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Corporation tax advisory opinions - 2011 (TSB-A)

An Advisory Opinion is issued at the request of a person or entity.  It is limited to the facts set forth therein and is binding on the Department only with respect to the person or entity to whom it is issued and only if the person or entity fully and accurately describes all relevant facts.  An Advisory Opinion is based on the law, regulations, and Department policies in effect as of the date the Opinion is issued or for the specific time period at issue in the Opinion.
 
Corporation tax advisory opinions - 2011 (TSB-A)
NumberPetitioner
TSB-A-11(10)C Whether Petitioner's business activities in New York are covered by Public Law 86-272 (15 USC § 381, et seq.) so that it is not subject to corporate franchise tax in this State.
TSB-A-11(9)C Whether, under Section 21 of the New York Tax Law (the "Brownfield Redevelopment Tax Credit"), the Petitioner may claim the tangible property credit for the cost of qualified improvements placed in service prior to the date of issuance of a certificate of completion ("CoC") if the certificate is issued during the same taxable year that the improvements are placed in service.
TSB-A-11(8)C The characterization and sourcing of business receipts of Petitioner's client under Article 9-A of the Tax Law 
TSB-A-11(7)C Amount of interest to be paid on corporate franchise tax and MTA surcharge refund claims filed on the same date as the amended Federal return for the same taxable year
TSB-A-11(6)C Whether the sale of assets by Petitioner should be treated as business receipts and included in the denominator of the receipts factor of Petitioner's business allocation percentage ("BAP") under Tax Law Article 9-A
TSB-A-11(5)C Whether Petitioner could make the separate accounting election under 20 NYCRR former  3-13.1 for its 2005 taxable year with respect to its indirect interest in a limited liability company that is treated as a partnership and is doing business in New York State.
TSB-A-11(4)C Whether Petitioner will be eligible to apply for EZ tax benefits, derived from a new location acquired after sunset of the EZ Program, if the company expands after sunset to an additional site within the boundaries of the EZ in which it was certified.
TSB-A-11(3)C Whether a parent corporation (Parent) succeeds to an investment tax credit (ITC) carryover of its wholly owned subsidiary (Target), when Parent sells Target's stock to a third party purchaser (Purchaser) and makes a joint election with Purchaser under IRC 338(h)(10) to treat the stock sale as a deemed asset sale.
TSB-A-11(2)C Whether the deposits, if any, received by a limited partnership that are attributable to a limited liability trust company treated as a disregarded entity by the limited partnership would be included in the deposits factors of the limited partners that are Article 32 taxpayers. 
TSB-A-11(1)C Apportionment of the revenue generated on Petitioner's sale of prepaid debit cards and related transactional fees

Other information

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