20 CRR-NY 16-1.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 20. DEPARTMENT OF TAXATION AND FINANCE
CHAPTER I. FRANCHISE AND CERTAIN BUSINESS TAXES
SUBCHAPTER B. FRANCHISE TAX ON BANKING CORPORATIONS
PART 16. IMPOSITION OF TAX
SUBPART 16-1. INTRODUCTION
20 CRR-NY 16-1.2
20 CRR-NY 16-1.2
16-1.2 Amount of tax.
Tax Law, §§ 1453, 1455
(a) Article 32 of the Tax Law imposes a tax which is the greater of the “basic tax” or the “ alternative minimum tax.” The basic tax is measured by “entire net income,” which is the same as the Federal taxable income which the taxpayer is required to report to the United States Department of the Treasury, with certain adjustments, and is imposed at the rate of nine percent on entire net income, or portion thereof allocated to New York State. (See Subpart 18-2 of this Title -Basic Tax, Measured by Entire Net Income.) The alternative minimum tax is measured by the greatest of three bases and is the tax when such alternative minimum tax results in a tax greater than the basic tax. The bases for computing the alternative minimum tax are:
(1) 0.1 of a mill (except as described in subdivision [b] of this section) upon each dollar of taxable assets, or portion thereof allocated to New York State (see Subpart 18-5 of this Title - Alternative Minimum Tax Measured by Taxable Assets);
(2) three percent of alternative entire net income, or portion thereof allocated to New York State (see Subpart 18-4 of this Title - Alternative Minimum Tax Measured by Alternative Entire Net Income); and
(3) $250 (see Subpart 18-6 of this Title - Alternative Minimum Tax Measured by the Fixed Minimum Amount).
(b) In certain cases, the alternative minimum tax measured by taxable assets is imposed at the rate of 0.04 of a mill or 0.02 of a mill upon each dollar of taxable assets, or portion thereof allocated to New York State. A taxpayer which has an outstanding net worth certificate issued to the Federal Deposit Insurance Corporation or to the Federal Savings and Loan Insurance Corporation is not subject to the alternative minimum tax measured by taxable assets for that portion of the taxable year in which such certificate is outstanding. (See section 18-5.1 of this Title - Computation of the alternative minimum tax measured by taxable assets.)
20 CRR-NY 16-1.2
Current through February 28, 2023
End of Document

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.