Skip to main content
Department of Taxation and Finance

Corporate tax reform draft regulations

The Department of Taxation and Finance intends to amend the Article 9-A Business Corporation Franchise Tax Regulations to incorporate the changes made by the corporate tax reform legislation contained in the 2014–2015 and 2015–2016 enacted New York State Budgets. As they are developed, drafts of various regulatory amendments will be posted to this website for public comment prior to the State Administrative Procedure process to formally propose and adopt these regulations. These draft regulatory amendments are not final and should not be relied upon. Due dates for providing comments are posted to facilitate the drafting process. However, comments submitted after the due date may still be considered. Submit your comments to Kathleen D. Chase, Office of Counsel, Department of Taxation and Finance, W.A. Harriman Campus, Building 9, Room 200, Albany, NY 12227 or email us.

Parts 1 through 3

These are draft amendments to regulations covering definitions, nexus, accounting periods, income and capital, capital losses, prior net operating loss conversion subtraction, and net operating losses. It combines updates to Parts 1 through 3 that were previously posted (with the exception of the rules for accounting periods).

Text of Draft Rule related Parts 1 through 3

Please provide comments by August 2, 2021.

Business Apportionment Factor

  • These are proposed new sections 4-2.3 (Receipts from the Sale of, License to Use, and Granting of Remote Access to Digital Products) and 4-2.18 (Receipts from Other Services and Other Business Activities) of the New York State Business Corporation Franchise Tax Regulations. These draft regulations describe how to source the receipts under the hierarchies described in Tax Law sections 210-A(4) for digital products and 210-A(10) for other services and other business activities and include numerous examples. These draft rules replace previously posted draft regulations.

    Text of Draft Rule related to Digital Products

    Note: Amended 10/19/16, 7/3/19

    Text of Draft Rule related to Other Services and Other Business Receipts

    Note: Amended 10/19/16, 7/3/19
     
    Please provide comments by October 9, 2019.

  • These are draft amendments to the remaining sections of Part 4 (except Subpart 4-6.5) of the New York State Business Corporation Franchise Tax Regulations. These draft amendments clarify and interpret the general rules contained in section 210-A of the Tax Law that are used to determine the business apportionment fraction.

    Text of Draft Rule related to Apportionment
    Note:  Amended 8/31/17, 7/18/19, 11/8/19

    Please provide comments by February 7, 2020.

Parts 5 through 9

These are draft amendments to Part 5 (Tax Credits), Part 6 (Reports), Part 7 (Payment of Tax, Declaration and Payment of Estimated Tax, and Collection), Part 8 (Assessment, Revision, Refund and Review), and Part 9 (MTA Surcharge). It combines updates to Parts 5 through 9 that had been previously posted separately.

Text of Draft Rule related Parts 5 through 9

Please provide comments by April 22, 2021.

Special Entities (Part 10)

This proposed new Part 10 contains special rules for qualified New York manufacturers, corporate partners, New York S corporations, REITS, RICS, and DISCS. 

Text of Draft Rule related to Special Entities

Note:  Amended 4/28/21

Please provide comments by August 2, 2021.

For more information see:

Corporate Tax Reform 2015

Updated: