Wednesday, January 25, 2012

New York State Rule Making for the week ended 1/25/12

New York State Rule Making 1/25/12:


NYS Rules 1-25-12


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Sunday, January 22, 2012

NYS Tax Law § 611 New York taxable Income of a Resident Individual

NYS Laws Article 22 - Personal Income Tax § 611 New York taxable income of a resident individual.

 § 611. New York taxable income of a resident individual. (a) General. The New York taxable income of a resident individual shall be his New York adjusted gross income less his New York deduction and New York exemptions, as determined under this part. (b) Husband and wife. (1) If the federal taxable income of husband or wife, both of whom are residents, is determined on a separate federal return, their New York taxable incomes shall be separately determined. (2) If the federal taxable income of husband and wife, both of whom are residents, is determined on a joint federal return, their New York taxable income shall be determined jointly. (3) If neither husband or wife, both of whom are residents, files a federal return: (A) their tax shall be determined on their joint New York taxable income, or (B) separate taxes may be determined on their separate New York taxable incomes if they both so elect. (4) If either husband or wife is a resident and the other is a nonresident or part-year resident, separate taxes shall be determined on their separate New York taxable incomes unless such husband and wife determine their federal taxable income jointly and both elect to determine their joint New York taxable income as if both were residents.


As of Read Date 1/22/12 ALL NYS TAX Laws subject to change and update and you must confirm as filing or relying.


The New York State Resident Return is the IT-201 (the long form) there is also a short form return, the IT-150. 



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Friday, January 20, 2012

NYS Laws / Partnerships - Existence of a Partnership & Partnership Property

New York State Laws / Partnerships:


PTR Partnership / Article 2 - Nature of a Partnership

Existence of a Partnership:

 §  11.  Rules  for  determining  the  existence of a partnership.   In
  determining whether a partnership exists, these rules shall apply:
    1. Except as provided by section  twenty-seven  persons  who  are  not
  partners as to each other are not partners as to third persons.
    2.  Joint tenancy, tenancy in common, tenancy by the entireties, joint
  property,  common  property,  or  part  ownership  does  not  of  itself
  establish  a  partnership, whether such co-owners do or do not share any
  profits made by the use of the property.
    3. The sharing of  gross  returns  does  not  of  itself  establish  a
  partnership,  whether  or  not  the persons sharing them have a joint or
  common right or interest in any property  from  which  the  returns  are
  derived.
    4.  The receipt by a person of a share of the profits of a business is
  prima facie evidence that he is a partner in the business, but  no  such
  inference shall be drawn if such profits were received in payment:
    (a) As a debt by installments or otherwise,
    (b) As wages of an employee or rent to a landlord,
    (c)  As  an  annuity  to  a  surviving  spouse  or representative of a
  deceased partner,
    (d) As interest on a loan, though the amount of payment vary with  the
  profits of the business,
    (e)  As  the consideration for the sale of the good-will of a business
  or other property by installments or otherwise.

Partnership Property:

§  12.  Partnership property.  1. All property originally brought into
  the  partnership  stock  or  subsequently  acquired,  by   purchase   or
  otherwise, on account of the partnership is partnership property.
    2.  Unless  the  contrary  intention  appears,  property acquired with
  partnership funds is partnership property.
    3. Any estate in real property may  be  acquired  in  the  partnership
  name. Title so acquired can be conveyed only in the partnership name.
    4.  A  conveyance  to  a  partnership  in the partnership name, though
  without words of inheritance, passes the entire estate  of  the  grantor
  unless a contrary intent appears.



Note:  Citation as of Read Date 1/20/12 - ALL NYS Laws must be confirmed for current validity as relying or implementing and are best covered with the support of an Attorney. That Stated the Accounting Basis of Partnerships is rooted in Tax and other Laws so it is helpful to understand the Legal Basis Definition of a Partnership as generally defined starting point for Partnership Accounting.



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Tuesday, January 17, 2012

New NYS Rules and Notices week ended 1/18/12

Updates for Week Ended 1/18/12 form New York State:



1-18-12



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Wednesday, January 11, 2012

NYS Rules 1-12-12

Keeping up to date with the Executive Branch, Departments and Agencies in New York State:

NYS Rules for week ended 1-12-12





NYS Rules 1-11-12



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Saturday, January 7, 2012

NYS Executive Branch Rule Making 1-4-12

Keeping current with NYS Executive Branch Updates at 1-4-12:

Checking in with NYS Rulemaking for 2012 updates- Happy New Year 2012! in a light edition format.







1-4-12 NYS Rules