New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter I - Franchise and Certain Business Taxes
Subchapter A - Business Corporation Franchise Tax
Part 1 - IMPOSITION OF TAX
Subpart 1-2 - CORPORATIONS SUBJECT TO TAX
Section 1-2.9 - Activities deemed insufficient to subject foreign corporations to tax
Universal Citation: 20 NY Comp Codes Rules and Regs ยง 1-2.9
Current through Register Vol. 46, No. 12, March 20, 2024
Tax Law, section 209(2) and (2-a)
(a) A foreign corporation will not be subject to tax under article 9-A because of the activities specified in paragraphs (1) through (10) of this subdivision, provided the corporation is not otherwise doing business, employing capital, owning or leasing property in a corporate or organized capacity, maintaining an office or deriving receipts from activity in New York State.
(1) the maintenance of cash
balances with banks or trust companies in New York State;
(2) the ownership of shares of stock or
securities kept in New York State in a safe deposit box, safe, vault or other
receptacle rented for this purpose, or if pledged as collateral security, or if
deposited in safekeeping or custody accounts with one or more banks or trust
companies, or brokers who are members of a recognized security
exchange;
(3) the taking of any
action by any such bank or trust company or broker that is incidental to the
rendering of safekeeping or custodian service to such corporation;
(4) the maintenance of an office in New York
State by one or more officers or directors of the corporation who are not
employees of the corporation;
(5)
the keeping of books or records of a corporation in New York State, if such
books or records are not kept by employees of such corporation;
(6) the participation in a trade show or
shows, regardless of whether the corporation has employees or other staff
present at such trade shows, provided the corporation's activity at the trade
show is limited to displaying goods or promoting services, no sales are made,
any orders received are sent outside New York State for acceptance or rejection
and are filled from outside New York State, and provided that such
participation is for not more than 14 days, or part thereof, in the aggregate
during the corporation's taxable year for Federal income tax
purposes;
(7) the mere acquisition
of one or more security interests in real or tangible personal property located
in New York State;
(8) the mere
acquisition of title to property located in New York State through the
foreclosure of a security interest;
(9) the mere holding of meetings of the board
of directors in New York State, where such directors are not employees of the
corporation; or
(10) any
combination of the foregoing activities.
(b)
(1) An
alien corporation will not be deemed to be doing business, employing capital,
owning or leasing property in a corporate or organized capacity, maintaining an
office or deriving receipts from activity in New York State if its activities
in New York State are limited solely to investing or trading for its own
account in:
(i) stocks and securities within
the meaning of IRC section 864(b)(2)(A)(ii); or
(ii) commodities within the meaning of IRC
section 864(b)(2)(B)(ii); or
(iii)
any combination of stocks, securities and commodities described in (i) and
(ii).
(2) An alien
corporation that under any provision of the IRC is not treated as a domestic
corporation as defined in IRC section 7701 and does not have effectively
connected income for the taxable year will not be subject to tax under article
9-A.
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