1-3.4 of this Title) is not required to pay a fixed dollar minimum when included in a combined report.
20 CRR-NY 3-5.3
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.