§ 601. Imposition of tax. (a) Resident married individuals filing joint returns and resident surviving spouses. There is hereby imposed for each taxable year on the New York taxable income of every resident married individual who makes a single return jointly with his spouse under subsection (b) of section six hundred fifty-one and on the New York taxable income of every resident surviving spouse a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $300,000 $1,946 plus 6.85% of excess over $40,000 Over $300,000 but not over $500,000 $19,756 plus 7.85% of excess over $300,000 Over $500,000 $35,456 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 $1,946 plus 6.85% of excess over $40,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.25% of excess over $150,000 Over $500,000 $34,856 plus 7.7% of excess over $500,000(4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.375% of excess over $150,000 Over $500,000 $35,294 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.5% of excess over $150,000 Over $500,000 $35,731 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 $1,946 plus 6.85% of excess over $40,000 (7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $16,000 $440 plus 5% of excess over$11,000 Over $16,000 but not over $22,000 $690 plus 6% of excess over $16,000 Over $22,000 $1,050 plus 7% of excess over $22,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $13,000 4.55% of the New York taxable income Over $13,000 but not over $19,000 $592 plus 5.55% of excess over $13,000 Over $19,000 but not over $25,000 $925 plus 6.55% of excess over $19,000 Over $25,000 $1,318 plus 7.5% of excess over $25,000 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $16,000 $440 plus 5% of excess over $11,000 Over $16,000 but not over $22,000 $690 plus 6% of excess over $16,000 Over $22,000 but not over $26,000 $1,050 plus 7% of excess over $22,000 Over $26,000 $1,330 plus 7.875% of excess over $26,000 (b) Resident heads of households. There is hereby imposed for each taxable year on the New York taxable income of every resident head of a household a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $250,000 $1,492 plus 6.85% of excess over $30,000 Over $250,000 but not over $500,000 $16,562 plus 7.85% of excess over $250,000 Over $500,000 $36,187 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven:If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 $1,492 plus 6.85% of excess over $30,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.25% of excess over $125,000 Over $500,000 $35,187 plus 7.7% of excess over $500,000 (4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.375% of excess over $125,000 Over $500,000 $35,656 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over$17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.5% of excess over $125,000 Over $500,000 $36,125 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 $1,492 plus 6.85% of excess over $30,000 (7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $7,500 4% of the New York taxable income Over $7,500 but not over $11,000 $300 plus 5% of excess over $7,500 Over $11,000 but not over $15,000 $475 plus 6% of excess over $11,000 Over $15,000 $ 715 plus 7% of excess over $15,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $9,000 4.55% of the New York taxable income Over $9,000 but not over $14,000 $410 plus 5.55% of excess over $9,000 Over $14,000 but not over $19,000 $687 plus 6.55% of excess over $14,000 Over $19,000 $1,015 plus 7.5% of excess over $19,000 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $7,500 4% of the New York taxable income Over $7,500 but not over $11,000 $300 plus 5% of excess over $7,500 Over $11,000 but not over $15,000 $475 plus 6% of excess over $11,000 Over $15,000 but not over $17,000 $715 plus 7% of excess over$15,000 Over $17,000 $855 plus 7.875% of excess over $17,000 (c) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. There is hereby imposed for each taxable year on the New York taxable income of every resident individual who is not a married individual who makes a single return jointly with his spouse under subsection (b) of section six hundred fifty-one or a resident head of a household or a resident surviving spouse, and on the New York taxable income of every resident estate and trust a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $200,000 $973 plus 6.85% of excess over $20,000 Over $200,000 but not over $500,000 $13,303 plus 7.85% of excess over $200,000 Over $500,000 $36,853 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 $973 plus 6.85% of excess over $20,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over$13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.25% of excess over $100,000 Over $500,000 $35,453 plus 7.7% of excess over $500,000 (4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.375% of excess over $100,000 Over $500,000 $35,953 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.5% of excess over $100,000 Over $500,000 $36,453 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 $973 plus 6.85% of excess over $20,000(7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $5,500 4% of the New York taxable income Over $5,500 but not over $8,000 $220 plus 5% of excess over $5,500 Over $8,000 but not over $11,000 $345 plus 6% of excess over $8,000 Over $11,000 $525 plus 7% of excess over $11,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $6,500 4.55% of the New York taxable income Over $6,500 but not over $9,500 $296 plus 5.55% of excess over $6,500 Over $9,500 but not over $12,500 $462 plus 6.55% of excess over $9,500 Over $12,500 $659 plus 7.5% of excess over $12,500 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $5,500 4% of the New York taxable income Over $5,500 but not over $8,000 $220 plus 5% of excess over $5,500 Over $8,000 but not over $11,000 $345 plus 6% of excess over $8,000 Over $11,000 but not over $13,000 $525 plus 7% of excess over $11,000 Over $13,000 $665 plus 7.875% of excess over $13,000 (d) Tax table benefit recapture. For taxable years beginning after nineteen hundred ninety, there is hereby imposed a supplemental tax in addition to the tax imposed under subsections (a), (b) and (c) of this section for the purpose of recapturing the benefit of the tax tables contained in such subsections or section six hundred ninety-nine of this article, as the case may be. The supplemental tax shall be an amount equal to the sum of the tax table benefits in paragraphs one, two and three of this subsection multiplied by their respective fractions in such paragraphs provided, however, that paragraph two of this subsection shall not apply to taxpayers that are not subject to the second highest rate of tax. (1) Resident married individuals filing joint returns, resident surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c), of this section, as the case may be, or insection six hundred ninety-nine, as the case may be, not subject to the 6.85 percent rate of tax for the taxable year multiplied by such rate and (ii) the dollar denominated tax for such amount of taxable income set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, or section six hundred ninety-nine, as the case may be. (B) The fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over one hundred thousand dollars and the denominator is fifty thousand dollars. (2) Resident married individuals filing joint returns, surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c) of this section, as the case may be, not subject to the second highest rate of tax for the taxable year multiplied by such rate and (ii) the second highest dollar denominated tax for such amount of taxable income set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, less the tax table benefit in paragraph one of this subsection. (B) For taxable years beginning after two thousand two and before two thousand six, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over one hundred fifty thousand dollars and the denominator is fifty thousand dollars. For taxable years beginning after two thousand eight and before two thousand twelve, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over three hundred thousand dollars and the denominator is fifty thousand dollars. (C) This paragraph shall only apply to taxable years beginning after two thousand two and before two thousand six and after two thousand eight and before two thousand twelve. (3) Resident married individuals filing joint returns, surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c) of this section, as the case may be, not subject to the highest rate of tax for the taxable year multiplied by such rate and (ii) the highest dollar denominated tax set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, less the sum of the tax table benefits in paragraphs one and two of this subsection. (B) For such taxpayers with adjusted gross income over five hundred thousand dollars, for taxable years beginning after two thousand eight and before two thousand twelve, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over five hundred thousand dollars and the denominator is fifty thousand dollars. Provided, however, that the total tax prior to the application of any tax credits shall not exceed the highest rate of tax set forth in the tax table in subsection (a) of this section multiplied by the taxpayer's taxable income.(C) This paragraph shall only apply to taxable years beginning after two thousand two and before two thousand six and after two thousand eight and before two thousand twelve. (e) Nonresidents and part-year residents. (1) General. There is hereby imposed for each taxable year on the taxable income which is derived from sources in this state of every nonresident and part-year resident individual and trust and every nonresident estate a tax which shall be equal to the tax base multiplied by the New York source fraction. (2) Tax base. The tax base is the tax computed under subsections (a) through (d) of this section, as the case may be, reduced by the credits permitted under subsections (b), (c), (d) and (m) of section six hundred six, as if such nonresident or part-year resident individual, estate or trust were a resident subject to the provisions of part II of this article. (3) New York source fraction. The New York source fraction is a fraction the numerator of which is such individual's, estate's or trust's New York source income determined in accordance with part III of this article and the denominator of which is such individual's New York adjusted gross income determined in accordance with part II of this article or such estate's or trust's New York adjusted gross income determined under paragraph four of this subsection. (4) New York adjusted gross income of an estate or trust. New York adjusted gross income of an estate or trust means its federal adjusted gross income, determined under subsection (e) of section sixty-seven of the internal revenue code, with the modifications provided in section six hundred eighteen, other than that portion of the modification provided in subsection three thereof which relates to section six hundred fifteen. (f) Partners and partnerships. A partnership as such shall not be subject to tax under this article. Persons carrying on business as partners shall be liable for tax under this article only in their separate or individual capacities. As used in this article, the term "partnership" shall include, unless a different meaning is clearly required, a subchapter K limited liability company. The term "subchapter K limited liability company" shall mean a limited liability company classified as a partnership for federal income tax purposes. The term "limited liability company" means a domestic limited liability company or a foreign limited liability company, as defined in section one hundred two of the limited liability company law, a limited liability investment company formed pursuant to section five hundred seven of the banking law, or a limited liability trust company formed pursuant to section one hundred two-a of the banking law. (g) Associations taxable as corporations. An association, trust or other unincorporated organization which is taxable as a corporation for federal income tax purposes shall not be subject to tax under this article. (h) Exempt trusts and organizations. A trust or other unincorporated organization which by reason of its purposes or activities is exempt from federal income tax shall be exempt from tax under this article (regardless of whether subject to federal and state income tax on unrelated business taxable income). (i) Cross references. For definitions of New York taxable income of: (1) Resident individual, see section six hundred eleven. (2) Resident estate or trust, see section six hundred eighteen.
§ 601. Imposition of tax. (a) Resident married individuals filing joint returns and resident surviving spouses. There is hereby imposed for each taxable year on the New York taxable income of every resident married individual who makes a single return jointly with his spouse under subsection (b) of section six hundred fifty-one and on the New York taxable income of every resident surviving spouse a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $300,000 $1,946 plus 6.85% of excess over $40,000 Over $300,000 but not over $500,000 $19,756 plus 7.85% of excess over $300,000 Over $500,000 $35,456 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 $1,946 plus 6.85% of excess over $40,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.25% of excess over $150,000 Over $500,000 $34,856 plus 7.7% of excess over $500,000(4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.375% of excess over $150,000 Over $500,000 $35,294 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.5% of excess over $150,000 Over $500,000 $35,731 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 $1,946 plus 6.85% of excess over $40,000 (7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $16,000 $440 plus 5% of excess over$11,000 Over $16,000 but not over $22,000 $690 plus 6% of excess over $16,000 Over $22,000 $1,050 plus 7% of excess over $22,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $13,000 4.55% of the New York taxable income Over $13,000 but not over $19,000 $592 plus 5.55% of excess over $13,000 Over $19,000 but not over $25,000 $925 plus 6.55% of excess over $19,000 Over $25,000 $1,318 plus 7.5% of excess over $25,000 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $16,000 $440 plus 5% of excess over $11,000 Over $16,000 but not over $22,000 $690 plus 6% of excess over $16,000 Over $22,000 but not over $26,000 $1,050 plus 7% of excess over $22,000 Over $26,000 $1,330 plus 7.875% of excess over $26,000 (b) Resident heads of households. There is hereby imposed for each taxable year on the New York taxable income of every resident head of a household a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $250,000 $1,492 plus 6.85% of excess over $30,000 Over $250,000 but not over $500,000 $16,562 plus 7.85% of excess over $250,000 Over $500,000 $36,187 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven:If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 $1,492 plus 6.85% of excess over $30,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.25% of excess over $125,000 Over $500,000 $35,187 plus 7.7% of excess over $500,000 (4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.375% of excess over $125,000 Over $500,000 $35,656 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over$17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.5% of excess over $125,000 Over $500,000 $36,125 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 $1,492 plus 6.85% of excess over $30,000 (7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $7,500 4% of the New York taxable income Over $7,500 but not over $11,000 $300 plus 5% of excess over $7,500 Over $11,000 but not over $15,000 $475 plus 6% of excess over $11,000 Over $15,000 $ 715 plus 7% of excess over $15,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $9,000 4.55% of the New York taxable income Over $9,000 but not over $14,000 $410 plus 5.55% of excess over $9,000 Over $14,000 but not over $19,000 $687 plus 6.55% of excess over $14,000 Over $19,000 $1,015 plus 7.5% of excess over $19,000 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $7,500 4% of the New York taxable income Over $7,500 but not over $11,000 $300 plus 5% of excess over $7,500 Over $11,000 but not over $15,000 $475 plus 6% of excess over $11,000 Over $15,000 but not over $17,000 $715 plus 7% of excess over$15,000 Over $17,000 $855 plus 7.875% of excess over $17,000 (c) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. There is hereby imposed for each taxable year on the New York taxable income of every resident individual who is not a married individual who makes a single return jointly with his spouse under subsection (b) of section six hundred fifty-one or a resident head of a household or a resident surviving spouse, and on the New York taxable income of every resident estate and trust a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $200,000 $973 plus 6.85% of excess over $20,000 Over $200,000 but not over $500,000 $13,303 plus 7.85% of excess over $200,000 Over $500,000 $36,853 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 $973 plus 6.85% of excess over $20,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over$13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.25% of excess over $100,000 Over $500,000 $35,453 plus 7.7% of excess over $500,000 (4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.375% of excess over $100,000 Over $500,000 $35,953 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.5% of excess over $100,000 Over $500,000 $36,453 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 $973 plus 6.85% of excess over $20,000(7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $5,500 4% of the New York taxable income Over $5,500 but not over $8,000 $220 plus 5% of excess over $5,500 Over $8,000 but not over $11,000 $345 plus 6% of excess over $8,000 Over $11,000 $525 plus 7% of excess over $11,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $6,500 4.55% of the New York taxable income Over $6,500 but not over $9,500 $296 plus 5.55% of excess over $6,500 Over $9,500 but not over $12,500 $462 plus 6.55% of excess over $9,500 Over $12,500 $659 plus 7.5% of excess over $12,500 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $5,500 4% of the New York taxable income Over $5,500 but not over $8,000 $220 plus 5% of excess over $5,500 Over $8,000 but not over $11,000 $345 plus 6% of excess over $8,000 Over $11,000 but not over $13,000 $525 plus 7% of excess over $11,000 Over $13,000 $665 plus 7.875% of excess over $13,000 (d) Tax table benefit recapture. For taxable years beginning after nineteen hundred ninety, there is hereby imposed a supplemental tax in addition to the tax imposed under subsections (a), (b) and (c) of this section for the purpose of recapturing the benefit of the tax tables contained in such subsections or section six hundred ninety-nine of this article, as the case may be. The supplemental tax shall be an amount equal to the sum of the tax table benefits in paragraphs one, two and three of this subsection multiplied by their respective fractions in such paragraphs provided, however, that paragraph two of this subsection shall not apply to taxpayers that are not subject to the second highest rate of tax. (1) Resident married individuals filing joint returns, resident surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c), of this section, as the case may be, or insection six hundred ninety-nine, as the case may be, not subject to the 6.85 percent rate of tax for the taxable year multiplied by such rate and (ii) the dollar denominated tax for such amount of taxable income set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, or section six hundred ninety-nine, as the case may be. (B) The fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over one hundred thousand dollars and the denominator is fifty thousand dollars. (2) Resident married individuals filing joint returns, surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c) of this section, as the case may be, not subject to the second highest rate of tax for the taxable year multiplied by such rate and (ii) the second highest dollar denominated tax for such amount of taxable income set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, less the tax table benefit in paragraph one of this subsection. (B) For taxable years beginning after two thousand two and before two thousand six, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over one hundred fifty thousand dollars and the denominator is fifty thousand dollars. For taxable years beginning after two thousand eight and before two thousand twelve, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over three hundred thousand dollars and the denominator is fifty thousand dollars. (C) This paragraph shall only apply to taxable years beginning after two thousand two and before two thousand six and after two thousand eight and before two thousand twelve. (3) Resident married individuals filing joint returns, surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c) of this section, as the case may be, not subject to the highest rate of tax for the taxable year multiplied by such rate and (ii) the highest dollar denominated tax set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, less the sum of the tax table benefits in paragraphs one and two of this subsection. (B) For such taxpayers with adjusted gross income over five hundred thousand dollars, for taxable years beginning after two thousand eight and before two thousand twelve, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over five hundred thousand dollars and the denominator is fifty thousand dollars. Provided, however, that the total tax prior to the application of any tax credits shall not exceed the highest rate of tax set forth in the tax table in subsection (a) of this section multiplied by the taxpayer's taxable income.(C) This paragraph shall only apply to taxable years beginning after two thousand two and before two thousand six and after two thousand eight and before two thousand twelve. (e) Nonresidents and part-year residents. (1) General. There is hereby imposed for each taxable year on the taxable income which is derived from sources in this state of every nonresident and part-year resident individual and trust and every nonresident estate a tax which shall be equal to the tax base multiplied by the New York source fraction. (2) Tax base. The tax base is the tax computed under subsections (a) through (d) of this section, as the case may be, reduced by the credits permitted under subsections (b), (c), (d) and (m) of section six hundred six, as if such nonresident or part-year resident individual, estate or trust were a resident subject to the provisions of part II of this article. (3) New York source fraction. The New York source fraction is a fraction the numerator of which is such individual's, estate's or trust's New York source income determined in accordance with part III of this article and the denominator of which is such individual's New York adjusted gross income determined in accordance with part II of this article or such estate's or trust's New York adjusted gross income determined under paragraph four of this subsection. (4) New York adjusted gross income of an estate or trust. New York adjusted gross income of an estate or trust means its federal adjusted gross income, determined under subsection (e) of section sixty-seven of the internal revenue code, with the modifications provided in section six hundred eighteen, other than that portion of the modification provided in subsection three thereof which relates to section six hundred fifteen. (f) Partners and partnerships. A partnership as such shall not be subject to tax under this article. Persons carrying on business as partners shall be liable for tax under this article only in their separate or individual capacities. As used in this article, the term "partnership" shall include, unless a different meaning is clearly required, a subchapter K limited liability company. The term "subchapter K limited liability company" shall mean a limited liability company classified as a partnership for federal income tax purposes. The term "limited liability company" means a domestic limited liability company or a foreign limited liability company, as defined in section one hundred two of the limited liability company law, a limited liability investment company formed pursuant to section five hundred seven of the banking law, or a limited liability trust company formed pursuant to section one hundred two-a of the banking law. (g) Associations taxable as corporations. An association, trust or other unincorporated organization which is taxable as a corporation for federal income tax purposes shall not be subject to tax under this article. (h) Exempt trusts and organizations. A trust or other unincorporated organization which by reason of its purposes or activities is exempt from federal income tax shall be exempt from tax under this article (regardless of whether subject to federal and state income tax on unrelated business taxable income). (i) Cross references. For definitions of New York taxable income of: (1) Resident individual, see section six hundred eleven. (2) Resident estate or trust, see section six hundred eighteen.
§ 601. Imposition of tax. (a) Resident married individuals filing joint returns and resident surviving spouses. There is hereby imposed for each taxable year on the New York taxable income of every resident married individual who makes a single return jointly with his spouse under subsection (b) of section six hundred fifty-one and on the New York taxable income of every resident surviving spouse a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $300,000 $1,946 plus 6.85% of excess over $40,000 Over $300,000 but not over $500,000 $19,756 plus 7.85% of excess over $300,000 Over $500,000 $35,456 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 $1,946 plus 6.85% of excess over $40,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.25% of excess over $150,000 Over $500,000 $34,856 plus 7.7% of excess over $500,000(4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.375% of excess over $150,000 Over $500,000 $35,294 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over $40,000 Over $150,000 but not over $500,000 $9,481 plus 7.5% of excess over $150,000 Over $500,000 $35,731 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $16,000 4% of the New York taxable income Over $16,000 but not over $22,000 $640 plus 4.5% of excess over $16,000 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over $22,000 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over $26,000 Over $40,000 $1,946 plus 6.85% of excess over $40,000 (7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $16,000 $440 plus 5% of excess over$11,000 Over $16,000 but not over $22,000 $690 plus 6% of excess over $16,000 Over $22,000 $1,050 plus 7% of excess over $22,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $13,000 4.55% of the New York taxable income Over $13,000 but not over $19,000 $592 plus 5.55% of excess over $13,000 Over $19,000 but not over $25,000 $925 plus 6.55% of excess over $19,000 Over $25,000 $1,318 plus 7.5% of excess over $25,000 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $16,000 $440 plus 5% of excess over $11,000 Over $16,000 but not over $22,000 $690 plus 6% of excess over $16,000 Over $22,000 but not over $26,000 $1,050 plus 7% of excess over $22,000 Over $26,000 $1,330 plus 7.875% of excess over $26,000 (b) Resident heads of households. There is hereby imposed for each taxable year on the New York taxable income of every resident head of a household a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $250,000 $1,492 plus 6.85% of excess over $30,000 Over $250,000 but not over $500,000 $16,562 plus 7.85% of excess over $250,000 Over $500,000 $36,187 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven:If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 $1,492 plus 6.85% of excess over $30,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.25% of excess over $125,000 Over $500,000 $35,187 plus 7.7% of excess over $500,000 (4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.375% of excess over $125,000 Over $500,000 $35,656 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over$17,000 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over $30,000 Over $125,000 but not over $500,000 $8,000 plus 7.5% of excess over $125,000 Over $500,000 $36,125 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $11,000 4% of the New York taxable income Over $11,000 but not over $15,000 $440 plus 4.5% of excess over $11,000 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over $15,000 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over $17,000 Over $30,000 $1,492 plus 6.85% of excess over $30,000 (7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $7,500 4% of the New York taxable income Over $7,500 but not over $11,000 $300 plus 5% of excess over $7,500 Over $11,000 but not over $15,000 $475 plus 6% of excess over $11,000 Over $15,000 $ 715 plus 7% of excess over $15,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $9,000 4.55% of the New York taxable income Over $9,000 but not over $14,000 $410 plus 5.55% of excess over $9,000 Over $14,000 but not over $19,000 $687 plus 6.55% of excess over $14,000 Over $19,000 $1,015 plus 7.5% of excess over $19,000 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $7,500 4% of the New York taxable income Over $7,500 but not over $11,000 $300 plus 5% of excess over $7,500 Over $11,000 but not over $15,000 $475 plus 6% of excess over $11,000 Over $15,000 but not over $17,000 $715 plus 7% of excess over$15,000 Over $17,000 $855 plus 7.875% of excess over $17,000 (c) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. There is hereby imposed for each taxable year on the New York taxable income of every resident individual who is not a married individual who makes a single return jointly with his spouse under subsection (b) of section six hundred fifty-one or a resident head of a household or a resident surviving spouse, and on the New York taxable income of every resident estate and trust a tax determined in accordance with the following tables: (1) For taxable years beginning after two thousand eight and before two thousand twelve: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $200,000 $973 plus 6.85% of excess over $20,000 Over $200,000 but not over $500,000 $13,303 plus 7.85% of excess over $200,000 Over $500,000 $36,853 plus 8.97% of excess over $500,000 (2) For taxable years beginning after two thousand five and before two thousand nine and after two thousand eleven: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 $973 plus 6.85% of excess over $20,000 (3) For taxable years beginning in two thousand five: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over$13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.25% of excess over $100,000 Over $500,000 $35,453 plus 7.7% of excess over $500,000 (4) For taxable years beginning in two thousand four: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.375% of excess over $100,000 Over $500,000 $35,953 plus 7.7% of excess over $500,000 (5) For taxable years beginning in two thousand three: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over $20,000 Over $100,000 but not over $500,000 $6,453 plus 7.5% of excess over $100,000 Over $500,000 $36,453 plus 7.7% of excess over $500,000 (6) For taxable years beginning after nineteen hundred ninety-six and before two thousand three: If the New York taxable income is: The tax is: Not over $8,000 4% of the New York taxable income Over $8,000 but not over $11,000 $320 plus 4.5% of excess over $8,000 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over $11,000 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over $13,000 Over $20,000 $973 plus 6.85% of excess over $20,000(7) For taxable years beginning in nineteen hundred ninety-six: If the New York taxable income is: The tax is: Not over $5,500 4% of the New York taxable income Over $5,500 but not over $8,000 $220 plus 5% of excess over $5,500 Over $8,000 but not over $11,000 $345 plus 6% of excess over $8,000 Over $11,000 $525 plus 7% of excess over $11,000 (8) For taxable years beginning in nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $6,500 4.55% of the New York taxable income Over $6,500 but not over $9,500 $296 plus 5.55% of excess over $6,500 Over $9,500 but not over $12,500 $462 plus 6.55% of excess over $9,500 Over $12,500 $659 plus 7.5% of excess over $12,500 (9) For taxable years beginning after nineteen hundred eighty-nine and before nineteen hundred ninety-five: If the New York taxable income is: The tax is: Not over $5,500 4% of the New York taxable income Over $5,500 but not over $8,000 $220 plus 5% of excess over $5,500 Over $8,000 but not over $11,000 $345 plus 6% of excess over $8,000 Over $11,000 but not over $13,000 $525 plus 7% of excess over $11,000 Over $13,000 $665 plus 7.875% of excess over $13,000 (d) Tax table benefit recapture. For taxable years beginning after nineteen hundred ninety, there is hereby imposed a supplemental tax in addition to the tax imposed under subsections (a), (b) and (c) of this section for the purpose of recapturing the benefit of the tax tables contained in such subsections or section six hundred ninety-nine of this article, as the case may be. The supplemental tax shall be an amount equal to the sum of the tax table benefits in paragraphs one, two and three of this subsection multiplied by their respective fractions in such paragraphs provided, however, that paragraph two of this subsection shall not apply to taxpayers that are not subject to the second highest rate of tax. (1) Resident married individuals filing joint returns, resident surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c), of this section, as the case may be, or insection six hundred ninety-nine, as the case may be, not subject to the 6.85 percent rate of tax for the taxable year multiplied by such rate and (ii) the dollar denominated tax for such amount of taxable income set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, or section six hundred ninety-nine, as the case may be. (B) The fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over one hundred thousand dollars and the denominator is fifty thousand dollars. (2) Resident married individuals filing joint returns, surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c) of this section, as the case may be, not subject to the second highest rate of tax for the taxable year multiplied by such rate and (ii) the second highest dollar denominated tax for such amount of taxable income set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, less the tax table benefit in paragraph one of this subsection. (B) For taxable years beginning after two thousand two and before two thousand six, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over one hundred fifty thousand dollars and the denominator is fifty thousand dollars. For taxable years beginning after two thousand eight and before two thousand twelve, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over three hundred thousand dollars and the denominator is fifty thousand dollars. (C) This paragraph shall only apply to taxable years beginning after two thousand two and before two thousand six and after two thousand eight and before two thousand twelve. (3) Resident married individuals filing joint returns, surviving spouses, resident heads of households, resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. (A) The tax table benefit is the difference between (i) the amount of taxable income set forth in the tax table in subsection (a), (b) or (c) of this section, as the case may be, not subject to the highest rate of tax for the taxable year multiplied by such rate and (ii) the highest dollar denominated tax set forth in the tax table applicable to the taxable year in subsection (a), (b) or (c) of this section, as the case may be, less the sum of the tax table benefits in paragraphs one and two of this subsection. (B) For such taxpayers with adjusted gross income over five hundred thousand dollars, for taxable years beginning after two thousand eight and before two thousand twelve, the fraction is computed as follows: the numerator is the lesser of fifty thousand dollars or the excess of New York adjusted gross income for the taxable year over five hundred thousand dollars and the denominator is fifty thousand dollars. Provided, however, that the total tax prior to the application of any tax credits shall not exceed the highest rate of tax set forth in the tax table in subsection (a) of this section multiplied by the taxpayer's taxable income.(C) This paragraph shall only apply to taxable years beginning after two thousand two and before two thousand six and after two thousand eight and before two thousand twelve. (e) Nonresidents and part-year residents. (1) General. There is hereby imposed for each taxable year on the taxable income which is derived from sources in this state of every nonresident and part-year resident individual and trust and every nonresident estate a tax which shall be equal to the tax base multiplied by the New York source fraction. (2) Tax base. The tax base is the tax computed under subsections (a) through (d) of this section, as the case may be, reduced by the credits permitted under subsections (b), (c), (d) and (m) of section six hundred six, as if such nonresident or part-year resident individual, estate or trust were a resident subject to the provisions of part II of this article. (3) New York source fraction. The New York source fraction is a fraction the numerator of which is such individual's, estate's or trust's New York source income determined in accordance with part III of this article and the denominator of which is such individual's New York adjusted gross income determined in accordance with part II of this article or such estate's or trust's New York adjusted gross income determined under paragraph four of this subsection. (4) New York adjusted gross income of an estate or trust. New York adjusted gross income of an estate or trust means its federal adjusted gross income, determined under subsection (e) of section sixty-seven of the internal revenue code, with the modifications provided in section six hundred eighteen, other than that portion of the modification provided in subsection three thereof which relates to section six hundred fifteen. (f) Partners and partnerships. A partnership as such shall not be subject to tax under this article. Persons carrying on business as partners shall be liable for tax under this article only in their separate or individual capacities. As used in this article, the term "partnership" shall include, unless a different meaning is clearly required, a subchapter K limited liability company. The term "subchapter K limited liability company" shall mean a limited liability company classified as a partnership for federal income tax purposes. The term "limited liability company" means a domestic limited liability company or a foreign limited liability company, as defined in section one hundred two of the limited liability company law, a limited liability investment company formed pursuant to section five hundred seven of the banking law, or a limited liability trust company formed pursuant to section one hundred two-a of the banking law. (g) Associations taxable as corporations. An association, trust or other unincorporated organization which is taxable as a corporation for federal income tax purposes shall not be subject to tax under this article. (h) Exempt trusts and organizations. A trust or other unincorporated organization which by reason of its purposes or activities is exempt from federal income tax shall be exempt from tax under this article (regardless of whether subject to federal and state income tax on unrelated business taxable income). (i) Cross references. For definitions of New York taxable income of: (1) Resident individual, see section six hundred eleven. (2) Resident estate or trust, see section six hundred eighteen.
